Court of Trial Protocol Established by the Chief High Court Judge and the Chief District Court Judge for Category 2 and 3 Offences Pursuant to Section 66 of the Criminal Procedure Act 2011 as at 12 March 2018
This protocol identifies cases and classes of cases which must always be considered for transfer to the High Court in accordance with section 66 of the Criminal Procedure Act 2011. It is the obligation of the prosecution to identify cases falling within the protocol.
The protocol has been developed following consultation between the Chief High Court Judge and the Chief District Court Judge. The provisions of this protocol may be revised from time to time.
This protocol comes into force on 12 March 2018, and replaces the previous protocol published in the New Zealand Gazette, 11 May 2017, Issue No. 49, Notice No. 2017-go2244 and applied to proceedings that commenced on or after 29 May 2017. It applies to proceedings commenced on or after 12 March 2018.
Section |
Offence |
Section 69(3) |
Aiding and abetting crime outside New Zealand |
Sections 93, 94 |
Piratical acts |
Section 97 |
Accessory after the fact to piracy |
Section 98AA(1) |
Dealing in people under 18 for sexual exploitation, removal of body parts or engagement in forced labour |
Section 98A |
Participation in organised criminal group |
Section 98C |
Smuggling migrants |
Section 98D |
Trafficking in people by means of coercion or deception |
Section 104 |
Corruption and bribery of law enforcement officer |
Section 105 |
Corruption and bribery of official |
Section 105A |
Corrupt use of official information |
Section 105B |
Use or disclosure of personal information in breach of section 105A |
Section 105C |
Bribery of foreign public official |
Section 105D |
Bribery outside New Zealand of foreign public official |
Section 105E |
Corruption of foreign public officials |
Section 105F |
Trading in influence |
Sections 108, 109 |
Perjury, where charge relates to proceedings that were held in the High Court |
Section 113 |
Fabricating evidence, where charge relates to proceedings that were held in the High Court |
Section 115 |
Conspiring to bring false accusation, where charge relates to proceedings that were held in the High Court |
Section 116 |
Conspiring to defeat justice, where charge relates to proceedings that were held in the High Court |
Section 117 |
Corrupting juries and witnesses, where charge relates to proceedings that were held in the High Court |
Section 179 |
Aiding and abetting suicide |
Section 182 |
Killing unborn child |
Section 183(1) |
Procuring abortion |
Section 208* |
Abduction of woman or girl |
Section 208 |
Abduction for purposes of marriage or sexual connection |
Section 209 |
Kidnapping |
Section 235(a) |
Aggravated robbery causing grievous bodily harm |
Section 236(1)(a) |
Causing grievous bodily harm with intent to rob |
Section 238(1)† |
Extortion by certain threats |
Section 270 |
Endangering transport |
Section 298A |
Causing disease or sickness in animals |
Section 298B |
Contaminating food, crops, water or other products |
Section 301† |
Wrecking |
Section 307A |
Threats of harm to people or property |
* as it read before 20 May 2005
† as it read before 1 October 2003
Section |
Offence |
Section 377 |
False statements |
Section |
Offence |
Section 209(1A) |
Knowingly concerned in any importation or exportation or removal of an objectionable publication |
Section |
Offence |
Section 244 |
Criminal liability for insider conduct |
Section 264 |
Criminal liability for false or misleading statement or information |
Section 269 |
Criminal liability for false or misleading appearance of trading |
Section 510 |
Knowingly or recklessly contravening prohibition in section 82 on offers where there has been defective disclosure in the PDS or register entry |
Section 511 |
Knowingly or recklessly contravening any other provisions relating to defective disclosure |
Section 512 |
General offending involving knowingly making false or misleading statements |
Section |
Offence |
Section 124(1) |
Offences involving knowledge relating to objectionable publications |
Section 131A(1) |
Possession of objectionable publication with knowledge |
Section |
Offence |
Section 16 |
Inducing or compelling persons to provide commercial sexual services or earnings from prostitution |
Section |
Offence |
Section 3 |
Gifts to agent without consent of principal |
Section 4 |
Acceptance of such gifts by an agent |
Section 5 |
Duty of agent to disclose pecuniary interest in contract |
Section 6 |
Giving false receipt, invoice etc, to an agent |
Section 7 |
Delivery of false receipt, etc, to principal |
Section 8 |
Receiving secret reward for procuring contracts |
Section 9 |
Aiding and abetting offences |
Section |
Offence |
Section 44C |
False or misleading statement or information |
Section |
Offence |
Sections 128 to 129 |
Sexual violation where:
|
Section 188(1) |
Causing grievous bodily harm where:
|
Section 235(c) |
Aggravated robbery where:
|
Section 236(1)(b) |
Assault with intent to rob where:
|
Sections 237, 238 |
Blackmail where:
|
Section 267 |
Arson where:
|
Section |
Offence |
Section 6 |
Dealing with controlled drugs where the charge relates to a Class A controlled drug and either:
|
Section 10 |
Aiding offences against corresponding law of another country where the charge relates to dealing in a Class A controlled drug and either:
|
Section 12C |
Commission of offences outside New Zealand where the charge relates to dealing in a Class A controlled drug and either:
|