2017 Court of Trial Protocol
The Chief Judges of the High and District Courts of New Zealand have a statutory obligation to establish a Court of Trial Protocol. 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 latest revision of the Court of Trial Protocol has been gazetted and will come into force on 29 May 2017 and applies to proceedings commenced on or after that date. The protocol replaces the previous protocol published in a Supplement to the New Zealand Gazette on 29 January 2016.
The 2017 Protocol makes changes to class 1 of the 2016 Protocol:
- Two Crimes Act 1961 corruption offences are added – ss 105E and 105F.
- Seven Secret Commissions Act 1910 corruption offences are added (ss 3 – 9)
- Section 377 Companies Act 1993 has been added to replace a similar provision about false statements in the repealed Financial Reporting Act 1993
- Offences under the repealed Securities Act 1978 and Securities Markets Act 1988 are removed.
The 2017 Court of Trial Protocol can be found at http://www.courtsofnz.govt.nz/the-courts/high-court/legislation.