✨ Criminal Court Protocol
NEW ZEALAND GAZETTE, No. 49 — 11 MAY 2017
This protocol identifies cases and classes of cases which must always be considered for transfer to the High Court in accordance with section 66 of the Criminal Procedure Act 2011. It is the obligation of the prosecution to identify cases falling within the protocol.
The protocol has been developed following consultation between the Chief High Court Judge and the Chief District Court Judge. The provisions of this protocol may be revised from time to time.
This protocol comes into force on 29 May 2017, and replaces the previous protocol published in a Supplement to the New Zealand Gazette, 29 January 2016, Issue No. 8, Notice No. 2016-go286. It applies to proceedings commenced on or after 29 May 2017.
Class 1: Cases involving the following offences
Crimes Act 1961
| Section | Offence |
|---|---|
| Section 69(3) | Aiding and abetting crime outside New Zealand |
| Sections 93, 94 | Piratical acts |
| Section 97 | Accessory after the fact to piracy |
| Section 98AA(1) | Dealing in people under 18 for sexual exploitation, removal of body parts or engagement in forced labour |
| Section 98A | Participation in organised criminal group |
| Section 98C | Smuggling migrants |
| Section 98D | Trafficking in people by means of coercion or deception |
| Section 104 | Corruption and bribery of law enforcement officer |
| Section 105 | Corruption and bribery of official |
| Section 105C | Bribery of foreign public official |
| Section 105D | Bribery outside New Zealand of foreign public official |
| Section 105E | Corruption of foreign public officials |
| Section 105F | Trading in influence |
| Sections 108, 109 | Perjury, where charge relates to proceedings that were held in the High Court |
| Section 113 | Fabricating evidence, where charge relates to proceedings that were held in the High Court |
| Section 115 | Conspiring to bring false accusation, where charge relates to proceedings that were held in the High Court |
| Section 116 | Conspiring to defeat justice, where charge relates to proceedings that were held in the High Court |
| Section 117 | Corrupting juries and witnesses, where charge relates to proceedings that were held in the High Court |
| Section 179 | Aiding and abetting suicide |
| Section 182 | Killing unborn child |
| Section 183(1) | Procuring abortion |
| Section 208* | Abduction of woman or girl |
| Section 208 | Abduction for purposes of marriage or sexual connection |
| Section 209 | Kidnapping |
| Section 235(a) | Aggravated robbery causing grievous bodily harm |
| Section 236(1)(a) | Causing grievous bodily harm with intent to rob |
| Section 238(1)† | Extortion by certain threats |
| Section 270 | Endangering transport |
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NZ Gazette 2017, No 49
✨ LLM interpretation of page content
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Court of Trial Protocol Established for Category 2 and 3 Offences
(continued from previous page)
⚖️ Justice & Law EnforcementCourt Protocol, Criminal Procedure Act 2011, Category 2 and 3 Offences, High Court, District Court
- Chief High Court Judge
- Chief District Court Judge