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Court of Trial Protocol updated from 1 December 2021 (Westlaw NZ)

Content updates

The latest Court of Trial Protocol established by the Chief High Court Judge and Chief District Court Judge for category 2 and 3 offences was gazetted on 12 October 2021. It comes into force on 1 December 2021 and applies to proceedings commenced on or after that date. The 2021 Protocol replaces the previous protocol that was gazetted on 17 December 2019 and came into force on 1 February 2020.

The updated Protocol is available in Adams on Criminal Law — Procedure in the Practice Notes and Protocols chapter.

The Court of Trial Protocol identifies cases and classes of cases which must always be considered for transfer to the High Court in accordance with s 66 of the Criminal Procedure Act 2011. The 2021 Protocol states: “It is the obligation of the prosecution to identify cases falling within the protocol.”

An advisory from the Chief High Court Judge and the Chief District Court Judge notes that the 2021 Protocol:

  • Removes s 209 of the Crimes Act 1961 (Kidnapping) from the list of Class 1 offences and moves it to the list of Class 2 offences – re kidnapping where:
    • there is kidnapping for ransom; or
    • the complainant is under 16 at the time of the offending.
  • Adds a new Class 1 offence: s 82B(1) of the Commerce Act 1986 (Offence relating to cartel prohibition).
  • Adds a new Class 1 offence: s 105 of the Overseas Investment Act 2005 (Application of Corporations (Investigations and Management Act) 1989) – in terms of offences relating to the following provisions of the 1989 Act:
    • Section 43 (Prohibition against removal of assets).
    • Section 67 (Duty to deliver books and property to statutory manager).
    • Section 68 (Offence to destroy, alter, or conceal records).

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