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.