Notice Type
Departmental
Notice Title

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.

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 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

Companies Act 1993

Section

Offence

Section 377

False statements

Customs and Excise Act 1996

Section

Offence

Section 209(1A)

Knowingly concerned in any importation or exportation or removal of an objectionable publication

Financial Markets Conduct Act 2013

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

Films, Videos and Publications Classification Act 1993

Section

Offence

Section 124(1)

Offences involving knowledge relating to objectionable publications

Section 131A(1)

Possession of objectionable publication with knowledge

Prostitution Reform Act 2003

Section

Offence

Section 16

Inducing or compelling persons to provide commercial sexual services or earnings from prostitution

Secret Commissions Act 1910

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

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:

  1. there are two or more complainants; or
  2. there are two or more defendants; or
  3. the complainant is under 16 at the time of the offending; or
  4. the complainant is otherwise vulnerable; or
  5. the alleged offending occurred in the course of a home invasion; or
  6. the alleged offending involved significant violence over and above that inherent in the act of sexual violation; or
  7. if found guilty, the defendant would face a likelihood of preventive detention.

Section 188(1)

Causing grievous bodily harm where:

  1. there are two or more complainants; or
  2. there are two or more defendants; or
  3. the complainant is vulnerable by reason of age or disability or otherwise; or
  4. the injury was grave; or
  5. there was a serious risk to life.

Section 235(c)

Aggravated robbery where:

  1. the proceeds or potential proceeds of the robbery are substantial (for example a bank robbery); or
  2. the offending creates serious risk to life including where it involves the use of a loaded firearm; or
  3. it is part of a pattern of offending.

Section 236(1)(b)

Assault with intent to rob where:

  1. the proceeds or potential proceeds of the robbery are substantial; or
  2. the offending creates serious risk to life; or
  3. it is part of a pattern of offending.

Sections 237, 238

Blackmail where:

  1. there are multiple complainants; or
  2. the complainant is a public official; or
  3. a threat of serious risk to life is involved.

Section 267

Arson where:

  1. multiple instances of arson are charged; or
  2. there was a serious risk to life; or
  3. the resulting damage is of significant value; or
  4. 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:

  1. the quantity of drug alleged to be involved exceeds 200 times the supply threshold; or
  2. 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:

  1. the quantity of drug alleged to be involved exceeds 200 times the supply threshold; or
  2. 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:

  1. the quantity of drug alleged to be involved exceeds 200 times the supply threshold; or
  2. 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

  1. Offences of dishonesty involving more than $1,000,000.
  2. A difficult issue of law is likely to be involved, or a prosecution for the offence is rare or novel.
  3. Public concern about the alleged offending.
  4. Conviction would lead to a likelihood of preventive detention being imposed.
  5. The offence charged is a repealed offence similar in nature to those offences in Class 1.
  6. 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.
  7. 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.