Process and powers (criminal)

Key statutes

  • Arbitration (International Investment Disputes) Act 1979
  • Bail Act 2000
  • Costs in Criminal Cases Act 1967
  • Courts (Remote Participation) Act 2010
  • Crimes Act 1961
  • Criminal Disclosure Act 2008
  • Criminal Procedure (Mentally Impaired Persons) Act 2003
  • Criminal Procedure Act 2011
  • District Court Act 2016
  • Electronic Courts and Tribunals Act 2016
  • Evidence Act 2006
  • Inferior Courts Procedure Act 1909
  • Juries Act 1981
  • Sentencing Act 2002
  • Summary Offences Act 1981 
  • Contempt of Court Act 2019  
  • Harassment Act 1997

Key secondary legislation

  • District Court Rules 2014
  • High Court Rules 2016
  • Court of Appeal (Criminal) Rules 2005
  • District Courts and High Court (Criminal Fees) Regulations 2013
  • District Court (Access to Court Documents) Rules 2017
  • Crown Prosecution Regulations 2013
  • Jury Rules 1990
  • Criminal Procedure (Transfer of Information) Regulations 2013
  • Sentencing Regulations 2002
  • Criminal Procedure Rules 2012
  • Criminal Procedure (Place of Trial) Regulations 2013

Information/links to recent or currently underway reviews

  • Rules Committee – current projects (as at December 2020) in the civil jurisdiction include:
    • Promoting access to civil justice
    • Costs for lay-litigants
    • Electronic filing in the High Court
    • Electronic filing in the Court of Appeal and Supreme Court
  • Sexual Violence Legislation Bill is currently being considered by Parliament. This Bill will reduce the trauma sexual violence complainants experience in court, while maintaining defendants’ fundamental rights and making sure the trial process remains fair. Further information on the Bill can be found at:

    Parliament: Sexual Violence Legislation Bill(external link)
  • The Contempt of Court Act 2019 consolidated and modernised the rules relating to contempt of court. Further information on the Act can be found on the New Zealand Legislation website(external link).

Forward work

The Rules Committee regularly updates Court Rules to improve court practice, including in relation to judicial conduct. Further information on the Rules Committee can be found at: 

Courts of NZ: Rules Committee(external link)