Plain language law

New Zealand law explained for everyone

Water Services Act 2021

Standards, enforcement, and other matters - Criminal proceedings - Limitation periods for prosecutions

163: Extension of time if chief executive needs longer to decide whether to bring prosecution

You could also call this:

"Getting more time to decide on a prosecution"

Illustration for Water Services Act 2021

You might be wondering what happens if the chief executive needs more time to decide whether to bring a prosecution. If they think they will not be able to file a charging document on time, they can ask the District Court for an extension. The court can give them up to 12 more months to file the document, but only if they apply before the original time limit runs out. You need to know that the court will only give an extension if the chief executive really needs more time to investigate, and if it is in the public's best interest. The court also needs to make sure that the delay will not unfairly affect the person who might be charged. The chief executive, the proposed defendant, and anyone else with an interest in the case must be given a chance to speak to the court before it makes a decision. The court's decision is based on what is said in section 162(1)(a), (b), or (c) and section 158(1). The chief executive must show that they have a good reason for needing more time. The reason must be that the investigation is complex or time-consuming.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374877.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safety
Previous

162: Limitation period for prosecutions brought by chief executive, or

"Time limit for taking someone to court over a water services offence"

Next

164: Certain proceedings may be brought after end of limitation period if fresh evidence discovered, or

"You can take someone to court after the time limit if new evidence is found."

Part 3Standards, enforcement, and other matters
Criminal proceedings: Limitation periods for prosecutions

163Extension of time if chief executive needs longer to decide whether to bring prosecution

  1. This section applies if the chief executive considers that they will not be able to file a charging document by the end of the period specified in section 162(1)(a), (b), or (c).

  2. The District Court may, on application by the chief executive made before the end of the relevant period specified in section 162(1)(a), (b), or (c), extend the time available for filing a charging document for a further period not exceeding 12 months from the date of expiry of that relevant specified period.

  3. The court must not grant an extension under subsection (2) unless it is satisfied that—

  4. the chief executive reasonably requires longer than the relevant specified period to decide whether to file a charging document; and
    1. the reason for requiring the longer period is that the investigation of the events and issues surrounding the alleged offence is complex or time-consuming; and
      1. it is in the public interest in the circumstances that a charging document is able to be filed after the relevant specified period expires; and
        1. filing the charging document after the relevant specified period expires will not unfairly prejudice the proposed defendant in defending the charge.

          1. The court must give the following persons an opportunity to be heard:

          2. the chief executive:
            1. the proposed defendant:
              1. any other person who has an interest in whether a charging document should be filed, being a person described in section 158(1).

                Compare