This protocol identifies cases and classes of cases which must always be considered for transfer to the High Court in accordance with section 66 of the Criminal Procedure Act 2011. It is the obligation of the prosecution to identify cases falling within the protocol.
The protocol has been developed following consultation between the Chief High Court Judge and the Chief District Court Judge. The provisions of this protocol may be revised from time to time.
Class 1: Cases involving the following offences
Crimes Act 1961
Section Offence
Section 69(3) Aiding and abetting crime outside New Zealand
Sections 93, 94 Piratical acts
Section 97 Accessory after the fact to piracy
Section 98AA(1) Dealing in people under 18 for sexual exploitation, removal of body parts or engagement in forced labour
Section 98A Participation in organised criminal group
Section 98C Smuggling migrants
Section 98D Trafficking in people by means or coercion or deception
Section 104 Corruption and bribery of law enforcement officer
Section 105 Corruption and bribery of official
Section 105C Bribery of foreign public official
Section 105D Bribery outside New Zealand of foreign public official
Sections 108, 109 Perjury, where charge relates to proceedings that were held in the High Court
Section 113 Fabricating evidence, where charge relates to proceedings that were held in the High Court
Section 115 Conspiring to bring false accusation, where charge relates to proceedings that were held in the High Court
Section 116 Conspiring to defeat justice, where charge relates to proceedings that were held in the High Court
Section 117 Corrupting juries and witnesses, where charge relates to proceedings that were held in the High Court
Section 176 Accessory after the fact to murder
Section 179 Aiding and abetting suicide
Section 182 Killing unborn child
Section 183(1) Procuring abortion
Section 208* Abduction of woman or girl
Section 208 Abduction for purposes of marriage or sexual connection
Section 209 Kidnapping
Section 235(a) Aggravated robbery causing grievous bodily harm
Section 236(1)(a) Causing grievous bodily harm with intent to rob
Section 238(1)Å Extortion by certain threats
Section 270 Endangering transport
Section 298A Causing disease or sickness in animals
Section 298B Contaminating food, crops, water or other products
Section 301Å Wrecking
Section 307A Threats of harm to people or property
Å as it read before 1 October 2003
* as it read before 20 May 2005
Financial Reporting Act 1993
Section Offence
Section 41 False statements
Prostitution Reform Act 2003
Section Offence
Section 16 Inducing or compelling persons to provide commercial sexual services or earnings from prostitution
Securities Act 1978
Section Offence
Section 58 Misstatement in advertisement or registered prospectus
Securities Markets Act 1988
Section Offence
Sections 8F, 43 Insider conduct
Sections 11A, 43 False or misleading statement or information
Sections 11D, 43 False or misleading appearance of trading etc
Takeovers Act 1993
Section Offence
Section 44C False or misleading statement or information
Class 2: Cases involving offences with the following features
Crimes Act 1961
Section Offence
Sections 128 to 129 Sexual violation where:
(a) there are two or more complainants; or
(b) there are two or more defendants; or
(c) the complainant is under 16; or
(d) the complainant is otherwise vulnerable; or
(e) the alleged offending occurred in the course of a home invasion; or
(f) the alleged offending involved significant violence over and above that inherent in the act of sexual violation; or
(g) if found guilty, the defendant would face a likelihood of preventive detention.
Section 188(1) Causing grievous bodily harm where:
(a) there are two or more complainants; or
(b) there are two or more defendants; or
(c) the complainant is vulnerable by reason of age or disability or otherwise; or
(d) the injury was grave; or
(e) there was a serious risk to life.
Section 235(c) Aggravated robbery where:
(a) the proceeds or potential proceeds of the robbery are substantial (for example a bank robbery); or
(b) the offending creates serious risk to life; or
(c) it is part of a pattern of offending.
Section 236(1)(b) Assault with intent to rob where:
(a) the proceeds or potential proceeds of the robbery are substantial; or
(b) the offending creates serious risk to life; or
(c) it is part of a pattern of offending.
Sections 237, 238 Blackmail where:
(a) there are multiple complainants; or
(b) the complainant is a public official; or
(c) a threat of serious risk to life is involved.
Section 267 Arson where:
(a) multiple instances of arson are charged; or
(b) there was a serious risk to life; or
(c) the resulting damage is of significant value; or
(d) a building of national significance was damaged.
Misuse of Drugs Act 1975
Section Offence
Section 6 Dealing with controlled drugs where the charge relates to a Class A controlled drug and either:
(a) the quantity of drug alleged to be involved exceeds 200 times the supply threshold; or
(b) the evidence includes evidence obtained pursuant to a surveillance device warrant issued by a High Court Judge.
Section 10 Aiding offences against corresponding law of another country where the charge relates to dealing in a Class A controlled drug and either:
(a) the quantity of drug alleged to be involved exceeds 200 times the supply threshold; or
(b) the evidence includes evidence obtained pursuant to a surveillance device warrant issued by a High Court Judge.
Section 12C Commission of offences outside New Zealand where the charge relates to dealing in a Class A controlled drug and either:
(a) the quantity of drug alleged to be involved exceeds 200 times the supply threshold; or
(b) the evidence includes evidence obtained pursuant to a surveillance device warrant issued by a High Court Judge.
Class 3: Cases (involving category 2 or 3 offences) with any of the following features
(a) Offences of dishonesty involving more than $1,000,000.
(b) A difficult issue of law is likely to be involved, or a prosecution for the offence is rare or novel.
(c) Public concern about the alleged offending.
(d) Conviction would lead to a likelihood of preventive detention being imposed.
(e) The offence charged is a repealed offence similar in nature to those offences in Class 1.
(f) The offence charged is a repealed offence similar in nature to those offences in Class 2 and the offending features one of the relevant aggravating factors highlighted there.
(g) The offence charged is a category 2 offence which, because of the complexity of the issues involved or the public concern connected with the offending, should be considered for transfer to the High Court.