Pursuant to Section 66 of the Criminal Procedure Act 2011 as at 1 February 2020
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 1 February 2020, and replaces the previous protocol gazetted on 10 January 2019. It applies to proceedings commenced on or after 1 February 2020.
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 s 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(1) |
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 |
Contempt of Court Act 2019
| Section |
Offence |
| Section 7(2) |
Publication of criminal trial information where proceedings were held in the High Court |
| Section 14(1) |
Disclosure etc of jury deliberations where proceedings were held in the High Court |
Customs and Excise Act 2018
| Section |
Offence |
| Section 390 |
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: a. there are two or more complainants; or b.there are two or more defendants; or c.the complainant is under 16 at the time of the offending; 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 including where it involves the use of a loaded firearm; 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
- Offences of dishonesty involving more than $1,000,000.
- A difficult issue of law is likely to be involved, or a prosecution for the offence is rare or novel.
- Public concern about the alleged offending.
- Conviction would lead to a likelihood of preventive detention being imposed.
- The offence charged is a repealed offence similar in nature to those offences in Class 1.
- 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.
- 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.
Gazette.govt.nz