Regulatory Systems (Courts) Amendment Bill

236 Access to court information, judicial information, or Ministry of Justice information (1) Any person may have access to court information of the District Court information (other than permitted information) may only be accessed by a person to the extent provided by, and in accordance with, rules of court. (2) Access to judicial Judicial information is may not subject to any enactment that applies to the provision of, or access to, any other information. be accessed only with judicial approval. (3) Any person may have access to any Ministry of Justice information may be accessed by any person to the extent provided by, and in accordance with, the Official Information Act 1982, the Privacy Act 2020, the Public Records Act 2005, or any other enactment providing for or regulating access to the information. (3A) For the purposes of sections 29, 30, and 32 of the Data and Statistics Act 2022,— (a) the provision of court information (other than permitted information in accordance with section 237) (4) Subsections (1) and judicial information (2) are not subject to the Government Statistician is expressly prevented; but (b) nothing in this Act limits or prevents the provision of Ministry of Justice information any other enactment that applies to the Government Statistician for the production of official statistics provision of, or research. access to, any information. (4) (5) In this section, court information, judicial information, and Ministry of Justice information, and permitted information mean the information described as such in Schedule 1.

173 Access to court information, judicial information, or Ministry of Justice information (1) Any person may have access to court Court information of (other than permitted information) may only be accessed by a senior court person to the extent provided by, and in accordance with, rules of court. (2) Access to judicial Judicial information is may not subject to any enactment that applies to the provision of, or access to, any other information. be accessed only with judicial approval. (3) Any person may have access to any Ministry of Justice information may be accessed by any person to the extent provided by, and in accordance with, the Official Information Act 1982, the Privacy Act 2020, the Public Records Act 2005, or any other enactment providing for or regulating access to the information. (3A) For the purposes of sections 29, 30, and 32 of the Data and Statistics Act 2022,— (a) the provision of court information (other than permitted information in accordance with section 174) (4) Subsections (1) and judicial information (2) are not subject to the Government Statistician is expressly prevented; but (b) nothing in this Act limits or prevents the provision of Ministry of Justice information any other enactment that applies to the Government Statistician for the production of official statistics provision of, or research. access to, any information. (4) (5) In this section, court information, judicial information, and Ministry of Justice information, and permitted information mean the documents and information described as such in Schedule 2.

174A Courts and tribunals not required to provide information or documents No person may exercise a statutory power to require any court or tribunal to provide any information or document that— is in the possession or control of the court or tribunal; and relates to 1 or more specific proceedings in the court or tribunal.

20 Associate Judge may exercise certain powers of High Court (1) An Associate Judge has the jurisdiction and powers of the High Court in relation to the following matters: (a) an application for summary judgment: (b) reinstating a company to the Register of Companies: (c) any matter arising under the Insolvency Act 1967: (d) case management of of, and interlocutory applications in, proceedings under the Admiralty Act 1973: (e) a proceeding in which relief is claimed solely under any of sections 142, 143, 146, 177, 178, and 180 of the Land Transfer Act 2017 (which relate to caveats): (f) an assessment of damages where liability has been determined or the trial of a proceeding in which only the amount of a debt or damages is in dispute: (g) the entry of a judgment by consent or the making of an order by consent: (h) the making of an order (other than an arrest order or an order relating to an arrest order) that may be made under the High Court Rules against a judgment debtor who has been ordered to attend the court for an examination: (i) the making, variation, suspension, or discharge of an attachment order under the High Court Rules: (j) any other matter that an Associate Judge has jurisdiction to deal with under an enactment. (2) An Associate Judge has the jurisdiction and powers of the court or a High Court Judge under the following enactments: (a) article 11 of Schedule 1 of the Arbitration Act 1996: (b) sections 123, 154, 165 to 168, 173, 179, 232 to 234, 236 to 238, Part 15A, Part 16, and section 329 of the Companies Act 1993: (c) section 42(2) of the Corporations (Investigations and Management) Act 1989: (d) the Insolvency Act 2006 (except sections 150, 166(3), 180, and 236(2)): (e) regulations or rules made under the Insolvency Act 2006: (f) regulations relating to liquidations made under the Companies Act 1993: (g) sections 118, 128, 131, 167, 168, 170, 179, 181, 182, and 186 of the Personal Property Securities Act 1999: (h) the Model Law on Cross-Border Insolvency as set out in Schedule 1 of the Insolvency (Cross-border) Act 2006: (i) subpart 2 of Part 2 and sections 25 and 26(1) and (2) of the Contempt of Court Act 2019: (j) section 89 of the Limited Partnerships Act 2008. (3) An Associate Judge may adjourn a proceeding even though the Associate Judge does not have jurisdiction in relation to the proceeding. (4) An Associate Judge has the jurisdiction and powers of the court to deal with costs and other matters incidental to the matters over which the Associate Judge has jurisdiction under this section. (5) Rules made under section 148 or under any other Act in the same manner as rules under that section may contain any provisions that may be necessary to enable the proper exercise by Associate Judges of the jurisdiction and powers conferred by this section. Compare: 1908 No 89 ss 26I(1)–(3), (4)(a), 26O

22 Rules conferring on Associate Judges specified jurisdiction and powers of High Court Judge in chambers (1) Rules made under section 148 and rules made under any other Act in the manner provided in that section may confer on an Associate Judge the jurisdiction and powers of a High Court Judge in chambers specified in the rules. (2) The rules may specify limitations and restrictions on the jurisdiction and powers. (3) The rules may contain any provisions that may be necessary to enable the proper exercise by Associate Judges of the jurisdiction and powers so conferred. (4) Despite subsection (1), no rules may be made that confer on Associate Judges jurisdiction and power in relation to any of the following: (a) a criminal proceeding other than an uncontested application for bail or an application to set aside a witness summons: (b) an application for a writ of habeas corpus: (c) a proceeding for the issue or renewal of a writ of sequestration: (d) a proceeding under the Care of Children Act 2004: (e) an action in rem under the Admiralty Act 1973: (f) an application to review, or appeal against, the exercise, or the refusal to exercise, by a Registrar or a Deputy Registrar of any jurisdiction or power conferred on a Registrar or Deputy Registrar by this Act or any other enactment: (g) an application for a search order or an interlocutory or a permanent injunction: (h) an application for review or other relief under the Judicial Review Procedure Act 2016: (i) a proceeding for a writ or an order 1973 (other than in the nature respect of mandamus, prohibition, or certiorari, or for a declaration case management or an injunction: (j) a proceeding to remove a person from public office: (k) a proceeding to try the right of a person to hold public office. Compare: 1908 No 89 s 26J interlocutory application):

111 Appointment of acting Judges of Supreme Court by Governor-General (1) The Governor-General may, on the advice of the Attorney-General, appoint 1 or more acting Judges of the Supreme Court. (2) A person is eligible for appointment under subsection (1) if that person is— (a) a retired Supreme Court Judge; and (b) under the age of 75 years. (3) During the term of his or her appointment under subsection (1), an acting Judge of the Supreme Court may only act to the extent authorised by the Chief Justice under subsection (4). (4) The Chief Justice may authorise an acting Judge to act as a member of the Supreme Court— (a) to hear and determine any proceedings within a specified period; or (b) to hear and determine 1 or more specified proceedings. (5) The Chief Justice may authorise an acting Judge to act as a member of the Supreme Court only if satisfied that— (a) there is a vacancy in the Supreme Court; or (b) a Judge of the Supreme Court is for any reason unavailable to hear proceedings or particular proceedings. (6) An acting Judge is authorised when the Chief Justice gives the Attorney-General a certificate under section 115. Compare: 2003 No 53 s 23(1), (3)–(6)

29 Inspector-General may require provision of information, document, or other thing (1) A person must, on request, provide the Inspector-General with (3) However, this section does not apply to any information, document, or other thing that is in the person’s possession or control and that the Inspector-General considers may be relevant to an investigation. (2) This section applies— of— (a) to a person working for the Defence Force specialist court in relation to its judicial functions; or (subject a tribunal in relation to its judicial functions. (4) In subsection (3)) to any other person: (3)(a), specialist court means— (b) whether or not the information, document, or other thing would be admissible in a court Court Martial Appeal Court: the Court Martial of law. New Zealand: (3) However, this section does not apply to— the Employment Court: (a) any court information or judicial information, as those terms are used in section the Environment Court: the Māori Appellate Court: the Māori Land Court. Section 236 of the District Court Act 2016 deals with access to court information and section 173 judicial information of the Senior Courts Act 2016; or (b) District Court and is not subject to any information, document, or other thing in enactment relating to the possession provision of, or control access to, any information. Section 173 of a court, or the Senior Courts Act 2016 deals with access to court information and judicial information of a tribunal in relation senior court and is not subject to its judicial functions. any other enactment relating to the provision of, or access to, any information.

29 Inspector-General may require provision of information, document, or other thing (1) A person must, on request, provide the Inspector-General with any information, document, or other thing that is in the person's possession or control and that the Inspector-General considers may be relevant to an investigation. (2) This section applies- (a) to a person working for the Defence Force or (subject to subsection (3)) to any other person: (b) whether or not the information, document, or other thing would be admissible in a court of law. (3) However, this section does not apply to- (a) any court information or judicial information, as those terms are used in section 236 of the District Court Act 2016 and section 173 of the Senior Courts Act 2016; or (b) any information, document, or other thing in the possession or control of a court, or of a tribunal in relation to its judicial functions.

29 Inspector-General may require provision of information, document, or other thing (1) A person must, on request, provide the Inspector-General with any information, document, or other thing that is in the person’s possession or control and that the Inspector-General considers may be relevant to an investigation. (2) This section applies— (a) to a person working for the Defence Force or (subject to subsection (3)) to any other person: (b) whether or not the information, document, or other thing would be admissible in a court of law. (3) However, this section does not apply to— (a) any court information or judicial information, as those terms are used in section 236 of the District Court Act 2016 and section 173 of the Senior Courts Act 2016; or (b) any information, document, or other thing in the possession or control of a court, or of a tribunal in relation to its judicial functions.

128 Consent orders In any proceedings under this Act, a Family Court Judge or Family Court Associate may make an order with the consent of all of the parties to the proceedings.

2 Interpretation In this Act, unless the context otherwise requires,— District Court Rules means the rules made under section 228 of the District Court Act 2016 Family Court Judge includes the Principal Family Court Judge Family Court Rules means the rules made under section 16A.

25 When court may make orders (1) On an application under section 23, the court may— (a) make any order it considers just— (i) determining the respective shares of each spouse or partner in the relationship property or any part of that property; or (ii) dividing the relationship property or any part of that property between the spouses or partners: (b) make any other order that it is empowered to make by any provision of this Act. (2) The court may not make an order under subsection (1) unless it is satisfied,— (a) in the case of a marriage or civil union,— (i) that the spouses or civil union partners are living apart (whether or not they have continued to live in the same residence) or are separated; or (ii) that the marriage or civil union has been dissolved; or (b) in the case of a de facto relationship, that the de facto partners no longer have a de facto relationship with each other; or (c) that one spouse or partner is endangering the relationship property or seriously diminishing its value, by gross mismanagement or by wilful or reckless dissipation of property or earnings; or (d) that either spouse or partner is an undischarged bankrupt. (3) Regardless of subsection (2), the court may at any time make any order or declaration relating to the status, ownership, vesting, or possession of any specific property as it considers just. (4) To avoid any doubt, but without limiting subsection (3), if proceedings under this Act are pending, the court, if it considers it appropriate in the circumstances, may make an interim order under that subsection for the sale of any relationship property, and may give any directions it thinks fit with respect to the proceeds. (4A) If proceedings under this Act are pending, a Family Court Associate has the jurisdiction and powers of a Family Court Judge under subsection (4) if— (a) the Family Court Associate considers it appropriate in the circumstances to make an interim order of the kind referred to in that subsection; and (b) the parties to the proceedings consent to the making of the order and the giving of directions by the Family Court Associate with respect to the proceeds. (5) This section is subject to the other provisions of this Act. (6) In proceedings commenced after the death of one of the spouses or partners, this section is modified by section 91.

25A Consent orders (1) In any proceedings under this Act, a Family Court Judge or Family Court Associate may make an order (being an order that the court is empowered to make in the proceedings) with the consent of the parties (a consent order). (2) Subsection (1) is subject to subsections (3) and (4). (3) An order may not be made with the consent of the parties unless all requirements in this Act relating to the making of the order are satisfied. (4) A Family Court Associate may not make a consent order under section 38A.

(9) A Family Court Associate has the jurisdiction, powers, and duties of a Family Court Judge under this section in respect of an application for a temporary order if the Family Court Associate is satisfied on the basis of the information provided in any report received from a lawyer appointed under section 65 or 65A that— the lawyer appointed to represent the person in respect of whom the application is made has met with the person and carried out their duties under section 65(2)(ab) and (b); and no one has expressed any opposition to the order being made.

(4) A Family Court Associate may exercise the jurisdiction of the court under— subsection (1)(g); and subsection (2), except in relation to an application that is made for the exercise of the court’s jurisdiction under— section 86; or section 87; or Part 9; or Part 9A.

65 Appointment of lawyer to represent person in respect of whom application made (1) On an application for the exercise of the court’s jurisdiction under this Act, a court or the Registrar of a court must appoint a lawyer to represent contact the person in respect of whom the application is made, unless the court or the Registrar is satisfied that the person has retained or will retain a lawyer. (2) So far as may be practicable, it shall be the duty of the lawyer appointed under subsection (1) to— made; and (a) contact explain to the person in respect of whom the application is made, explain to that person made the nature and purpose of the application, and ascertain and give effect to that person’s wishes in respect of the application; and (b) evaluate the solutions for the problem for which an order is sought submitted by other parties to the proceedings, taking account of the need to find a solution that— (i) makes the least restrictive intervention possible in the life of the person in respect of whom the application is made, having regard to the degree of incapacity or incompetence of that person; and (ii) enables or encourages the person in respect of whom the application is made to develop and exercise such capacity or competence that the person may have to the greatest extent possible. (3) (4) A lawyer appointed under this section may call any person as a witness in the proceedings, and may cross-examine witnesses called by any party to the proceedings or by the person in respect of whom the application is made or by the court. (5) Fees for professional services provided by lawyers appointed under this section, and reasonable expenses incurred,— (a) may be determined in accordance with regulations made under this Act; and (b) are payable out of public money appropriated by Parliament for the purpose. (6) An invoice for fees and expenses submitted for payment by a lawyer appointed under this section must be given to a Registrar of the court, and the Registrar processing the invoice may decide to adjust the amount of the invoice. (7) If the lawyer is dissatisfied with the decision of the Registrar as to the amount of the invoice, the lawyer may, within 14 days after the date of the decision, apply to a Family Court Judge to review the decision; and the Judge may make such order varying or confirming the decision as the Judge considers fair and reasonable. (8) Notwithstanding subsection (5), the court shall have regard to the means of any party to the proceedings or the person in respect of whom the application is made, and shall, if it thinks proper, order any party or the person to refund to the Crown such amount as the court specifies in respect of any fees or expenses paid under that subsection; and the amount ordered to be refunded shall be a debt due to the Crown by that party or by that person and shall be recoverable accordingly in any court of competent jurisdiction.

79A Family Court Associates may make orders in undefended applications in certain circumstances (1) This section applies to an undefended application made under— Part 1 for an order of a kind specified in section 10(1): section 14 for an interim order under section 10, 11, or 12: section 31 for the appointment of a manager. (2) The jurisdiction of the court in respect of an undefended application referred to in subsection (1) may be exercised by a Family Court Associate if the requirements in subsection (3) are met. (3) The requirements referred to in subsection (2) are that— the Family Court Associate is satisfied that the lawyer appointed to represent the person in respect of whom the application is made has met with the person and carried out their duties under section 65(2)(ab) and (b); and the order sought by the application is consistent with all views expressed to the court (if any), including in any findings or recommendations in any report— obtained by the court under section 76 or 87; or received from a lawyer appointed under section 65 or 65A; and in the case of an application seeking the provision of any medical treatment or procedure, the Family Court Associate is satisfied that the treatment or procedure will not have a significant impact on the person in respect of whom the application is made.

4 Coroner’s role (1) A coroner’s role in relation to a death is— (a) to receive a report of the death from the New Zealand Police; and (b) to decide whether to direct a post-mortem and, if one is directed, to determine whether to authorise certain people (other than the pathologist) to attend; and (c) to authorise the release of the body (including determining, if a post-mortem has been directed, whether the pathologist wishes and is permitted, on the release of the body, to retain body parts or bodily samples); and (d) to decide whether to open an inquiry (and, if one is to be conducted, whether an inquest should be held); and (e) if an inquiry is to be opened and conducted,— (i) to open and conduct it for the 3 purposes stated in subsection (2) (and in section 57), and not to determine civil, criminal, or disciplinary liability; and (ii) to determine related matters such as whether to prohibit the making public of evidence and whether to authorise the making public of certain particulars of deaths suspected or found to be self-inflicted deaths; and (iii) to complete and sign a certificate of findings in relation to the death (if the inquiry is completed and not earlier closed); and (f) to give members and representatives of the immediate family of the person who is, or of a person who is suspected to be, the dead person concerned, and certain others, notice of significant matters in the carrying out of the duties and processes required by law to be performed or followed in relation to the death. (2) The 3 purposes referred to in subsection (1)(e)(i) are— (a) to establish, so far as possible,— (i) that a person has died; and (ii) the person’s identity; and (iii) when and where the person died; and (iv) the causes of the death; and (v) the circumstances of the death; and (b) to make recommendations or comments under section 57A that, in the coroner’s opinion, may, if drawn to public attention, reduce the chances of the occurrence of other deaths in circumstances similar to those in which the death occurred; and (c) to determine whether the public interest would be served by the death being investigated by other investigating authorities in the performance or exercise of their functions, powers, or duties, and to refer the death to them if satisfied that the public interest would be served by their investigating it in the performance or exercise of their functions, powers, or duties. (3) This section is only a general guide to a coroner’s role.

8 Overview of this Act (1) Part 1 deals with general matters including the purpose and structure of the Act, a coroner’s role, the chief coroner’s functions, definitions, and the application of the Act. (2) Part 2 deals with deaths that must be reported and post-mortems and, in particular,— (a) custody and removal of bodies: (b) interests of families and other relevant people or organisations: (c) release of bodies, and retention and return of body parts and bodily samples. (3) Part 3 deals with— (a) the opening and conduct of inquiries into the causes and circumstances of deaths and, in particular,— (i) the holding of inquests inquests, and completion of inquiries: (ii) inquiries or further inquiries ordered by the Solicitor-General or the High Court; and (b) the closing of inquiries. (4) Part 4 relates to appointments (including removal of, and complaints about, the chief coroner and other coroners), administration, powers, offences and penalties, and technical matters (including regulations and repeals). (5) This section is only a guide to the general scheme and effect of this Act.

9 Interpretation In this Act, unless the context otherwise requires,- approved form means a form approved and issued under section 140B associate coroner means a person appointed under section 104A bodily sample, in relation to a body,- (a) means a sample or specimen (whether of a body part, or of any other thing that is in or on the body, or of both) taken from the body by a pathologist after the death of the person concerned; and so (b) includes a sample or specimen so taken of blood or tissue, urine or other bodily fluids, or contents of the stomach or bowel, and a sample or specimen so taken that is, or is part of, the following: (i) any thing that is, or is in or on, an item of clothing on the body: (ii) a weapon, or other foreign item or substance (for example, a surgical implant, including a cardiac pacemaker or other biomechanical aid), that is in or on the body body means a dead person, but- (a) includes a part of a person (whether or not the person's identity is known when the part is discovered or is later determined)- (i) without which no person can live; or (ii) discovered in such circumstances or such a state that it is probable that the person is dead; and (b) does not include a dead foetus or a stillborn child (as those terms are defined in section 4 of the Births, Deaths, Marriages, and Relationships Registration Act 2021); and (c) for the purposes of an authorisation for release under section 42, does not include any body part or bodily sample retained in accordance with section 48(2) body part, in relation to a body,- (a) means any part of the body (whether separated from the body before, on, or after the death concerned); and so (b) includes a part so received or removed that is an organ, limb, hand, foot, or digit chief coroner means the person appointed under section 105, and includes either of the following people while he or she is authorised to act for the chief coroner under section 105A or 106: (a) the deputy chief coroner: (b) the acting chief coroner coroner has the meaning given to it by section 10 craft includes any aircraft, ship, boat, or other machine or vessel, used or capable of being used for the carriage or transportation of persons or goods, or both, by air or water or over or under water death, in relation to reporting to a Police employee or a coroner, includes the finding of a body death in official custody or care means the death of any of the following: (a) a patient within the meaning of the Substance Addiction (Compulsory Assessment and Treatment) Act 2017 (whether or not the death occurred in a treatment centre): (b) a child or young person who has been placed in a residence within the meaning of section 2(1) or 364 of the Oranga Tamariki Act 1989 (whether or not the death occurred in the residence): (c) a child or young person who- (i) is in the custody or care of an iwi social service, a cultural social service, a residential disability care operator, or the director of a child and family support service pursuant to section 43, 78, 101, 102, 110, 139, 140, 141, 142, 234, 238, or 345 of the Oranga Tamariki Act 1989; or (ii) is in the charge of any person or organisation pursuant to section 362 of that Act: (d) a patient within the meaning of section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 (whether or not the death occurred in the hospital concerned): (e) a care recipient or proposed care recipient within the meaning of section 5(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (whether or not the death occurred in the facility concerned): (f) a prisoner within the meaning of section 3(1) of the Corrections Act 2004 (whether or not the death occurred in the prison concerned): (g) a person in the custody of the New Zealand Police: (h) a person under the control of a security officer (as defined in section 3(1) of the Corrections Act 2004): (i) a resident within the meaning of section 3 of the Public Safety (Public Protection Orders) Act 2014 dentist means a health practitioner who is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dentistry designated coroner, in relation to a death, means the coroner designated by the chief coroner under section 133 to receive reports of all deaths of that kind doctor means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine expert has the same meaning as in section 4(1) of the Evidence Act 2006 expert evidence has the same meaning as in section 4(1) of the Evidence Act 2006 health practitioner means a person who is or is deemed to be registered with an authority as a practitioner of a particular health profession under the Health Practitioners Competence Assurance Act 2003 immediate family, in relation to a dead person,- (a) means members of the dead person's family, whānau, or other culturally recognised family group, who- (i) were in a close relationship with the person; or (ii) had, in accordance with customs or traditions of the community of which the person was part, responsibility for, or an interest in, the person's welfare and best interests; and (b) to avoid doubt, includes persons whose relationship to the dead person is, or is through 1 or more relationships that are, that or those of- (i) spouse, civil union partner, or de facto partner of the dead person: (ii) child, parent, guardian, grandparent, brother, or sister of the dead person: (iii) stepchild, step-parent, stepbrother, or stepsister of the dead person inquest means a hearing held by a coroner in connection with an inquiry opened and conducted by a coroner under Part 3 inquiry means an inquiry into a death opened and conducted by a coroner under Part 3; and includes any related inquest held by the coroner interested party, in relation to the death, or suspected death, of a person means- (a) a person who is recognised under section 22 as a representative of the immediate family of the person who is, or is suspected to be, dead; and (b) a member of the immediate family of the person who is, or is suspected to be, dead who has asked to be notified of matters, and has given the responsible coroner contact details for that purpose, because the member considers that the member's interests are not represented by a representative recognised under section 22; and (c) a person whose conduct is, in the view of the responsible coroner, likely to be called into question during the course of any inquiry in relation to the death or suspected death; and (d) any other person or organisation that the responsible coroner considers has an interest in the death or suspected death (apart from any interest in common with the public) investigation, in relation to a death and a coroner, means every function, power, or duty the coroner may or must perform or exercise in relation to the death, including, without limitation, the coroner's functions, powers, or duties relating to- (a) a post-mortem of the body concerned; and (b) an inquiry into the death; and (c) an inquest related to an inquiry into the death irrecoverable means impossible or impracticable to recover Justice has the same meaning as in section 2 of the Justices of the Peace Act 1957 marae includes the area of land on which all buildings such as the wharenui (meeting house), the wharekai (dining room), ablution blocks, and any other associated buildings are situated medical procedure- (a) means a medical, surgical, or dental treatment or operation, or any procedure of a similar kind; and (b) includes the administration of a medicine (as defined in section 3 of the Medicines Act 1981) or an anaesthetic Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act New Zealand- (a) means the land and the waters enclosed by the outer limits of the territorial sea of New Zealand (as described in section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977); and (b) includes the Ross Dependency other investigating authority, in relation to a death, means an authority (other than a coroner) permitted or required by law to investigate the death; and includes, without limitation, any of the following authorities: (a) (b) the Civil Aviation Authority of New Zealand continued by section 20 of the Civil Aviation Act 2023: (c) the Corporation as defined in section 39 of the Accident Compensation Act 2001: (d) the Director or a Deputy Director or a district inspector as defined in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992: (e) a district inspector as defined in section 5(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003: (f) the Health and Disability Commissioner appointed under section 8 of the Health and Disability Commissioner Act 1994: (g) a food safety officer as defined in section 8(1) of the Food Act 2014: (h) a regulator as defined in section 16 of the Health and Safety at Work Act 2015 or an inspector appointed under section 163 of that Act: (i) the New Zealand Transport Agency established by section 93 of the Land Transport Management Act 2003: (j) a Medical Officer of Health under the Health Act 1956: (k) the authority known as Maritime New Zealand continued by section 429 of the Maritime Transport Act 1994: (l) the Independent Police Conduct Authority established under section 4 of the Independent Police Conduct Authority Act 1988: (m) the Transport Accident Investigation Commission established by section 3 of the Transport Accident Investigation Commission Act 1990: (n) a Royal Commission, or a commission of inquiry appointed by an Order in Council made under the Commissions of Inquiry Act 1908, or a commission of inquiry or board of inquiry or court of inquiry or committee of inquiry appointed, pursuant to, or by, any provision of an Act: (o) an inquiry to which section 6 of the Inquiries Act 2013 applies overseas death means a death that occurs outside New Zealand other than a death on or from- (a) a New Zealand registered aircraft (as defined in section 5 of the Civil Aviation Act 2023; or (b) a New Zealand ship (as defined in section 2(1) of the Maritime Transport Act 1994); or (c) an aircraft or a ship of the Armed Forces (as defined in section 2(1) of the Defence Act 1990) pathologist- (a) means a doctor who is competent to perform post-mortems because his or her scope of practice (as defined in section 5(1) of the Health Practitioners Competence Assurance Act 2003) includes the branch of medicine of pathology; and (b) in relation to a post-mortem directed under section 31, means the pathologist directed to perform the post-mortem; and includes another pathologist who, with a coroner's authorisation under section 38(1)(b), is attending, participating in, and helping with, the post-mortem pathologist's report means a report given by a pathologist to a coroner under section 31(6) post-mortem means a post-mortem examination relief coroner means a person appointed under section 104 Remuneration Authority means the Authority established by section 4(1) of the Remuneration Authority Act 1977 responsible coroner, in relation to a death, means,- (a) until a replacement coroner is appointed under section 133A(2), the coroner who is- (i) the designated coroner to whom the death is reported under section 15(2)(a); or (ii) if the death is reported to another coroner under section 15(2)(b), the responsible coroner appointed by the chief coroner under section 133A(1); and (b) on and after the date on which the chief coroner appoints a replacement coroner under section 133A(2), the coroner who is the replacement coroner responsible department means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act Secretary means the chief executive of the responsible department vehicle means a conveyance for use on land, whether or not it is also capable of being used on or over water. Compare: 1988 No 111 s 2 nurse practitioner has the meaning given in section 2 of the Burial and Cremation Act 1964

a notice under section 65A of a coroner’s decision to close an inquiry that the coroner has opened; or

40 Coroner may require person's doctor or nurse practitioner to report (1) A coroner may, by written notice to a doctor or nurse practitioner who attended a person before death, require the doctor or nurse practitioner to give the coroner a written report (containing information specified in the notice) relating to the person. (2) The information specified in a notice under subsection (1) may include, without limitation, the dead person's health information (as defined in section 22B of the Health Act 1956). Compare: 1988 No 111 s 10(2)

41 High Court may order post-mortem in certain circumstances (1) The Solicitor-General may apply to the High Court for an order that a pathologist be directed under section 31 by the Solicitor-General to perform a post-mortem of a body. (2) On an application under subsection (1), the High Court may order that a pathologist be directed under section 31 by the Solicitor-General to perform a post-mortem of a body, but only if the High Court is satisfied that- (a) the performance of a post-mortem of the body is necessary or desirable for the purposes of this Act; and (b) the coroner who might have directed its performance has failed or refused to do so. (3) A pathologist must perform a post-mortem of a body if the pathologist is, in accordance with an order of the High Court under subsection (2), directed under section 31 by the Solicitor-General to perform the post-mortem of the body. (4) Despite section 42(1) (release of bodies), if an order is made under subsection (2),- (a) the Solicitor-General may, for the purposes of the post-mortem concerned, give any directions he or she thinks fit relating to the removal of the body concerned; and (b) until the authorised post-mortem has been completed, no coroner may- (i) give any directions under section 20 relating to the removal of the body; or (ii) authorise the release of the body under section 42. (5) The following sections apply to a direction under subsection (4)(a) as if it were a direction by a coroner under section 20: (a) sections 128 to 130 (warrant for removal of body): (b) section 131 (power to seize evidence relevant to post-mortem): (c) section 136 (non-compliance with direction about removal of body). (6) The following sections apply to a post-mortem ordered to be directed to be performed under this section as if the Solicitor-General were a coroner who had directed the pathologist concerned to perform it: (a) section 23 (coroner must give interested parties notice of significant matters): (b) section 37 (post-mortem may be performed early in some cases): (c) sections 38 and 39 (who may attend post-mortem): (d) section 40 (coroner may require person's doctor or nurse practitioner to report): (e) section 131 (power to seize evidence relevant to post-mortem). Compare: 1988 No 111 s 39

the coroner notifies the Secretary, under section 65A, of the coroner’s decision to close an inquiry.

64 Duties of coroner who decides not to open inquiry (1) A coroner who decides not to open an inquiry into a death must notify the Secretary, in an approved form, of the decision. (2) An approved form must contain or have attached to it (as the case requires)- (a) the coroner's reasons for the decision not to open an inquiry; and (b) the cause of death to the extent that it is known. (2A) The coroner may record the cause of death in an approved form as presumed natural causes without investigation if the coroner is satisfied that- (a) the evidence gathered to date raises a presumption that the death is from natural causes; and (b) no further investigation is required to discharge the coroner's role under this Act. (2B) The coroner is not required to provide information regarding the circumstances of the death if the coroner considers there is no public interest in doing so. (3) An approved form must also be accompanied by a written statement as to the identity of the person concerned and that- (a) is signed by the person making it; and (b) shows that the person's signature has been witnessed either by a constable or by a person (not being a constable) the coroner authorised to witness that signature. Compare: 1988 No 111 s 20(2)

64 Duties of coroner who decides not to open inquiry (1) A coroner who decides not to open an inquiry into a death must notify the Secretary, in an approved form, of the decision. (2) An approved form must contain or have attached to it (as the case requires)— (a) the coroner’s reasons for the decision not to open an inquiry; and (b) the cause of death to the extent known. (2A) The coroner may record the cause of death in an approved form as presumed natural causes without investigation if the coroner is satisfied that— (a) the evidence gathered to date raises a presumption that the death it is from natural causes; known; and (b) no further investigation is required to discharge the coroner’s role under this Act. (2B) The coroner is not required to provide information regarding the circumstances of the death if a statement that the coroner considers there is no public interest in doing so. (3) An approved form must also be accompanied by a written statement satisfied as to the identity of the person concerned and that— (a) is signed by the person making it; and (b) shows that the person’s signature has been witnessed either by a constable or by a dead person (not being a constable) the coroner authorised to witness that signature. Compare: 1988 No 111 s 20(2) concerned.

64 Duties of coroner who decides not to open inquiry (1) A coroner who decides not to open an inquiry into a death must notify the Secretary, in an approved form, of the decision. (2) An approved form must contain or have attached to it (as the case requires)- (a) the coroner's reasons for the decision not to open an inquiry; and (b) the cause of death to the extent known. (2A) The coroner may record the cause of death in an approved form as presumed natural causes without investigation if the coroner is satisfied satisfied, based on the evidence gathered to date, that- (a) the evidence gathered to date raises a presumption that the death is from natural causes; and (b) no further investigation is required to discharge the coroner's role under this Act. (2B) The coroner is not required to provide information regarding the circumstances of the death if the coroner considers there is no public interest in doing so. (3) An approved form must also be accompanied by a written statement as to the identity of the person concerned and that- (a) is signed by the person making it; and (b) shows that the person's signature has been witnessed either by a constable or by a person (not being a constable) the coroner authorised to witness that signature. Compare: 1988 No 111 s 20(2)

64 Duties of coroner who decides not to open inquiry (1) A coroner who decides not to open an inquiry into a death must notify the Secretary, in an approved form, of the decision. (2) An approved form must contain or have attached to it (as the case requires)— (a) the coroner’s reasons for the decision not to open an inquiry; and (b) the cause of death to the extent known. (2A) The coroner may record the cause of death in an approved form as presumed natural causes without investigation if the coroner is satisfied that— (a) the evidence gathered appears to date raises a presumption that the death is have been from natural causes; and (b) no further investigation is required to discharge the coroner’s role under this Act. (2B) The coroner is not required to provide information regarding the circumstances of the death if the coroner considers there is no public interest in doing so. (3) An approved form must also be accompanied by a written statement as to the identity of the person concerned and that— (a) is signed by the person making it; and (b) shows that the person’s signature has been witnessed either by a constable or by a person (not being a constable) the coroner authorised to witness that signature. Compare: 1988 No 111 s 20(2)

64 Duties of coroner who decides not to open inquiry (1) A coroner who decides not to open an inquiry into a death must notify the Secretary, in an approved form, of the decision. (2) An approved form must contain or have attached to it (as the case requires)— (a) the coroner’s reasons for the decision not to open an inquiry; and (b) the cause of death to the extent known. (2A) The coroner may record the cause of death in an approved form as presumed natural causes without investigation if the coroner is satisfied that— (a) the evidence gathered to date raises a presumption that the death is from natural causes; and (b) no further investigation is required to discharge the coroner’s role under this Act. (2B) The coroner is not required to provide information regarding about the circumstances of the death concerned if the coroner considers there is no coroner— takes into account the public interest in doing so. (3) An approved form must also be accompanied by a written statement as to the identity circumstances of the person concerned and that— (a) is signed by the person making it; death; and (b) shows considers that there is no clear benefit to the person’s signature has been witnessed either by a constable or by a person (not being a constable) public in providing the coroner authorised to witness that signature. Compare: 1988 No 111 s 20(2) information.

64 Duties of coroner who decides not to open inquiry (1) A coroner who decides not to open an inquiry into a death must notify the Secretary, in an approved form, of the decision. (2) An approved form must contain or have attached to it (as the case requires)- (a) the coroner's reasons for the decision not to open an inquiry; and (b) the cause of death to the extent known. (2A) The coroner may record the cause of death in an approved form as presumed natural causes without investigation if the coroner is satisfied that- (a) the evidence gathered to date raises a presumption that the death is from natural causes; and (b) no further investigation is required to discharge the coroner's role under this Act. (2B) The coroner is not required to provide information regarding the circumstances of the death if the coroner considers there is no public interest in doing so. (3) An approved form must also be accompanied by a written statement as to the identity of the dead person concerned and that- (a) is signed by the person making it; and (b) shows that the person's signature has been witnessed either by a constable or by a person (not being a constable) the coroner authorised to witness that signature. Compare: 1988 No 111 s 20(2)

64 Duties of coroner who decides not to open inquiry (1) A coroner who decides not to open an inquiry into a death must notify the Secretary, in an approved form, of the decision. (2) An approved form must contain or have attached to it (as the case requires)— (a) the coroner’s reasons for the decision not to open an inquiry; and (b) the cause of death to the extent known. (2A) The coroner may record the cause of death in an approved form as presumed natural causes without investigation if the coroner is satisfied that— (a) the evidence gathered to date raises a presumption that the death is from natural causes; and (b) no further investigation is required to discharge the coroner’s role under this Act. (2B) The coroner is not required to provide information regarding the circumstances of the death if the coroner considers there is no public interest in doing so. (3) An approved form must also be accompanied by a written statement as to the identity of the person concerned and that— (a) is signed by the person making it; and (b) shows that the person’s signature has been witnessed either by a constable or by a person (not being a constable) the coroner authorised to witness that signature. Compare: 1988 No 111 s 20(2)

65A Coroner may decide to close inquiry despite initial decision Grounds for closing inquiry (1) A coroner who, after deciding to open an inquiry, becomes satisfied (whether because of information not available at the time of deciding, or for any other reason) of either of the following matters may close the inquiry: that the death concerned appears to be from natural causes: that the death concerned appears to be unnatural or violent but— is not due to the action or inaction of any other person; and completion of the inquiry is unlikely to result in recommendations or comments that may reduce the chances of further deaths occurring in circumstances similar to those in which the death occurred. Restrictions on closing inquiry (2) However, a coroner must not close an inquiry under subsection (1)— that is required to be opened and conducted under section 60; or on or after the date fixed for an inquest under section 81(1) or (2); or if the coroner is unsatisfied of the matters in section 92(1). Notification after inquiry closed (3) A coroner who decides to close an inquiry under subsection (1) must notify the Secretary, in an approved form, of the decision. (4) An approved form must contain or have attached to it (as the case requires)— the coroner’s reasons for the decision to close the inquiry; and the cause of death to the extent that it is known. (5) The coroner may record the cause of death as presumed natural causes if the coroner is satisfied, based on the evidence gathered to date, that— the death appears to be from natural causes; and no further investigation is required to discharge the coroner’s role under this Act. (6) The coroner is not required to provide information about the circumstances of the death concerned if the coroner— takes into account the public interest in the circumstances of the death; and considers that there is no clear benefit to the public in providing the information. (7) An approved form must also be accompanied by a written statement as to the identity of the dead person concerned that— is signed by the person making it; and shows that the person’s signature has been witnessed either by a constable or by a person (not being a constable) whom the coroner authorised to witness that signature. (8) The coroner’s notification under this section prevails over a certificate of interim findings issued under section 93 in relation to the death concerned.

79 Admission and verification of evidence (1) A coroner may, for the purposes of an inquiry, admit any evidence the coroner thinks fit, whether or not it would be admissible in a court of law. (2) Despite (3) Evidence admitted under subsection (1), a coroner must not admit any evidence (1) for the purposes of an inquiry unless satisfied that its admission is necessary or desirable for the purposes stated in section 57 (purposes of inquiries). (3) Evidence given by a witness for hearing on the purposes of an inquiry must, papers need not be in writing or signed if it is admitted by the coroner and not given at an inquest held for the purposes considers it to be a reliable source of information on the inquiry, be put into writing, read over by or subject to the witness, and signed by the witness. Compare: 1988 No 111 s 26(5), (6), (9) which it relates.

79 Admission and verification of evidence (1) A coroner may, for the purposes of an inquiry, admit any evidence the coroner thinks fit, whether or not it would be admissible in a court of law. (2) Despite subsection (1), a coroner must not admit any evidence for the purposes of an inquiry unless satisfied that its admission is necessary or desirable for the purposes stated in section 57 (purposes of inquiries). (3) Evidence given by a witness for the purposes of an inquiry must, if it is admitted by the coroner and not given at an inquest held for the purposes of the inquiry, be put into writing, read over by or to the witness, and signed by the witness. Compare: 1988 No 111 s 26(5), (6), (9)

(1A) However, for the purposes of an inquiry that is a hearing on the papers, a coroner may only admit evidence that the coroner considers reliable.

79 Admission and verification of evidence (1) A coroner may, for the purposes of an inquiry, admit any evidence the coroner thinks fit, whether or not it would be admissible in a court of law. (2) Despite subsection (1), subsections (1) and (1A), a coroner must not admit any evidence for the purposes of an inquiry unless satisfied that its admission is necessary or desirable for the purposes stated in section 57 (purposes of inquiries). (3) Evidence given by a witness for the purposes of an inquiry must, if it is admitted by the coroner and not given at an inquest held for the purposes of the inquiry, be put into writing, read over by or to the witness, and signed by the witness. Compare: 1988 No 111 s 26(5), (6), (9)

79 Admission and verification of evidence (1) A coroner may, for the purposes of an inquiry, admit any evidence the coroner thinks fit, whether or not it would be admissible in a court of law. (2) Despite subsection (1), a coroner must not admit any evidence for the purposes of an inquiry unless satisfied that its admission is necessary or desirable for the purposes stated in section 57 (purposes of inquiries). (3) Evidence given by a witness for the purposes of an inquiry must, if it is admitted by the coroner and not given at an inquest held for the purposes of the inquiry, be put into writing, read over by or to the witness, and signed by the witness. Compare: 1988 No 111 s 26(5), (6), (9)

91 Evidence at distance for purposes of inquest (1) This subsection applies to a coroner who- (a) intends to hold, or is holding, an inquest; and (b) is satisfied that it is necessary or desirable to have any evidence taken at a place other than the place where the inquest is to be, or is being, held. (2) A coroner to whom subsection (1) applies may, by written notice signed by the coroner, authorise some other coroner or, if no other coroner is available, an associate coroner or a Justice to take the evidence. (3) A coroner, an associate coroner, or a Justice taking evidence under subsection (2) has the same powers in respect of taking it as the coroner holding the inquest concerned, and must give notice under section 81 (date, etc, and notice of inquest) of the taking of the evidence as if it were the inquest concerned. (4) The following sections apply to the taking of evidence under subsection (2) as if it were being taken at an inquest: (a) section 76 (people from whom evidence generally to be heard): (b) section 79(1) and (2) (admission and verification of evidence): (c) section 88 (evidence at inquest): (d) section 89 (others who may cross-examine at inquest): (e) section 90 (evidence by written statement confirmed by witness). (5) Evidence given by a witness under subsection (2) and admitted by a coroner, an associate coroner, or a Justice must be- (a) put into writing; and (b) read over to or by the witness; and (c) signed by the witness and the coroner, associate coroner, or Justice. (6) The coroner, associate coroner, or Justice must then send the evidence to the coroner holding the inquest concerned. (7) The coroner holding the inquest must receive the evidence and act upon it as if it had been given and admitted at the inquest concerned. Compare: 1988 No 111 s 27

94 Certificate of and written reasons for findings (1) The coroner conducting and completing an inquiry must— (a) consider all the evidence admitted for the purposes of the inquiry; and (b) as soon as is reasonably practicable, and in light of the purposes stated in section 57, complete and sign a certificate of findings in relation to the death concerned. (1A) Despite section 57(2)(e), the The coroner is not required to make findings in relation to about the circumstances of the death concerned if the coroner considers there is no public interest in doing so. coroner— (2) The certificate of findings must be in an approved form, which must require the coroner to state in writing takes into account the reasons for his or her findings. (3) The certificate of findings may differ from, and once issued supersedes, any certificate of interim findings issued by a coroner public interest in relation to the death concerned. (4) The coroner must send the completed and signed certificate of findings to the Secretary, together with— (a) all depositions of evidence admitted for the purposes of the inquiry; and (b) a certificate of the registration of the death (if applicable); and (c) any recommendations or comments made under section 57A. (d) (5) The coroner must provide a copy circumstances of the completed death; and signed certificate of findings, together with any recommendations or comments, to— (a) considers that there is no clear benefit to the chief coroner; and (b) all interested parties. Compare: 1988 No 111 s 31 public in making findings.

94A Chief coroner to monitor inquiries not completed within 1 year (1) If a coroner conducting an inquiry into a death has not, in respect of the death, completed and signed a certificate of findings under section 94 within 1 year of the date on which the death was reported to the coroner, the chief coroner- (a) must monitor the progress of the inquiry; and (b) may require the coroner conducting the inquiry to explain why he or she has not concluded the inquiry. (2) Subsection (1) does not apply if an inquiry is closed under section 65A. (2) Subsection (1) does not apply if an inquiry is closed under section 65A.

(3) However, this section does not apply to an inquiry closed under section 65A.

117 Coroners' powers and immunities generally (1) For the purpose of performing or exercising a function, power, or duty under this Act, a coroner has the same powers, privileges, authorities, and immunities as a District Court Judge exercising jurisdiction under the Criminal Procedure Act 2011. (2) Despite subsection (1), a coroner who is not a District Court Judge has, at all times, the same immunities as a Judge of the High Court. (3) In relation to an inquest held by a coroner for the purposes of an inquiry, the coroner has power to- (a) issue summonses for the attendance of witnesses: (b) issue warrants to enforce such summonses: (c) maintain order: (d) administer oaths or affirmations to witnesses: (e) punish for contempt: (f) adjourn proceedings from time to time and place to place. (4) Subsection (3) does not limit subsection (1). (5) The Criminal Procedure Act 2011, so far as it is applicable and with the necessary modifications, applies to the powers, privileges, authorities, and immunities conferred on coroners by this section. (5A) A coroner exercising the power under subsection (3)(e) has the same powers that a Judge has under subpart 2 of Part 2 of the Contempt of Court Act 2019, and subpart 2 and sections 25 and 26(1) and (2) of that Act apply with the necessary modifications. (6) Evidence given by a person (whether at an inquest or otherwise) on oath or affirmation administered by a coroner under this section or a Justice under section 91 must, for the purposes of section 108 of the Crimes Act 1961 (which relates to perjury), be treated as having been given as evidence in a judicial proceeding on oath. (7) Nothing in this section limits any power of a coroner under any other enactment or the application of the Inferior Courts Procedure Act 1909 (which makes further provision for the validity of the judicial proceedings of inferior courts notwithstanding technical or formal errors) in respect of the exercise by a coroner of any judicial authority conferred on the coroner by this Act. Compare: 1947 No 16 s 119; 1988 No 111 s 35

for the purpose of deciding whether to close an inquiry that has been opened.

(3A) However, the information need not comply with the requirements of subsection (3) if the coroner is satisfied it is not reasonably practicable to do so.

127 Limits on use of information, etc, given or produced in response to notice under section 120 or obtained through execution of warrant under section 122 (1) This section applies to any information, document, or other thing given or produced by a person in response to a notice under section 120, or obtained through the execution of a warrant issued under section 122 (the thing). (2) The thing may be used only for the purposes of the inquiry concerned, and may be used for those purposes only if that use is not prohibited by subsection (4). (3) In particular, the thing is not admissible as evidence against any person in any court or at any other inquiry or in any other proceedings except— (a) on a prosecution of the person for an offence against section 135 (false or misleading statements and documents) in relation to the document; or (b) on the trial of the person for perjury (within the meaning of the Crimes Act 1961) in relation to evidence given on oath or affirmation by the person. (4) However, the thing cannot be used for the purposes of the inquiry concerned if the person who gave or produced it, or from whom it was obtained, claims, within 5 working days after it was given, produced, or obtained, that any or all of the grounds in section 121(2) apply to it, and that person’s claim— (a) has not been considered and dismissed by— (i) the District Court Judge who issued the warrant, or by another District Court Judge who is not the coroner who issued, or proposed to issue, the relevant notice under section 120, if the thing was obtained through the execution of a warrant issued under section 122; or (ii) the coroner who issued the notice or by another coroner acting in his or her place, if the thing was given or produced in response to a notice under section 120; or (b) has been so considered and dismissed, but the dismissal is the subject of, or has been revoked on, an application for review (whether under section 126 or otherwise). (5) The thing must be returned to the person who gave or produced it, or from whom it was obtained, once it is no longer needed for the purposes of the inquiry concerned or for the purposes of a prosecution evidence); or trial referred to in subsection (3). Compare: 1975 No 9 s 19(6)

135 False or misleading statements and omissions in certain documents evidence (1) Every person commits an offence against this section, and is liable on conviction to a fine not exceeding $1,000, who, in any document to which subsection (2) applies, makes a statement or omits any matter knowing that, or being reckless as to whether, the statement or omission makes the document false or misleading in a material particular. (2) This subsection applies to the following documents: (a) a doctor's report required under section 40: (b) a witness's evidence put into writing, read over to or by the witness, and signed by the witness, in accordance with section 79(3): (c) reports commissioned under section 118: (d) documents prepared under section 120(1)(a). Compare: 1999 No 10 s 9

135 False or misleading statements and omissions in certain documents (1) Every A person commits an offence against this section, and is liable on conviction to a fine not exceeding $1,000, who, in any document to which subsection (2) applies, if the person— makes a statement or omits any matter in a document to which subsection (2) applies knowing that, or being reckless as to whether, the statement or omission makes the document false or misleading in a material particular. (2) This subsection applies to the following documents: particular; or (a) a doctor’s report required provides evidence under section 40: (b) 79(3) that is not a witness’s evidence put into writing, read over to or by written statement for the witness, and signed by purpose of an inquiry that is a hearing on the witness, papers, knowing that, or being reckless as to whether, the evidence is false or misleading in accordance with section 79(3): (c) reports commissioned under section 118: (d) documents prepared under section 120(1)(a). Compare: 1999 No 10 s 9 a material particular.

135 False or misleading statements and omissions in certain documents (1) Every person commits an offence against this section, and is liable on conviction to a fine not exceeding $1,000, who, in any document to which subsection (2) applies, makes a statement or omits any matter knowing that, or being reckless as to whether, the statement or omission makes the document false or misleading in a material particular. (2) This subsection applies to the following documents: (a) a doctor's or a nurse practitioner's report required under section 40: (b) a witness's evidence put into writing, read over to or by the witness, and signed by the witness, in accordance with section 79(3): (c) reports commissioned under section 118: (d) documents prepared under section 120(1)(a). Compare: 1999 No 10 s 9

135 False or misleading statements and omissions in certain documents (1) Every person commits an offence against this section, and is liable on conviction to a fine not exceeding $1,000, who, in any document to which subsection (2) applies, makes a statement or omits any matter knowing that, or being reckless as to whether, the statement or omission makes the document false or misleading in a material particular. (2) This subsection applies to the following documents: (a) a doctor’s report required witness’s written evidence admitted under section 40: 79(1) 79(1A): that has been— (b) a witness’s evidence put into writing, read over to or by the witness, and signed by the witness, in accordance with section 79(3): (c) reports commissioned under section 118: witness; or (d) documents prepared under section 120(1)(a). put into writing and read over to or by the witness; or Compare: 1999 No 10 s 9 put into writing:

135 False or misleading statements and omissions in certain documents (1) Every person commits an offence against this section, and is liable on conviction to a fine not exceeding $1,000, who, in any document to which subsection (2) applies, makes a statement or omits any matter knowing that, or being reckless as to whether, the statement or omission makes the document false or misleading in a material particular. (2) This subsection applies to the following documents: (a) a doctor's report required under section 40: (b) a witness's evidence put into writing, read over to or by the witness, and signed by the witness, in accordance with section 79(3): (c) reports commissioned under section 118: (d) documents prepared given under section 120(1)(a). Compare: 1999 No 10 s 9

(3) A person who commits an offence under subsection (1) is liable on conviction to a fine not exceeding $1,000.

137 Failure or refusal to give report required Every (1) A pathologist or doctor commits an offence against this section, and is liable on conviction to a fine not exceeding $1,000, who, $1,000 if the pathologist, without reasonable excuse, fails or refuses to give a report required under— (a) under section 31(6); or 31(6). (b) (2) A doctor or nurse practitioner commits an offence and is liable on conviction to a fine not exceeding $1,000 if the doctor or nurse practitioner, without reasonable excuse, fails or refuses to give a report required under section 40. Compare: 1988 No 111 s 43(1)

140 Regulations (1) The Governor-General may, by Order in Council, make regulations for either or both of the following purposes: (a) prescribing salaries, fees, allowances, and travelling allowances and expenses, for specialist advisers, witnesses, doctors, nurse practitioners, analysts, and pathologists, who perform any function under this Act or give evidence for the purposes of an inquiry conducted, or at an inquest held, under this Act: (b) providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect. (2) Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements). Compare: 1988 No 111 s 45 Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114, Sch 1 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115, 116 This note is not part of the Act.

3 Purpose of this Act (1) The purpose of this Act is to help to prevent deaths and to promote justice through- (a) investigations, and the identification of the causes and circumstances, of sudden or unexplained deaths, or deaths in special circumstances; and (b) the making of recommendations or comments that, if drawn to public attention, may reduce the chances of further deaths occurring in circumstances similar to those in which the deaths occurred. (2) To help to achieve its purpose, this Act- (a) identifies deaths that must be reported to a coroner and the process for reporting and investigating those deaths: (b) recognises both- (i) the cultural and spiritual needs of family of, and of others who were in a close relationship to, a person who has died; and (ii) the public good associated with a proper and timely understanding of the causes and circumstances of deaths: (c) provides for an independent coronial system for investigations of deaths by coroners liaising with other authorities permitted or required by law to investigate those deaths: (d) repeals and replaces the Coroners Act 1988. (2) These regulations apply to a written report by a nurse practitioner under section 40 of the Act if the request for that report is made by a coroner or associate coroner on or after the commencement of section 27 of the Regulatory Systems (Courts) Amendment Act 2024.

4 Coroner's role (1) A coroner's role in relation to a death is- (a) to receive a report of the death from the New Zealand Police; and (b) to decide whether to direct a post-mortem and, if one is directed, to determine whether to authorise certain people (other than the pathologist) to attend; and (c) to authorise the release of the body (including determining, if a post-mortem has been directed, whether the pathologist wishes and is permitted, on the release of the body, to retain body parts or bodily samples); and (d) to decide whether to open an inquiry (and, if one is to be conducted, whether an inquest should be held); and (e) if an inquiry is to be opened and conducted,- (i) to open and conduct it for the 3 purposes stated in subsection (2) (and in section 57), and not to determine civil, criminal, or disciplinary liability; and (ii) to determine related matters such as whether to prohibit the making public of evidence and whether to authorise the making public of certain particulars of deaths suspected or found to be self-inflicted deaths; and (iii) to complete and sign a certificate of findings in relation to the death (if the inquiry is completed and not earlier closed); and (f) to give members and representatives of the immediate family of the person who is, or of a person who is suspected to be, the dead person concerned, and certain others, notice of significant matters in the carrying out of the duties and processes required by law to be performed or followed in relation to the death. (2) The 3 purposes referred to in subsection (1)(e)(i) are- (a) to establish, so far as possible,- (i) that a person has died; and (ii) the person's identity; and (iii) when and where the person died; and (iv) the causes of the death; and (v) the circumstances of the death; and (b) to make recommendations or comments under section 57A that, in the coroner's opinion, may, if drawn to public attention, reduce the chances of the occurrence of other deaths in circumstances similar to those in which the death occurred; and (c) to determine whether the public interest would be served by the death being investigated by other investigating authorities in the performance or exercise of their functions, powers, or duties, and to refer the death to them if satisfied that the public interest would be served by their investigating it in the performance or exercise of their functions, powers, or duties. (3) This section is only a general guide to a coroner's role. eligible nurse practitioner means a nurse practitioner who is not- a salaried employee of Health New Zealand; or otherwise paid by a public service agency to write reports under section 40 of the Act as part of the nurse practitioner's regular duties

4A Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

1 Short Title and commencement (1) This Act may be cited as the Courts Security Act 1999. (2) This Act comes into force on the day after the date on which it receives the Royal assent.

1A Purpose The purpose of this Act is to provide for— the security of courts and tribunals; and the health, safety, and security and safety of the public and others who access and use courts and tribunals; and the promotion of the orderly operation of courts and tribunals.

2 Interpretation In this Act, unless the context otherwise requires,- appointed court security officer means a person appointed under section 5 chief executive means the chief executive of the department contracted court security officer means a person employed by a court security contractor to enable the contractor to perform the court security contract court has the meaning given to it by section 3 courtroom has the meaning given to it by section 3 court security contract, or contract, means a contract- (a) that is made between the chief executive and a court security contractor for the provision, by the contractor, of persons as court security officers; and (b) that complies with section 7 court security contractor, or contractor, means a person with whom the chief executive makes a court security contract court security officer, or officer, includes an appointed court security officer and a contracted court security officer department means the Ministry of Justice general language means language that a court security officer could reasonably understand to be a direction or a request to exercise a power or duty under this Act, even though the language does not refer, either at all or correctly, to any or all of- (a) the name of this Act; or (b) the number of a section of this Act; or (c) the words used in this Act to describe a power or duty of a court security officer Judge means- (a) a Judge, including an Associate Judge, or member of any court or tribunal specified in section 3: (b) a person who presides over, or is a member of, a body for the time being declared by regulations to be a court or tribunal for the purposes of this Act Minister means the Minister of the Crown who is for the time being responsible for the administration of this Act, under the authority of any warrant or with the authority of the Prime Minister Police officer means a constable presiding judicial officer means any of the following persons who is presiding over proceedings: (a) a Judge: (b) a Justice of the Peace: (c) a Community Magistrate: (d) a registrar or deputy registrar of a court: (e) a coroner: (f) the Principal Disputes Referee, or a referee, holding office under the Disputes Tribunal Act 1988: (g) the Principal Tenancy Adjudicator, or a tenancy adjudicator, holding office under the Residential Tenancies Act 1986: (h) a member of a body described in section 3(5)(l) scanner search means a search of a person or of property by means of equipment that does not require the touching of the person or the property specified offence- (a) means- (i) an offence under any of- (A) sections 87, 121, 167, 168, 171 to 177, 188 to 194, 196 to 199, 202A, 202C, and 306 of the Crimes Act 1961; and (B) sections 3, 9, 11, 11A, 11B, 13, and 13A of the Summary Offences Act 1981; and (C) sections 45 and 46 of the Arms Act 1983; and (D) sections 7 and 13 of the Misuse of Drugs Act 1975; and (ii) any other offence committed within a court that a court security officer believes on reasonable grounds- (A) threatens the safety or security of another person or that person's property; or (B) may cause serious damage to the court; and (b) includes an attempt to commit an offence specified in paragraph (a) tribunal means a body that- (a) exercises judicial or quasi-judicial functions; and (b) is, for the time being, designated by regulations as a tribunal for the purposes of this Act. head of bench means- the senior member of a court, tribunal, or constituted dispute-resolution body referred to in section 3(5); or the chief coroner; or a person authorised to act in place of that the person referred to in paragraph (a) or (aa)

presiding judicial officer means any of the following persons who is presiding over proceedings: (a) a Judge: (b) a Justice of the Peace: (c) a Community Magistrate: (d) a registrar or deputy registrar of a court: (e) a coroner: (f) the Principal Disputes Referee, or a referee, holding office under the Disputes Tribunal Act 1988: (g) the Principal Tenancy Adjudicator, or a tenancy adjudicator, holding office under the Residential Tenancies Act 1986: (h) a member of a body described in section 3(5)(l) a Family Court Associate:

presiding judicial officer means any of the following persons who is presiding over proceedings: (a) a Judge: (b) a Justice of the Peace: (c) a Community Magistrate: (d) a registrar or deputy registrar of a court: (e) a coroner or an associate coroner: (f) the Principal Disputes Referee, or a referee, holding office under the Disputes Tribunal Act 1988: (g) the Principal Tenancy Adjudicator, or a tenancy adjudicator, holding office under the Residential Tenancies Act 1986: (h) a member of a body described in section 3(5)(l)

specified offence- (a) means- (i) an offence under any of- (A) sections 87, 121, 167, 168, 171 to 177, 188 to 194, 196 to 199, 202A, 202C, and 306 of the Crimes Act 1961; and (B) sections 3, 9, 11, 11A, 11B, 13, and 13A of the Summary Offences Act 1981; and (C) sections 45 and 46 of the Arms Act 1983; and (D) sections 7 and 13 of the Misuse of Drugs Act 1975; and (ii) any other offence committed within a court that a court security officer believes on reasonable grounds- (A) threatens the safety health, safety, or security of another person or that person's property; or (B) may cause serious damage to the court; and (b) includes an attempt to commit an offence specified in paragraph (a)

3 Meaning of court and courtroom (1) Court means— (a) each area described in subsection (3); and (b) each area described in subsection (4). (2) In this Act, courtroom means the place in which proceedings before a body listed in subsection (5) are heard, subject to the following: (a) if the place is usually a place in which such proceedings are heard, it is a courtroom whether or not such proceedings are being heard: (b) if the place is not usually a place in which such proceedings are heard, it is a courtroom only on a day when such proceedings are scheduled to be heard, before the proceedings are heard, while they are being heard, and shortly after they finish being heard. (3) For the purposes of subsection (1)(a), the area is— (a) each courtroom of each of the bodies listed in subsection (5); and (b) if the courtroom is located in a building,— (i) that part of the building associated with the servicing of the courtroom, including, for example, a foyer or a waiting area; and (ia) every other part of the building (including any cells) that is being used for services relating to the court; and (ii) the grounds immediately adjacent to the building and either belonging to the building or servicing the building; and (iia) if the building is adjacent to a road, any footpath or other area between the building and the road; and (iii) any car parking area in the building or in the grounds. (4) For the purposes of subsection (1)(b), the area is— (a) each set of Judge’s chambers of each of the bodies listed in subsection (5)(aa) to (h); and (b) that part of the building in which each set of Judge’s chambers is located that is associated with the servicing of the Judge’s chambers, including, for example, a foyer or a waiting area; and (ba) any other part of the building (including any cells) that is used for services relating to judicial or quasi-judicial functions; and (c) the grounds immediately adjacent to the building and either belonging to the building or servicing the building; and (ca) if the building is adjacent to a road, any footpath or other area between the building and the road; and (d) any car parking area in the building coroner or in the grounds. (5) The bodies are— (aa) the Supreme Court: (a) the Court of Appeal: (b) the High Court: (c) the District Court: (d) the following divisions of the District Court: an associate coroner: (i) the Disputes Tenancy Tribunal: (ii) the Family Court: (iii) the Youth Court: (e) the Environment Court: (ea) the Employment Court: (f) the Maori Appellate Court: (g) the Maori Land Court: (h) the Court Martial Appeal Court: (i) the Waitangi Tribunal: (j) the Tenancy Tribunal: (k) a coroner: (l) every court, tribunal, and other constituted dispute-resolution body that conducts proceedings in a building that also accommodates a court or tribunal listed in this subsection or is designated by regulations as a court or tribunal to which this Act applies: (m) every place described in regulations made under section 36, and declared by the regulations to be a body to which this Act applies, for the period specified in the regulations.

11A Right of public to enter and remain in areas of court open to public (1) A person may enter and remain in an area of the a court that is open to the public if the person complies with— (a) with all directions given and requirements imposed, that apply to the person and that are imposed as specified in any of the following paragraphs: by the presiding judicial officer in a courtroom where proceedings are being heard, that apply to the person; and (b) all directions given or requirements imposed elsewhere in will be heard: by the court head of bench generally in relation to courtrooms: by or on behalf of the chief executive, or by a court security officer, that affect that person. (2) Directions given or requirements imposed may, without limitation, include directions or requirements allowing (with or without conditions), limiting, or prohibiting the use of cell phones, cameras, or recording equipment in a courtroom or elsewhere in the court. (3) Subsection (1) (1A) If there is subject to— (a) sections 12(2), 13(2), 14(1)(b), 15(4) and (5), 16(3), 17(4), 18(1)(b), 18A, 19, 19A, and 20(2) (which provide for the denial no senior member of entry to a person or their removal from a court, unless the person is allowed to enter or re-enter under section 22(1) tribunal, or 22(1A), and constituted dispute-resolution body, the detention members of a person who a court security officer has reasonable grounds to believe may have committed or attempted to commit a specified offence or in the circumstances set out in section 19A): (b) any direction given by a presiding judicial officer that a person must not enter or remain in a courtroom or any other specified part of the court: (c) any inherent or implied jurisdiction of a Judge or presiding judicial officer to regulate the procedure of a court court, tribunal, or tribunal over which that person presides: (d) any enactment regulating who constituted dispute-resolution body acting together may be present at proceedings. issue directions or requirements under subsection (1)(b).

(2A) A person giving a direction or imposing a requirement under subsection (1) must be satisfied that the direction or requirement is reasonably necessary— to protect the health, safety, or security and safety of persons in the courts; and in the interests of justice. (2B) A person who has not complied with a direction given or a requirement imposed under subsection (1)(a) or (b) may enter (or re-enter) and remain in an area of the court only if the presiding judicial officer considers it is in the interests of justice to permit or require the person to do so.

11A Right of public to enter and remain in areas of court open to public (1) A person may enter and remain in an area of the court that is open to the public if the person complies with- (a) all directions given and requirements imposed, by the presiding judicial officer in a courtroom where proceedings are being heard, that apply to the person; and (b) all directions given or requirements imposed elsewhere in the court by or on behalf of the chief executive, or by a court security officer, that affect that person. (2) Directions given or requirements imposed may, without limitation, include directions or requirements allowing (with or without conditions), limiting, or prohibiting the use of cell phones, cameras, or recording equipment in a courtroom or elsewhere in the court. (3) Subsection (1) is subject to- (a) sections 12(2), 13(2), 14(1)(b), 15(4) and (5), 16(3), 17(4), 18(1)(b), 18A, 19, 19A, and 20(2) (which provide for the denial of entry to a person or their removal from a court, unless the person is allowed to enter or re-enter under section 22(1) or 22(1A), and the detention of a person who a court security officer has reasonable grounds to believe may have committed or attempted to commit a specified offence or in the circumstances set out in section 19A): (b) any direction given by a presiding judicial officer that a person must not enter or remain in a courtroom or any other specified part of the court: (c) any inherent or implied jurisdiction powers of a Judge or presiding judicial officer to regulate the procedure of a court or tribunal over which that person presides: (d) any enactment regulating who may be present at proceedings.

12 Power to ask for identification and information (1) A court security officer may ask any person who wants to enter, or is in, a court to provide the officer with- (a) the person's name and address; and (b) evidence of the person's name and address; and (c) the person's reason for either wanting to enter the court or being in it, if the officer has reasonable grounds for asking for the information. (2) A court security officer may deny entry to, or remove, a person- (a) who does not comply with a request under subsection (1); or (b) who gives a reason under subsection (1)(c) that gives the officer reasonable grounds to believe that the person may threaten the security of the court. (3) Sections 24 to 29 set out limits on the powers in this section.

evidence of the person’s compliance with a direction given or requirement imposed under section 11A(1).

13 Power to ask to search (1) A court security officer may ask any person who wants to enter, or is in, a court to give his or her consent to 1 or more of the following kinds of searches: (a) a scanner search of the person’s person: (b) a search of the person’s person by an electronic screening device, other than a scanner, authorised by the chief executive: (c) a scanner search of any property in the person’s possession or control: (d) a search of any property in the person’s possession or control by an electronic screening device, other than a scanner, authorised by the chief executive: (e) an external examination of the person’s clothes going only as far as is necessary to detect items carried on the person and done by a court security officer of the same sex as the person, if the officer has reasonable grounds for asking for such a search: search and the search is carried out by— (f) a search court security officer of any property in the person’s possession or control, including a motor vehicle, by a means other than a scanner or another electronic device, if same sex as the officer has reasonable grounds for asking for such a search. person; or (2) A another court security officer may deny entry to, of the same sex as or remove, a person who does not consent different sex to a search the person, if reasonably requested by the court security officer. (3) Sections 24 to 29 set out limits on the powers in this section. person being searched.

has not complied, or will not comply, with a direction given or requirement imposed under section 11A(1).

(1A) A court security officer has reasonable grounds for the purposes of subsection (1)(d) if a person does not provide satisfactory evidence when required to provide it under section 12(1)(d). (1B) Subsection (1A) does not limit subsection (1).

19A Power to detain in other circumstances (1) This section applies if a court security officer has reasonable grounds to believe that a person- (a) has- (i) refused to leave court premises after having been required to do so, or has attempted to re-enter a court after being removed or denied entry; and (ii) been warned that the person may be detained if he or she persists with those actions; but (iii) persisted with those actions; or (b) has refused to obey a direction from a court security officer- (i) to do anything that is reasonably necessary to protect the safety health, safety, or security of persons being escorted into or out of a court for services related to the court; or (ii) to stop or avoid doing anything that adversely affects the safety health, safety, or security of persons referred to in subparagraph (i); or (iii) to do anything that is reasonably necessary to protect the safety health, safety, or security of any person involved in any activity outside a court and that is part of the proceedings (for example, a jury visiting a crime scene); or (iv) to stop or avoid doing anything that adversely affects the safety health, safety, or security of persons referred to in subparagraph (iii). (2) The court security officer may exercise the powers in section 20. (3) Sections 24 to 29 set out limits on the powers in this section.

20 Powers to seize items and detain persons (1) If section 15(5) or section 16 applies, the court security officer may seize the item. If the officer does so, he or she must immediately detain the person and may continue to detain the person for a period not exceeding 4 hours or any lesser period considered by the court security officer to be reasonable in the circumstances and, as soon as reasonably practicable, call the Police. (2) If section 19 or 19A applies, the court security officer may detain the person for a period not exceeding 4 hours or any lesser period that the court security officer considers to be reasonable in the circumstances. If the officer does so, he or she must, as soon as reasonably practicable, call the Police. (3) A court security officer may handcuff a detained person in the following circumstances: (a) the officer has reasonable grounds to believe that the person may abscond if not handcuffed; or (b) the officer has reasonable grounds to believe that the person may harm himself or herself or others if not handcuffed. (4) The officer may keep the handcuffs on until one of the following occurs: (a) the person is arrested, in which case the arresting Police officer must decide whether or not the handcuffs are to stay on; or (b) the person is not arrested, in which case a court security officer must remove the handcuffs. (5) With respect to a detained person, the court security officer must,- (a) if practicable, detain the person separately from other prisoners in a cell or other safe place until the arresting officer arrives or the court security officer is satisfied that the person is not going to be arrested; and (b) if- (i) a Police officer wants to arrest the person, deliver the person to the arresting Police officer; or (ii) if no Police officer wants to arrest the person, free the person. (5A) With respect to a detained person, the court security officer may direct the person to do or not to do a thing if the court security officer believes on reasonable grounds that the direction is necessary in the circumstances for the purpose of ensuring the health or safety of the person or the security officer or any other person. (6) With respect to a seized item, the court security officer must,- (a) if the person is arrested, hand the item over to the arresting Police officer: (b) if possession of the item is unlawful, hand it over to the Police officer: (c) if possession of the item is not unlawful but may constitute a threat to the security of the court, and the person is released from custody, require the person to comply with section 17: (d) in any other case, return the item to the person. (7) Sections 24 to 29 set out limits on the powers in this section.

20 Powers to seize items and detain persons (1) If section 15(5) or section 16 applies, the court security officer may seize the item. If the officer does so, he or she must immediately detain the person and may continue to detain the person for a period not exceeding 4 hours or any lesser period considered by the court security officer to be reasonable in the circumstances and, as soon as reasonably practicable, call the Police. (2) If section 19 or 19A applies, the court security officer may detain the person for a period not exceeding 4 hours or any lesser period that the court security officer considers to be reasonable in the circumstances. If the officer does so, he or she must, as soon as reasonably practicable, call the Police. (3) A court security officer may handcuff a detained person in the following circumstances: (a) the officer has reasonable grounds to believe that the person may abscond if not handcuffed; or (b) the officer has reasonable grounds to believe that the person may harm himself or herself or others if not handcuffed. (4) The officer may keep the handcuffs on until one of the following occurs: (a) the person is arrested, in which case the arresting Police officer must decide whether or not the handcuffs are to stay on; or (b) the person is not arrested, in which case a court security officer must remove the handcuffs. (5) With respect to a detained person, the court security officer must,- (a) if practicable, detain the person separately from other prisoners in a cell or other safe place until the arresting officer arrives or the court security officer is satisfied that the person is not going to be arrested; and (b) if- (i) a Police officer wants to arrest the person, deliver the person to the arresting Police officer; or (ii) if no Police officer wants to arrest the person, free the person. (5A) With respect to a detained person, the court security officer may direct the person to do or not to do a thing if the court security officer believes on reasonable grounds that the direction is necessary in the circumstances for the purpose of ensuring the safety health, safety, or security of the person or the security officer or any other person. (6) With respect to a seized item, the court security officer must,- (a) if the person is arrested, hand the item over to the arresting Police officer: (b) if possession of the item is unlawful, hand it over to the Police officer: (c) if possession of the item is not unlawful but may constitute a threat to the security of the court, and the person is released from custody, require the person to comply with section 17: (d) in any other case, return the item to the person. (7) Sections 24 to 29 set out limits on the powers in this section.

20 Powers to seize items and detain persons (1) If section 15(5) or section 16 applies, the court security officer may seize the item. If the officer does so, he or she must immediately detain the person and may continue to detain the person for a period not exceeding 4 hours or any lesser period considered by the court security officer to be reasonable in the circumstances and, as soon as reasonably practicable, call the Police. (2) If section 19 or 19A applies, the court security officer may detain the person for a period not exceeding 4 hours or any lesser period that the court security officer considers to be reasonable in the circumstances. If the officer does so, he or she must, as soon as reasonably practicable, call the Police. (3) A court security officer may handcuff a detained person in the following circumstances: (a) the officer has reasonable grounds to believe that the person may abscond if not handcuffed; or (b) the officer has reasonable grounds to believe that the person may harm himself or herself or others if not handcuffed. (4) The officer may keep the handcuffs on until one of the following occurs: (a) the person is arrested, in which case the arresting Police officer must decide whether or not the handcuffs are to stay on; or (b) the person is not arrested, in which case a court security officer must remove the handcuffs. (5) With respect to a detained person, the court security officer must,- (a) if practicable, detain the person separately from other prisoners in a cell or other safe place until the arresting officer arrives or the court security officer is satisfied that the person is not going to be arrested; and (b) if- (i) a Police officer wants to arrest the person, deliver the person to the arresting Police officer; or (ii) if no Police officer wants to arrest the person, free the person. (5A) With respect to a detained person, the court security officer may direct the person to do or not to do a thing if the court security officer believes on reasonable grounds that the direction is necessary in the circumstances for the purpose of ensuring the safety of the person or the security officer or any other person. (6) With respect to a seized item, the court security officer must,- (a) if the person is arrested, hand the item over to the arresting Police officer: (b) if possession of the item is unlawful, hand it over to the Police officer: (c) if possession of the item is not unlawful but may constitute a threat to the security of the court, and the person is released from custody, require the person to comply with section 17: (d) in any other case, return the item to the person. (7) Sections 24 to 29 set out limits on the powers in this section.

22 Consequences of denial of entry to, or removal from, court (1) A person denied entry to, or removed from, a court under any of sections 12(2), 13(2), 14(1)(b), 15(4), 17(4), or 18(1)(b) is entitled to enter the court if— person— (a) he or she later complies with the relevant request; and (b) he or she complies with any further requests under any of sections 12(1), 13(1), 15(1), and 17(2). (1A) A person denied entry to 17(2); or removed from a court under section 18A is entitled to enter (or re-enter) the court if a court security officer (being an officer who is aware of the reasons why the person was denied entry to, or removed from, the court) is satisfied that the person will not behave in the way described in section 18A(1)(a) to (c) if allowed permitted or required to enter (or re-enter) the court. (2) The fact that a person was denied entry to, or was removed from, a court under any of sections 12(2), 13(2), 14(1)(b), 15(4), 17(4), 18(1)(b), and 18A does not, by itself, give the person a reasonable excuse for not doing anything that the person— (a) was required to enter the court to do; or (b) wanted to enter the court to do; or (c) was at the court to do. presiding judicial officer under section 11A(2B).

24 Powers not generally applicable to presiding judicial officers and other exempted specified categories of persons (1) This section applies to the following categories of persons: (a) Judges: (b) Justices of the Peace whose names are on the list kept under section 6(1) of the Justices of the Peace Act 1957: (c) Community Magistrates: (d) registrars or deputy registrars of courts: (e) coroners: (f) persons holding office as referees under the Disputes Tribunal Act 1988: (g) persons holding office as tenancy adjudicators under the Residential Tenancies Act 1986: (ga) persons holding office as a member of a court, a tribunal, or any other body referred to in section 3(5)(l): (h) individual persons, or classes of persons, while exempted from the application of sections 12 to 23 by the chief executive. (2) A court security officer may not exercise any of the powers or duties in sections 12 to 23 in relation to a person who the court security officer is satisfied is in at least 1 of the categories in subsection (1). (3) If a court security officer exercises the power in section 12(1)(a), and the person satisfies the officer that the person is in at least 1 of the categories in subsection (1), the officer may not exercise either of the powers in section 12(1)(b) or (c).

Family Court Associates:

24 Powers not generally applicable to presiding judicial officers and other exempted persons (1) This section applies to the following categories of persons: (a) Judges: (b) Justices of the Peace whose names are on the list kept under section 6(1) of the Justices of the Peace Act 1957: (c) Community Magistrates: (d) registrars or deputy registrars of courts: (e) coroners and associate coroners: (f) persons holding office as referees under the Disputes Tribunal Act 1988: (g) persons holding office as tenancy adjudicators under the Residential Tenancies Act 1986: (ga) persons holding office as a member of a court, a tribunal, or any other body referred to in section 3(5)(l): (h) individual persons, or classes of persons, while exempted from the application of sections 12 to 23 by the chief executive. (2) A court security officer may not exercise any of the powers or duties in sections 12 to 23 in relation to a person who the court security officer is satisfied is in at least 1 of the categories in subsection (1). (3) If a court security officer exercises the power in section 12(1)(a), and the person satisfies the officer that the person is in at least 1 of the categories in subsection (1), the officer may not exercise either of the powers in section 12(1)(b) or (c).

25 Powers not generally applicable to persons in custody of certain agencies (1) This section applies to the following categories of persons: (a) persons in the custody of the Police: (b) persons in the custody of security officers or officers under the Corrections Act 2004: (c) persons who— (i) have been placed in a residence established under section 364 of the Oranga Tamariki Act 1989; and (ii) have travelled from the residence to a court in the custody of one of the following custodians: (A) a member of staff of the residence; or (B) a social worker; or (C) a person authorised by a social worker for the purpose; and (iii) are in the custody of such a custodian while in the court. In this paragraph, member of staff and social worker have the meanings given to those terms by regulation 2 of the Children, Young Persons, and Their Families (Residential Care) Regulations 1996. (2) A court security officer may not exercise or carry out any of the powers or duties in sections 12 to 23 in relation to a person who a court security officer is satisfied is in one of the categories in subsection (1), unless— only if one of the following paragraphs applies to the person: (a) the person is about to appear before the court or is in the courtroom; and court— (b) the security officer is authorised to exercise the power or carry out the duty under the terms of a general or specific instruction issued by a Judge or other presiding judicial officer under section 26(2)(a) or (b) (b); or the officer is exercising a power under section 29(2). 29(2): (3) This the person is in a courtroom— the circumstances in section 28(2)(a) or (b) apply; or the officer is subject to exercising a power under section 26. 29(2).

2 Interpretation (1) In this Act, unless the context otherwise requires,- chief executive means the chief executive of the Ministry of Justice co-extensive jury districts means 2 jury districts that comprise the same area and that are- (a) a High Court Jury District constituted under section 5(1): (b) a District Court Jury District constituted under section 5(2) disability includes visual or aural impairment Electoral Commission means the Electoral Commission established by section 4B of the Electoral Act 1993 intellectual disability has the same meaning as in the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 jury district means a district constituted under section 5 jury list information, in relation to a person named on a jury list, means the information about the person that is included on the list in accordance with the jury rules jury rules means the rules made under section 35 litigant in person means, in relation to proceedings that are due to be heard during the week for which the jurors on a panel are summoned to attend for jury service, a person who- (a) is a party to the proceedings; but (b) for the proceedings is not represented by a barrister or solicitor, or is represented only by a barrister or solicitor appointed under, and performing only the function stated in, section 14AC mental disorder, in relation to any person, means an abnormal state of mind (whether of a continuous or an intermittent nature) that is- (a) characterised by delusions, or disorders of mood or perception or volition or cognition; and (b) not induced by substance abuse; and (c) not simply due to the fact that the person has an intellectual disability panel means a panel of jurors compiled under section 13 panel information, in relation to a person named on a jury list and on a panel, means the jury list information about the person that must be included on the panel in accordance with the jury rules party includes, in criminal cases, the Crown or other prosecutor prison has the same meaning as in section 3(1) of the Corrections Act 2004 protected particulars, in relation to a person named on a jury list and on a panel, means the jury list information about the person that is not panel information about the person public prosecution means criminal proceedings against a defendant for an offence and commenced by or on behalf of- (a) the Crown (including, without limitation, by a person who is, and is acting in his or her capacity as, a Crown solicitor, an employee or officer of a government department, or a Police employee); or (b) a Crown entity within the meaning of section 7 of the Crown Entities Act 2004; or (c) a statutory public body or board (including, without limitation, a local authority) Registrar means a Registrar of the High Court; and includes a Deputy Registrar of that court; and, in relation to a jury district constituted under section 5(2), means the Registrar and a Deputy Registrar of the office of the District Court in that district traffic officer means an enforcement officer under the Land Transport Act 1998 trial includes, in civil cases, an inquiry or assessment of damages view means a visual inspection by jurors of any place or premises, a view of which is considered by the court to be proper or necessary for the better understanding of the evidence that may be given at the trial before the jurors, or material to the proper determination of the question in dispute. (2) For the purpose of issuing a summons under section 13 or for any applications made under any or all of sections 14A, 14AB, 14B, 14C, 15, 15A, and 29A, any requirement that the applications be made by writing or in the form of a document is satisfied by an electronic communication that, subject to any rules made under section 35, is in a form acceptable to the Registrar. Compare: 1908 No 90 s 2; 1951 No 39 s 2(2); 1961 No 43 s 411(1); 1962 No 35 s 2(2) head of bench means,- in relation to the High Court, the Chief High Court Judge: in relation to the District Court, the Chief District Court Judge

4 Application Except as expressly provided in this Act, the provisions of this Act apply to all juries, whether for civil or criminal cases, and whether in the High Court or the District Court. (2) Nothing in this Act limits or affects the inherent and implied powers of a head of bench or a presiding Judge to regulate the procedure of a court.

13 Summoning of jurors (1) Where jury trials are to be held in any court, the Registrar must compile a panel 1 or more panels from the jury list, using the method determined in accordance with the jury rules, containing a sufficient number of jurors, and must summon those jurors to attend the court for the purposes of the trials. (1A) The Registrar must ensure that the only jury list information about a person that is included on the panel is the panel information about the person. (2) The Registrar shall, before issuing any such summons, take all reasonable steps to ensure that the name of any person referred to in section 7 or section 8 is struck off the panel. (3) Every person who is summoned for jury service shall be liable to serve until the end of the week for which that person was summoned. (3A) Subsection (3) does not apply to a person who is summoned for jury service if- (a) the Registrar has, following an application under section 14B, permitted the person to defer that person's jury service and- (i) the person is summoned under a replacement summons (in which case the person is liable to serve until the end of the week for which the person is summoned under the replacement summons); or (ii) the Registrar has served on the person a written notice under section 14C(1)(d) (in which case the person is no longer liable to serve as a juror as a result of the summons in respect of which the application under section 14B was made); or (b) the Registrar has, under section 15, excused the person from jury service on a particular occasion; or (ba) the Registrar has, under section 15A, excused the person from jury service permanently (unless the person's permanent excusal is cancelled under section 15A(3) before the person is summoned for jury service); or (c) a Judge has, under section 16, excused the person from jury service on a particular occasion; or (d) a Judge has, under section 16AA, discharged the summons of the person. (4) Despite subsections (3) and (3A), every juror who is sworn to try a case that continues beyond the end of the week for which the juror was summoned shall be bound to continue to serve until the determination of the case or until lawfully discharged by the court. Compare: 1908 No 90 ss 63-69, 95, 96, 100, 112-114; 1925 No 19 s 3; 1951 No 39 s 4(3); 1960 No 115 s 3(1); 1963 No 141 s 6(1); 1976 No 48 ss 5, 6; 1977 No 32 s 9(3)(a)

(1AA) A summons issued under subsection (1) may require a panel to attend a court or an alternative location for the purposes of a preliminary selection process. (1AB) For the purposes of subsection (1), the Registrar may do 1 or more of the following: compile multiple panels: require different panels to attend court, or an alternative location, on different days or at different times on the same day for the purpose of a preliminary selection process: make up for a shortfall of jurors on 1 panel from another panel.

(2A) A person may only be summoned to attend for jury service on a working day.

13 Summoning of jurors (1) Where jury trials are to be held in any court, the Registrar must compile a panel from the jury list, using the method determined in accordance with the jury rules, containing a sufficient number of jurors, and must summon those jurors to attend the court for the purposes of the trials. (1A) The Registrar must ensure that the only jury list information about a person that is included on the panel is the panel information about the person. (2) The Registrar shall, before issuing any such summons, take all reasonable steps to ensure that the name of any person referred to in section 7 or section 8 is struck off the panel. (3) Every A person who is summoned for jury service shall be is liable to serve until the end of the week for which that person was summoned. (3A) Subsection (3) does not apply to a person who is summoned for jury service if— (a) the Registrar has, following an application under section 14B, permitted the person to defer that person’s jury service and— (i) the person is was summoned under (for example, if a replacement summons (in which case the person is liable to serve until the end of the week for which the person is summoned under the replacement summons); or (ii) the Registrar has served on the person a written notice under section 14C(1)(d) (in which case Tuesday, the person is no longer liable to serve as a juror as a result of the summons in respect of which the application under section 14B was made); or (b) the Registrar has, under section 15, excused the person from jury service on a particular occasion; or (ba) the Registrar has, under section 15A, excused the person from jury service permanently (unless the person’s permanent excusal is cancelled under section 15A(3) before the person is summoned for jury service); or (c) a Judge has, under section 16, excused the person from jury service on a particular occasion; or (d) a Judge has, under section 16AA, discharged the summons of the person. (4) Despite subsections (3) and (3A), every juror who is sworn to try a case that continues beyond the end of the week for which the juror was summoned shall be bound to continue to serve until the determination end of the case or until lawfully discharged by the court. Compare: 1908 No 90 ss 63–69, 95, 96, 100, 112–114; 1925 No 19 s 3; 1951 No 39 s 4(3); 1960 No 115 s 3(1); 1963 No 141 s 6(1); 1976 No 48 ss 5, 6; 1977 No 32 s 9(3)(a) Friday).

13 Summoning of jurors (1) Where jury trials are to be held in any court, the Registrar must compile a panel from the jury list, using the method determined in accordance with the jury rules, containing a sufficient number of jurors, and must summon those jurors to attend the court for the purposes of the trials. (1A) The Registrar must ensure that the only jury list information about a person that is included on the panel is the panel information about the person. (2) The Registrar shall, before issuing any such summons, take all reasonable steps to ensure that the name of any person referred to in section 7 or section 8 is struck off the panel. (3) Every person who is summoned for jury service shall be liable to serve until the end of the week for which that person was summoned. (3A) Subsection (3) does not apply to a person who is summoned for jury service if— (a) the Registrar has, following an application under section 14B, permitted the person to defer that person’s jury service and— (i) the person is summoned under a replacement summons (in which case the person is liable to serve until the end of the week for which the person is summoned under the replacement summons); or (ii) the Registrar has served on the person a written notice under section 14C(1)(d) (in which case the person is no longer liable to serve as a juror as a result of the summons in respect of which the application under section 14B was made); or (b) the Registrar has, under section 15, excused the person from jury service on a particular occasion; or (ba) the Registrar has, under section 15A, excused the person from jury service permanently (unless the person’s permanent excusal is cancelled under section 15A(3) before the person is summoned for jury service); or (c) a Judge has, under section 16, excused the person from jury service on a particular occasion; or (d) a Judge has, under section 16AA, discharged the summons of the person. (4) Despite subsections (3) and (3A), every a juror who is sworn to try a case 1 or more cases that continues continue beyond the end of the week for which the juror was summoned shall be bound to must continue to serve until the determination of the case or cases or until lawfully discharged by the court. Compare: 1908 No 90 ss 63–69, 95, 96, 100, 112–114; 1925 No 19 s 3; 1951 No 39 s 4(3); 1960 No 115 s 3(1); 1963 No 141 s 6(1); 1976 No 48 ss 5, 6; 1977 No 32 s 9(3)(a)

13A Form and content of summons (1) A summons issued under section 13(1) (including a replacement summons referred to in section 14C(1)(c)) must be issued in a form that,— in the case of forms to be used for trials in the High Court, the chief executive and the Chief High Court Judge approve; and in the case of forms to be used for trials in the District Court, the chief executive and the Chief District Court Judge approve. (2) Different forms may be approved for use in different courts. (3) A summons and replacement summons must include— the full name and address of the person being summoned; and the name and address of the court that the person must attend to try 1 or more cases; and the day and date on which, and time at which the person must attend the court; and a statement that the person must attend court for the rest of the week in which the person is summoned to attend and that, if sworn to try 1 or more cases that continue beyond the end of that week, the person must continue to serve until the cases are determined or the person is discharged by the court; and the consequences of failing to attend as required, or of refusing or neglecting to serve; and a statement that the person may,— in the case of a summons, apply to have it cancelled, or be permitted to defer or be excused from jury service; or in the case of a replacement summons, apply to have the summons cancelled or be excused from jury service; and the date of issue of the summons; and the name and title of the person issuing the summons. Additional requirements for replacement summons (4) A replacement summons must also include— the date on which the person was originally summoned to attend for jury service; and the date on which the person’s attendance for jury service was deferred; and the start and end dates of the period for which the person’s jury service was deferred under section 14B(1).

18 Selection of jurors Where any case is to be tried by a jury, the persons who are to comprise the jury must be selected in the precincts of the court using the method determined in accordance with the jury rules.

18 Selection of jurors Where any case is to be tried by a jury, the persons who are to comprise the jury must be selected in the precincts of the court using the method determined in accordance with the jury rules. (2) The jury may be selected- at a court or an alternative location; or by electronic means.

35 Jury rules (1) Subject to subsection (2), the Governor-General may from time to time, by Order in Council, make rules for all or any of the following purposes: (a) in relation to jury lists, prescribing— (i) what information about each person named on a list must be included on the list: (ii) the form or forms in which lists must be provided: (iii) the powers and duties of the Electoral Commission, the chief executive, registrars, and other persons: (iv) that, where more than 1 form is prescribed under subparagraph (ii), the chief executive may from time to time determine in which 1 or more of those forms the list relating to each jury district must be provided: (b) in relation to jury panels, prescribing— (i) the method, methods, or the specifications of the method, by which panels must be compiled from jury lists: (ii) the powers and duties of registrars and other persons: (iii) what jury list information about each person named on a jury list and on a panel must be included on the panel: (c) in relation to the summoning of jurors, prescribing— (i) the form or forms to be used to summons jurors: (ii) the method or methods of service of summonses: (iii) the minimum period of notice that must be given in a summons: (d) prescribing the method or methods by which any or all of the following applications can be made: (i) an application under section 14B for deferral of jury service: (ii) an application under section 15, 15A, or 16 to be excused from jury service: (iii) an application under section 15A(3) for cancellation of an excusal under section 15A(2): (da) prescribing the method or methods of service for a written notice under section 14C(1)(d): (e) requiring a record to be kept of all jurors who are summoned to attend the court; and prescribing the form and manner in which that record is to be compiled: (f) prescribing the method, methods, or the specifications of the method, for selecting a jury: (fa) prescribing the manner in which challenges are to be made and dealt with: (g) requiring the names of members of a jury to be kept apart from the others on the panel until the jury’s verdict has been given and recorded, or the jury has been discharged: (h) prescribing the form and manner in which applications for a view are to be made and prescribing the manner in which the expenses of a view are to be calculated and charged to the applicant in civil cases: (i) providing for the accommodation, feeding, and refreshment of jurors: (j) prescribing the fees to be paid by any party in a civil case who requires a jury: (k) providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration of it. (1A) Where rules made under paragraphs (b), (c), or (f) of subsection (1) prescribe more than 1 form or method, the rules must also require the chief executive to determine from time to time which one of those forms or methods is to be used by each particular court. (1B) For the purposes of subsection (1A), the term method includes the specifications of a method. (2) No rules may be made under this section otherwise than on the advice of the Minister of the Crown who is responsible for the Ministry of Justice tendered after consultation with— (a) the Chief Justice or another Judge of the High Court nominated for the purpose by the Chief Justice; and (b) the Chief District Court Judge or another District Court Judge nominated for the purpose by the Chief District Court Judge; and (c) the President of the New Zealand Law Society or a member of that society nominated for the purpose by the President. (3) Rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements). Compare: 1908 No 90 s 184; 1963 No 141 s 9 Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114, Sch 1 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115, 116 This note is not part of the Act.

by electronic communication to the juror’s electronic address.

(1A) However, this rule does not apply to a juror selected after preliminary balloting by electronic means in accordance with rule 15A.

15A Preliminary balloting of jurors: electronic selection (1) If preliminary balloting of jurors is conducted by electronic means, the Registrar must arrange for the electronic selection of a sufficient number of names from the final panel to ensure enough jurors for the period in respect of which the panel is to be used. (2) The selection must be made using a computer program that ensures random selection. (3) The Registrar must ensure that jury cards with the names of the jurors selected are prepared and are placed in the courtroom ballot box.

3 Act binds Crown This Act binds the Crown.

8 Certain persons not to serve The following persons shall not serve on any jury in any court on any occasion: (aa) the Governor-General: (a) members of the Executive Council of New Zealand: (b) members of the House of Representatives: (c) Judges of the High Court, Associate Judges of the High Court, Judges of the Employment Court, Judges and Commissioners of the Maori Land Court, District Court Judges, and Community Magistrates: (d) visiting Justices under the Corrections Act 2004, and members of the Parole Board: (e) Justices who have agreed to make themselves available from time to time to exercise the summary jurisdiction of the District Court: (f) lawyers within the meaning of the Lawyers and Conveyancers Act 2006: (g) employees of the Police, and traffic officers: (h) an employee of the public service who is employed— (i) in the Ministry of Justice; or (ii) in the Department of Corrections; or (iii) (iv) as an officer of the High Court or of the District Court; or (haa) (ha) a party to a prison management contract entered into under section 198(1) of the Corrections Act 2004 or to a security contract entered into under section 166 of the Corrections Act 2004; or (hb) a security officer within the meaning of section 3(1) of the Corrections Act 2004: (hc) a person who, under section 15A, is excused by the Registrar from attending as a juror in any court on any occasion (unless the person’s permanent excusal is cancelled under section 15A(3)): (i) (j) (k) persons with an intellectual disability. Compare: 1908 No 90 s 6(1), (2); 1951 No 39 s 2(1); 1958 No 109 s 66(4); 1963 No 141 s 4(1)–(8); 1964 No 135 s 2(2)(c), (d); 1968 No 87 s 2(1); 1973 No 19 s 234(2)(d); 1974 No 133 s 50(2); 1976 No 48 s 2(1)–(3)

27 Bail on adjournment (1) In any case referred (2) A Registrar may exercise the power to in grant bail to a defendant under section 168(1) 168 of the Criminal Procedure Act 2011 (which relates to dealing with a defendant on adjournment), a judicial officer may grant the defendant bail under this section. (2) A Registrar may 2011. exercise the power conferred by subsection (1) to grant bail if if— the defendant has not been charged with a family violence offence; and the prosecutor agrees. (3) This section does not affect the powers of a Registrar under sections 167 and 168 of the Criminal Procedure Act 2011 to adjourn a proceeding and continue bail that a judicial officer has previously granted to a defendant until the next court date.

30AAA Conditions of bail granted to defendant charged with family violence offence A judicial officer or Registrar who grants bail to a defendant charged with a family violence offence may impose as a condition of the bail (in addition to the condition or conditions imposed under section 30) any condition that the judicial officer or Registrar considers reasonably necessary to protect- (a) the victim of the alleged offence; and (b) any particular person residing, or in a family relationship, with the victim.

33 Variation of conditions of bail (1) The court for the time being having jurisdiction in the proceeding for an offence with which a defendant has been charged may,— (a) on the application of the defendant or the prosecutor, make an order varying or revoking any condition of bail or substituting or imposing any other condition of bail; and (b) on the application of an EM assessor, make an order varying the EM address. (2) However, in the case of the variation of an EM condition, the only orders the court may make under subsection (1)(a) in relation to that EM condition are— (a) an order authorising absence from the EM address: (b) an order varying or revoking any existing authorisation of absence from the EM address: (c) an order varying the EM address. (3) If the court makes an order under subsection (1) in relation to an EM condition, sections 30A to 30S apply to the extent necessary and with the necessary modifications. (4) No application may be made under subsection (1) or (6) in respect of a bail bond that has been entered in any case where sureties are required, unless the sureties to the bail bond have consented to the making of the application. (5) A Registrar may exercise the power conferred by subsection (1) to make an order if— (a) the court for the time being having jurisdiction in the proceeding for an offence is the District Court; not a family violence offence; and (b) the prosecutor agrees. (6) If a court or Registrar has, in granting bail to any defendant, imposed the condition that the defendant report to the Police at such time or times and at such place or places as the court or Registrar orders, a Registrar may, on the application of the defendant, make an order varying the time or times or the place or places at which the defendant is required to so report.

13 Full disclosure (1) The prosecutor must disclose to the defendant the information described in subsection (2) as soon as is reasonably practicable after a defendant has pleaded not guilty. (2) The information referred to in subsection (1) is- (a) any relevant information, including, without limitation, the information (standard information) described in subsection (3); and (b) a list of any relevant information that the prosecutor refuses under section 15, 16, 17, or 18 to disclose to the defendant together with- (i) the reason for the refusal; and (ii) if the defendant so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 16, 17, or 18 and (in the case of the interests protected by section 18) there is no overriding public interest. (3) The standard information referred to in subsection (2)(a) is- (a) a copy of any statement made by a prosecution witness; and (b) a copy of any brief of evidence that has been prepared in relation to a prosecution witness; and (c) the name and, if disclosure is authorised under section 17, the residential address of any person interviewed by the prosecutor who gave relevant information and whom the prosecutor does not intend to call as a witness; and- (i) any written account of the interview, whether signed or unsigned, and any other record of the interview; and (ii) any statement made to the prosecutor by the person; and (d) any convictions of a prosecution witness that are known to the prosecutor and that may affect the credibility of that witness; and (e) a list of all exhibits that the prosecutor proposes to have introduced as evidence as part of the case for the prosecution; and (f) a list of all relevant exhibits in the possession of the prosecutor that the prosecutor does not propose to have introduced as evidence; and (g) a copy of any information supplied to the prosecutor in connection with the case by any person or persons whom the prosecutor proposes to call to give evidence as an expert witness or witnesses; and (h) a copy of any relevant information supplied to the prosecutor by a person or persons whom the prosecutor considered calling to give evidence as an expert witness or witnesses, but elected not to do so. (4) The obligation to disclose information to the defendant under this section as soon as is reasonably practicable is subject to any order made under section 30 or 32. (5) If information referred to in subsection (2) comes into the possession or control of the prosecutor, or is prepared in recorded form, after the prosecutor has disclosed information in accordance with subsection (1) and before the hearing or trial is completed, the prosecutor must disclose the information to the defendant as soon as is reasonably practicable. (6) The entitlement of a defendant to information under this section continues while the criminal proceedings are in progress (including any appeal against conviction) and during the period from the conviction until the expiry of the time for lodging an appeal against conviction. (7) To avoid doubt, a reference in subsection (1) to pleading not guilty includes- (a) (b) requesting a hearing in accordance with section 21(6) of the Summary Proceedings Act 1957 (unless the request is accompanied by an admission of liability); or (c) denying the charge during any appearance before the Youth Court under Part 4 of the Oranga Tamariki Act 1989.

14A Information relating to identification witnesses to be supplied to defendant (1) In this section, identification witness, in relation to the trial of a person accused of any offence, means a person who claims to have seen the offender in the circumstances of the offence. (2) Subject to subsection (3), at any time after a person has been charged with an offence, the prosecutor must, on request by or on behalf of that person, supply to that person- (a) the name and, if disclosure is authorised under section 17, the residential address of each identification witness known to the prosecutor, whether or not the prosecutor intends to call that witness to give evidence at the trial; and (b) a statement of any description of the offender given by each such witness to the Police or the prosecutor; and (c) a copy of any identikit picture or other drawing made by any such witness or from information supplied by that witness. (3) A Judge may, on the application of the prosecutor, make an order excusing the prosecutor from disclosing to the defendant any information referred to in subsection (2)(a), if the Judge is satisfied that the order is necessary to protect the identification witness or any other person. Compare: 1961 No 43 s 344C

17 Restriction on disclosing address of witness or informant (1) This section applies to the following: information that identifies, or that may lead to the identification of, the address of the place where a witness or an informant lives (for example, his or her lives, including, but not limited to, the postal address, residential address, email address, fax number, or phone number). number of the witness or informant: (2) The information that identifies, or that may be disclosed lead to the defendant only with identification of, the leave address of the court. (3) The court— (a) must place where a witness or an informant works, including, but not grant leave unless it is satisfied that the disclosure of the information is necessary in limited to, the interests postal, physical, or email address of justice and outweighs any prejudice to the witness’s workplace or informant’s interests, the work email address or any harm to phone number of the witness or informant, that is likely to be caused by the disclosure informant. Disclosure of the information; and residential address (b) may, if it grants leave, impose conditions (2) The information in relation subsection (1)(a) may be disclosed to the disclosure of the information. defendant only if— (4) This section applies to an informant regardless of whether the prosecutor intends court gives leave to call the informant as a witness. disclose it ; or (5) Nothing it is information in subsection (2) applies if the charge and it is necessary to disclose it to fully and fairly inform the defendant of the charge. Disclosure of workplace address (2A) The information in subsection (1)(b) may be disclosed to the charge in order defendant only if— the court gives leave to ensure disclose it; or it is information that relates to the defendant charge or the case against the defendant, and it is necessary to disclose it to fully and fairly informed inform the defendant of the charge. charge or the case against the defendant.

17 Restriction on disclosing address of witness or informant (1) This section applies to information that identifies, or that may lead to the identification of, the address of the place where a witness or informant lives (for example, his or her postal address, residential address, email address, fax number, or phone number). (2) The information may be disclosed to the defendant only with the leave of the court. (3) The court— (a) must not grant leave unless it is satisfied that the disclosure of the information is necessary in the interests of justice and outweighs any prejudice to the witness’s or informant’s interests, or any harm to the witness or informant, that is likely to be caused by the disclosure of the information; and (b) may, if it grants leave, impose conditions in relation to the disclosure of the information. (4) This section applies to an informant regardless of whether the prosecutor intends to call the informant as a witness. (5) Nothing in subsection (2) applies if it is necessary to disclose the information in the charge in order to ensure that the defendant is fully and fairly informed of the charge.

5 Interpretation In this Act, unless the context otherwise requires,- before the trial means- (a) in the case of a Judge-alone trial, before the proceedings under section 105 begin; and (b) in the case of a jury trial, before the defendant is given in charge to the jury category 1 offence, category 2 offence, category 3 offence, and category 4 offence have the meanings given to them in section 6 constable has the meaning given to it in section 4 of the Policing Act 2008 court means a court presided over by a judicial officer with authority to exercise the court's jurisdiction in relation to the matter Crown organisation has the same meaning as in section 4 of the Crown Organisations (Criminal Liability) Act 2002 Crown prosecution means a prosecution of a kind specified in regulations made under section 387 other than a private prosecution Crown prosecutor means- (a) a Crown solicitor or a lawyer representing a Crown solicitor; or (b) any other lawyer employed or instructed by the Solicitor-General to conduct a Crown prosecution Crown solicitor means a lawyer holding a warrant of appointment as a Crown solicitor from the Governor-General defendant means any person charged with an offence; and includes- (a) a person against whom proceedings have been commenced by filing a charging document in relation to an offence in any category; and (b) a Crown organisation, if proceedings are brought against it for an offence referred to in section 6 of the Crown Organisations (Criminal Liability) Act 2002; and (c) a person in respect of whom an application is made under subpart 2 of Part 8 document- (a) means a document in any form (including, without limitation, a document in an electronic form); and (b) includes, without limitation, any of the following: (i) any writing on any material: (ii) information recorded or stored by means of a tape recorder, computer, or other device: (iii) material subsequently derived from information recorded or stored in the manner described in subparagraph (ii): (iv) labels, markings, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means: (v) books, maps, plans, graphs, or drawings: (vi) photographs, films, negatives, tapes, or any other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced electronic includes electrical, digital, magnetic, optical, electromagnetic, biometric, and photonic evidence based on national security information has the meaning given to it in section 5A formal statement has the meaning given to it in section 82 hearing includes a trial imprisonable offence means,- (a) in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment: (b) in the case of a body corporate, an offence that would be punishable by imprisonment for life or by a term of imprisonment if the offence were committed by an individual infringement offence has the meaning given to it in section 2 of the Summary Proceedings Act 1957 Judge-alone trial means a trial in accordance with subparts 1 and 3 of Part 4 and any other applicable provision of Part 5 judicial officer means a High Court Judge, a District Court Judge, a Community Magistrate, or a Justice of the Peace jury trial means a trial in accordance with subparts 2 and 3 of Part 4 and any other applicable provision of Part 5 Justice means a Justice of the Peace lawyer means a person who holds a current practising certificate as a barrister or as a barrister and solicitor under the Lawyers and Conveyancers Act 2006 level of trial court, in relation to a proceeding, means either the High Court or the District Court as determined under section 71, 72, 73, or 74, as the case may be national security information has the meaning given to it in section 4 of the Security Information in Proceedings Act 2022 national security interests has the meaning given to it in section 4 of the Security Information in Proceedings Act 2022 permanent court record means the permanent court record referred to in section 184 Police employee has the meaning given to it in section 4 of the Policing Act 2008 private prosecution means a proceeding against a defendant in respect of an offence that is not- (a) a public prosecution; or (b) a proceeding in respect of an offence commenced by or on behalf of a local authority, or other statutory public body or board,- and private prosecutor has a corresponding meaning prosecutor means the person who is for the time being conducting the case against the defendant in accordance with section 10 protocol offence means a category 2 or 3 offence that is covered by the protocol established under section 66 public prosecution means a proceeding in respect of an offence that is commenced by or on behalf of the Crown, and includes a proceeding in respect of an offence that is commenced by or on behalf of a Crown entity within the meaning of section 7 of the Crown Entities Act 2004 Registrar means the Registrar of a court; and includes a Deputy Registrar representative, in relation to a corporation, means a person duly appointed by the corporation to represent it to do any act or thing specified by the corporation for the purposes of this Act rules of court means rules made under section 386 of this Act, section 148 of the Senior Courts Act 2016, and section 228 of the District Court Act 2016, or any of those enactments special plea means a plea referred to in section 45(1) trial,- (a) in subpart 1 of Part 4, means a Judge-alone trial: (b) in subpart 2 of Part 4, means a jury trial: (c) in the other provisions of this Act, means a Judge-alone trial or jury trial trial court means, in any particular case, the court before which the defendant, in accordance with subpart 6 of Part 3, is to be tried victim has the meaning given to it in section 4 of the Victims' Rights Act 2002 working day means a day of the week other than- (a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and (b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and (c) a day in the period commencing on 25 December in any year and ending with 15 January in the following year. Compare: 1957 No 87 s 2 family violence offence has the meaning given in section 3 of the Bail Act 2000

16A Specifying that offence charged is, or that conviction entered is for, family violence offence (1) The charging document may specify that the offence charged is a family violence offence. (2) The court may, at any time after a charging document is filed and before the delivery of the verdict or decision of the court, amend the document to add, confirm, or remove a specification that the offence charged is a family violence offence. (3) The power in subsection (2)— (a) is exercisable on the court’s own motion or on the application of the defendant or the prosecutor: (b) is exercisable by the Registrar, if both the defendant and the prosecutor agree: (c) does not limit the powers in section 133. (4) If the defendant is convicted (even if the charging document does not specify that the offence charged is a family violence offence), the court may enter in the permanent court record of the proceeding a specification that the conviction is for a family violence offence. (5) In this section, family violence offence means an offence— (a) against any enactment (including the Family Violence Act 2018); and (b) involving family violence (as defined in section 9 of that Act).

(1A) A Registrar may exercise the power under subsection(1)(a) to allow a defendant to go at large if— the defendant has not been charged with a family violence offence and the prosecutor agrees; or the defendant has been charged with a family violence offence, but— the defendant is currently at large because of a decision of a judicial officer; and the prosecutor agrees. (1B) A Registrar may exercise the power under subsection (1)(b) to grant the defendant bail under the Bail Act 2000 if— the defendant has not been charged with a family violence offence and the prosecutor agrees; or the defendant has been charged with a family violence offence, but— the defendant is currently on bail because of a decision of a judicial officer; and the prosecutor agrees; and bail is continued on the same conditions that currently apply to the defendant.

family violence offence means an offence— (a) against any enactment (including the Family Violence Act 2018); and (b) involving family violence (as defined in section 9 of that Act).

198B Powers relating to right of public to enter and remain in areas of court (1) Nothing in sections 196 to 198 limits or affects— any inherent or implied powers of a judicial officer to give directions or impose requirements that must be met by persons entering and remaining in a court: the powers of a presiding judicial officer, a head of bench, the chief executive (or a person acting on behalf of the chief executive), or a court security officer to give directions or impose requirements under section 11A(1) of the Courts Security Act 1999 that must be met by persons entering and remaining in a court. (2) In subsection (1)(b),— chief executive, court security officer, and presiding judicial officer have the same meanings as in section 2 of the Courts Security Act 1999 head of bench means, in relation to— the Supreme Court, the Chief Justice: the Court of Appeal, the President of the Court of Appeal: the High Court, the Chief High Court Judge: the District Court, the Chief District Court Judge.

46 Access to assessment reports (1) The following persons have access to a report submitted to a court under section 38 and held by the court: (a) the prosecutor: (b) the manager or other person in charge of, or a staff member of, a prison to which the subject is sent, whether during any proceedings or in accordance with a sentence imposed on the subject: (c) a Director of Area Mental Health Services or a staff member of a hospital who requires access to the report for the purposes of his the Director’s or her staff member’s official duties: (d) a co-ordinator or a staff member of a facility who requires access to the report for the purposes of his the co-ordinator’s or her staff member’s official duties: (e) an officer or employee of the Department of Corrections or of the Ministry of Justice or of the Ministry of Health who requires access to the report for the purposes of his the officer’s or her employee’s official duties: (f) a health assessor who, who,— in accordance with an order under section 38(1), is to prepare an assessment report; or in accordance with a direction under section 39(1), is to provide a second opinion on the subject. subject; or is to prepare a report for the purposes of section 88(1) of the Sentencing Act 2002. (2) If, because of an order under section 45(3), a subject may not be shown a part of a report, the subject may not have access to that part of the report under the Official Information Act 1982 or the Privacy Act 2020. Compare: 1985 No 120 s 123