New Zealand Acts

CRIMINAL PROCEDURE ACT 2011

- As at 15 December 2025
- Act 81 of 2011

TABLE OF PROVISIONS

   1.      Title
   2.      Commencement

   PART 1 - Preliminary provisions

   3.      Purpose
   4.      Overview
   5.      Interpretation
   5A.     Interpretation: evidence based on national security information
   6.      Categories of offence defined
   7.      Act subject to other enactments
   7A.     Transitional, savings, and related provisions
   8.      Act binds the Crown
           Note
   9.      Jurisdiction of District Court to conduct criminal proceedings
   10.     Who may conduct proceedings against defendant
   11.     Who may conduct proceedings for defendant
   12.     Representatives of corporations
   13.     Procedural requirements of Act, regulations, and rules to be followed

   PART 2 - Commencement of proceedings and preliminary steps

           SUBPART 1 - Filing a charging document

   14.     Commencement of criminal proceedings
   15.     Any person may commence proceeding
   16.     Charging documents
   16A.    Specifying that offence charged is, or that conviction entered is for, family violence offence
   17.     Content of charge
   18.     Court may order further particulars
   19.     Charge may be worded in alternative
   20.     Charge may be representative
   21.     Court may amend or divide alternative or representative charge
   22.     Certain charges to disclose range of penalties and previous convictions
   23.     Offence relating to false or misleading information in charging document
   24.     Endorsement of consent
   25.     Time for filing charging document
   26.     Private prosecutions
   27.     Power of Registrar to compile charging information

           SUBPART 2 - Notifying defendant of court appearance

   28.     Summons in relation to charge may be served
   29.     Summons following evidential breath test
   30.     Provisions relating to summons issued under section 28 or 29
   31.     Charging document must be filed promptly
   32.     Decision to change charge following summons
   33.     Summons to defendant in private prosecution
   34.     Warrant may be issued if summons cannot be served
   34A.    When warrant may be issued irrespective of whether summons has been issued or served

           SUBPART 3 - Court dealing with proceeding before trial or transfer for trial

   35.     Court dealing with proceeding before trial or transfer for trial: categories 1 to 3
   36.     Court dealing with proceeding before transfer for trial: category 4

   PART 3 - Procedure before trial

           SUBPART 1 - Pleas

   37.     Defendant may enter plea
   38.     Right to plead to category 1 offence by notice
   39.     Requirement for defendant to plead
   40.     Not guilty plea for category 4 offence
   41.     Defendant who refuses or fails to plead under section 39 or 49(3)
   42.     Defendant may change plea of not guilty
   43.     Procedure if defendant indicates intention to plead guilty but does not do so
   44.     Plea where charge alleges previous conviction
   45.     Special pleas
   46.     Previous conviction
   47.     Previous acquittal
   48.     Pardon
   49.     Procedure for dealing with special plea

           SUBPART 2 - Decision regarding trial by jury for category 3 offences

   50.     Defendant charged with category 3 offence may elect trial by jury
   51.     Timing of election
   52.     Judicial officer or Registrar may receive elections
   53.     Withdrawal of election

           SUBPART 3 - Case management

   54.     Adjournment for case review
   55.     Case management discussions and case management memorandum
   56.     Information to be provided in case management memorandum
   57.     Case review
   58.     Court may give directions about case management procedure
   59.     Judge may direct case management procedure for category 1 offence

           SUBPART 4 - Sentence indications

   60.     Meaning of sentence indication
   61.     Giving sentence indication
   62.     Further provisions relating to giving sentence indication
   63.     Offence and penalty relating to sentence indication
   64.     Duration of sentence indication
   65.     Request for sentence indication not admissible in proceeding

           SUBPART 5 - Determination of level of trial court for category 2 and 3 offences

   66.     Establishment of protocol
   67.     District Court Judge may recommend level of trial court for protocol offence
   68.     High Court Judge must determine level of trial court for protocol offences
   68A.    High Court Judge may reconsider orders made under section 68 in certain circumstances
   69.     Proceedings not invalid
   70.     High Court Judge may order proceedings for category 2 or 3 offence be tried in High Court

           SUBPART 6 - Trial court, place of trial, transfer of proceedings to trial court, and procedure for trial

   71.     Category 1 offences
   72.     Category 2 offences
   73.     Category 3 offences
   74.     Category 4 offences
   75.     Transfer of certain proceedings for category 2 and 3 offences to trial court
   76.     Transfer of proceeding from trial court to new trial court
   77.     Notice that defendant to be tried in High Court

           SUBPART 7 - Provisions applying only to Judge-alone procedure

   78.     Court may order pre-trial admissibility hearing if trial to be Judge-alone trial
   79.     Pre-trial admissibility hearing and order that evidence admissible
   79A.    Pre-trial admissibility hearing: national security information
   80.     Court may order that certain pre-trial processes under subpart 8 apply

           SUBPART 8 - Provisions applying only to jury trial procedure

   81.     Application of this subpart
   82.     Requirements for formal statements
   83.     False statement in formal statement deemed to be perjury
   84.     Persons who may give evidence under assumed name or anonymously
   85.     Prosecutor must file formal statements
   86.     Evidential status of formal statements
   87.     Trial callover memoranda to be filed in trial court
   88.     Information to be provided in trial callover memoranda
   89.     Unrepresented defendants at trial callover hearing
   90.     Application for oral evidence order
   91.     Application for leave to question identity of undercover Police officer or intelligence witness to be determined by High Court
   92.     Making oral evidence order
   93.     Further consideration if application for oral evidence order for complainant in case of sexual nature
   94.     Withdrawal of charge if oral evidence order made for examination of undercover Police officer or intelligence witness
   95.     By whom oral evidence of witness to be taken
   96.     Restriction on who may take oral evidence of complainant in case of sexual nature
   97.     Persons who may be present if oral evidence taken from complainant in case of sexual nature
   98.     Application of subpart 5 of Part 3 of Evidence Act 2006
   99.     Oral evidence must be recorded
   100.    Proceeding may be continued despite witness's failure to appear or give evidence
   101.    Pre-trial order relating to admissibility of evidence: jury trial
   101A.   National security information: pre-trial hearing and order
   102.    Judge may order Judge-alone trial in cases likely to be long and complex
   103.    Judge may order Judge-alone trial in cases involving intimidation of juror or jurors
   104.    Procedure for trial ordered under section 102 or 103

   PART 4 - Trial

           SUBPART 1 - Provisions applying to Judge-alone trials

   105.    Conduct of Judge-alone trial
   106.    Decision of court

           SUBPART 2 - Provisions applying to jury trials

   107.    Conduct of jury trial
   108.    Procedure if charge alleges previous conviction
   109.    Discretion to keep jury together
   110.    Part of murder charge proved

           SUBPART 3 - Provisions applying to both Judge-alone and jury trials

   111.    Alibi
   112.    Court must dismiss charge in certain cases
   113.    Adjourning trial for witness
           Note
   113A.   National security information: admissibility hearing in course of trial

   PART 5 - General provisions

           SUBPART 1 - Conduct of proceeding

   114.    Procedure after defendant pleads or is found guilty
   115.    Plea of guilty may be withdrawn by leave of court
   116.    Effect of sentence indication
   117.    Defendant generally may be present at all hearings
   118.    Hearings at which defendant must be present
   119.    Non-attendance of defendant charged with offence in category 1
   120.    Non-attendance of defendant charged with offence in category 2, 3, or 4: before plea is entered
   121.    Non-attendance of defendant charged with offence in category 2, 3, or 4: after plea is entered but before trial or sentencing
   122.    Non-attendance of defendant at trial for offence in category 2, 3, or 4
   123.    Sentencing for offence in category 2, 3, or 4 not to proceed in absence of defendant
   124.    Procedure when hearing proceeds in absence of defendant
   125.    Retrial if defendant found guilty in his or her absence
   126.    Rehearing if defendant sentenced for category 1 offence in his or her absence
   127.    Registrar may deal with applications in relation to category 1 offences
   128.    Effect of application for retrial or rehearing on rights of appeal
   129.    Procedure if retrial or rehearing ordered
   130.    Dealing with defendant pending retrial or rehearing
   131.    Powers of court when prosecutor does not appear
   132.    Powers of court when neither party appears
   133.    Amendment of charge
   134.    Procedure if charge amended before trial
   135.    Procedure if charge amended after order made under section 68 or 70
   136.    Procedure if charge amended during trial
   136A.   Procedure if charge added during trial
   137.    Proceedings against parties to offences, accessories, and receivers
   138.    Trial of different charges together
   139.    Procedure if charges to be heard together
   140.    Procedure if charges to be heard together include new charges
   141.    Conviction where alternative allegations proved in Judge-alone trial
   142.    Dealing with charge that fails to disclose range of penalties and previous convictions when required
   143.    Included offences
   144.    Conviction of parties
   145.    Conviction of charge containing allegation of previous conviction
   146.    Withdrawal of charge generally
   146A.   Withdrawal of charge due to risk to national security interests
   147.    Dismissal of charge generally
   147A.   Dismissal of charge when information withheld due to risk to national security interests
   148.    Prosecutor must notify court if defendant completes programme of diversion
   149.    Attempt proved when offence is charged
   150.    Offence proved when attempt is charged
   151.    Order for retrial may be granted if acquittal tainted
   152.    Meaning of terms used in sections 153 and 154
   153.    Consent of Solicitor-General required in certain circumstances for exercise of powers in relation to acquitted person
   154.    Order for retrial may be granted by Court of Appeal if new and compelling evidence discovered
   155.    Orders to safeguard fairness of retrial
   156.    Effect of order for retrial
   157.    Transfer of proceedings to court at different place or different sitting
   158.    Attendance of witness at substitute court
   159.    Issue of summons to witness
   160.    Summons to witness to non-party disclosure hearing
   161.    Issue of warrant to obtain attendance of witness
   162.    To whom warrant to be directed and power of person executing warrant to enter premises
   163.    Withdrawal of warrant
   164.    Dealing with witness arrested under warrant
   165.    Witness refusing to give evidence may be imprisoned
   166.    Witnesses at hearing
   167.    Power to adjourn
   168.    Dealing with defendant on adjournment
   168A.   No-contact conditions if family violence offence defendant remanded in custody
   168B.   Provisions about compliance with no-contact conditions
   169.    Order for detention of defendant in hospital or secure facility
   170.    Defendant in custody may be brought up before expiry of period of adjournment
   171.    Defendants under 16 must not be imprisoned pending hearing or sentence
   172.    Defendants aged 16 must not be imprisoned pending hearing or sentence except in certain circumstances
   173.    Remand of defendant under 17 in residence or care
   174.    Remand of defendant under 18 years for assessment report
   175.    Remand of defendants aged 17 to 20 years
   176.    Stay of proceedings
   177.    Court may order retrial or rehearing as to sentence in certain cases
   178.    Procedure if retrial or rehearing ordered
   179.    Dealing with defendant pending retrial or rehearing
   180.    Court may correct erroneous sentence
   181.    Application of chief executive of Department of Corrections to correct erroneous sentence
   182.    Procedure if court corrects erroneous sentence
   183.    Transfer to wrong court
   184.    Permanent court record

           SUBPART 2 - Solicitor-General's responsibility for oversight and conduct of certain prosecutions

   185.    Solicitor-General responsible for general oversight of public prosecutions
   186.    Attorney-General's responsibility and powers not affected
   187.    Assumption of responsibility for Crown prosecutions by Solicitor-General
   188.    Duty of Crown prosecutor to comply with Solicitor-General's directions
   189.    Crown prosecution notice must be filed
   190.    Power of Solicitor-General or Crown prosecutor to amend charge
   191.    Power of Solicitor-General or Crown prosecutor to add new charges
   192.    Power of Solicitor-General or Crown prosecutor to withdraw charge
   192A.   Power of Solicitor-General or Crown prosecutor to join charge or charges
   193.    Independence of Solicitor-General and Crown prosecutors

           SUBPART 3 - Public access and restrictions on reporting

   194.    Interpretation
   195.    Context in which publication prohibited
   196.    Court proceedings generally open to public
   197.    Power to clear court
   198.    Exception for members of media
   198A.   Hearing may be conducted by audiovisual link or audio link
   199.    Court must be cleared when complainant gives evidence in cases of sexual nature
   199AA.  Court may be cleared when victim impact statement read or otherwise presented to court in cases of sexual nature
           Note
   199A.   Automatic suppression of details of previous convictions
   199B.   Further provisions relating to automatic suppression
           Note
   199BA.  Automatic suppression of sexual case complainant’s or propensity witness’s evidence that is video recorded before trial
           Note
   199C.   Court may temporarily suppress trial-related information
   199D.   Further provisions relating to temporary suppression of trial-related information
   200.    Court may suppress identity of defendant
   201.    Automatic suppression of identity of defendant in specified sexual cases
   202.    Court may suppress identity of witnesses, victims, and connected persons
   203.    Automatic suppression of identity of complainant in sexual cases
   204.    Automatic suppression of identity of child complainants and witnesses
   205.    Court may suppress evidence and submissions
   206.    Power of Registrar to make and renew interim suppression orders
   207.    Court must give reasons
   208.    Duration of suppression order and right of review
   209.    Publication by or at request of Police, etc
   210.    Standing of members of media
   211.    Offences and penalties

   PART 6 - Appeals

           SUBPART 1 - General matters

   212.    Interpretation
   213.    Leave to appeal
   214.    Duty to determine appeal subject to sections 337 and 338

           SUBPART 2 - Appeals against pre-trial decisions

   215.    Right of appeal by prosecutor or defendant against certain pre-trial evidential decisions in Judge-alone case
   216.    Refusal to give leave to appeal under section 215
   217.    Right of appeal by prosecutor or defendant against pre-trial decisions in jury trial case
   218.    Right of appeal by defendant only against pre-trial decisions in jury trial case
   219.    First appeal courts
   220.    How to commence first appeal
   221.    First appeal court to determine appeal
   222.    Trial court may allow trial to proceed
   223.    Right of appeal against determination of first appeal court
   224.    Second appeal courts
   225.    How to commence second appeal
   226.    Second appeal court to determine appeal
   227.    High Court's determination of second appeal final
   228.    Further appeal from determination of second appeal by Court of Appeal

           SUBPART 3 - Appeals against conviction

   229.    Right of appeal against conviction
   230.    First appeal courts
   231.    How to commence first appeal
   232.    First appeal court to determine appeal
   233.    Orders, etc, on successful first appeal
   234.    Conviction and sentence for different offence may be substituted
   235.    Acquittal on account of insanity
   236.    Confirmation or substitution of sentence for another offence
   237.    Right of appeal against determination of first appeal court
   238.    Second appeal courts
   239.    How to commence second appeal
   240.    Second appeal court to determine appeal
   241.    Orders, etc, on successful second appeal
   242.    High Court's determination of second appeal final
   243.    Further appeal from determination of second appeal by Court of Appeal

           SUBPART 4 - Appeals against sentence

   244.    Convicted person's right of appeal against sentence
   245.    Right of appeal against sentence not affected by sentence indication
   246.    Prosecutor's right of appeal
   247.    First appeal courts
   248.    How to commence first appeal
   249.    Appeal by prosecutor treated as abandoned if not heard before sentence completed
   250.    First appeal court to determine appeal
   251.    Orders, etc, on successful first appeal
   252.    Defendant may not withdraw guilty plea after sentence imposed on appeal
   253.    Right of appeal against determination of first appeal court
   254.    Second appeal courts
   255.    How to commence second appeal
   256.    Second appeal court to determine appeal
   257.    Orders, etc, on successful second appeal
   258.    High Court's determination of second appeal final
   259.    Further appeal from determination of Court of Appeal

           SUBPART 5 - Appeals against finding of or sentence for contempt of court

   260.    Right of appeal against finding of or sentence for contempt of court
   261.    First appeal courts
   262.    How to commence first appeal
   263.    First appeal court to determine appeal
   264.    Right of appeal against determination of first appeal court
   265.    Second appeal courts
   266.    How to commence second appeal
   267.    Second appeal court to determine appeal
   268.    High Court's determination of second appeal final
   269.    Further appeal from determination of Court of Appeal

           SUBPART 6 - Appeals against decisions on costs orders

   270.    Interpretation
   271.    Right of appeal to first appeal court against decision about costs order
   272.    First appeal courts
   273.    How to commence first appeal
   274.    First appeal court to determine appeal
   275.    Appeal not to suspend trial
   276.    Right of appeal against determination of first appeal court
   277.    Second appeal courts
   278.    How to commence second appeal
   279.    Second appeal court to determine appeal
   280.    High Court's determination of second appeal final
   281.    Further appeal from determination of Court of Appeal

           SUBPART 7 - Appeals against suppression orders

   282.    Interpretation
   283.    Right of appeal against decision on suppression order
   284.    First appeal courts
   285.    How to commence first appeal
   286.    Interim suppression order pending determination of first appeal
   287.    First appeal court to determine appeal
   288.    Trial court may allow trial to proceed
   289.    Right of appeal against determination of first appeal court
   290.    Second appeal courts
   291.    How to commence second appeal
   292.    Interim suppression order pending determination of second appeal
   293.    Second appeal court to determine appeal
   294.    Determination of High Court final
   295.    Further appeal from determination of Court of Appeal

           SUBPART 8 - Appeals on question of law

   296.    Right of appeal
   297.    First appeal courts
   298.    How to commence first appeal
   299.    Power of first appeal court to amend question stated
   300.    First appeal court to determine appeal
   301.    Deferral or adjournment of trial if notice of application for leave to appeal filed
   302.    How determination of appeal affects outcome of trial
   303.    Right of appeal against determination of first appeal court
   304.    Second appeal courts
   305.    How to commence second appeal
   306.    Second appeal court to determine appeal
   307.    Orders, etc, on successful second appeal
   308.    High Court's determination of second appeal final
   309.    Further appeal from determination of Court of Appeal
   310.    Relationship to other appeals

           SUBPART 9 - Appeals against order under section 106(3) of Sentencing Act 2002

   311.    Right of appeal

           SUBPART 10 - Appeals relating to peace bond decisions

   312.    Right of appeal

           SUBPART 11 - Solicitor-General's references

   313.    Solicitor-General may refer certain questions to Court of Appeal
   314.    Procedure for references under section 313
   315.    Rights of appeal to Supreme Court
   316.    Procedure for appeals under section 315
   317.    Solicitor-General may refer question to Supreme Court
   318.    Procedure for references under section 317
   319.    Power of Court of Appeal or Supreme Court to amend question referred

           SUBPART 12 - Further provisions

   320.    Meaning of related right of appeal
   321.    Related appeals that are to be heard by Court of Appeal
   322.    Duty of Solicitor-General
   323.    Duties of Registrar
   324.    Custody of exhibits, etc
   325.    Right of representation at hearing
   326.    Right of attendance at hearing
   327.    Hearings in Court of Appeal
   328.    Hearings in District Court or High Court
   329.    Hearings in Court of Appeal or Supreme Court
   330.    Hearings in District Court or High Court
   331.    Provisions about hearing on papers
   332.    Powers exercisable by Judge of Supreme Court
   333.    Powers exercisable by Judges of Court of Appeal
   334.    Power to receive and hear evidence
   335.    Special powers of appeal courts in appeal involving conviction, sentence, or contempt
   336.    Powers of appeal courts
   337.    Abandonment of appeal by appellant
   338.    Power of appeal court to dismiss appeal for non-compliance with procedural orders
   339.    Appeal against dismissal under section 338
   340.    Reasons to accompany judgment or be given later
   341.    Delivery of judgment by District Court, High Court, or Court of Appeal
   342.    Judgment to be provided to parties
   343.    General effect of appeal on sentence
   344.    Issue of committal order for detention of convicted person
   345.    How appeal affects community-based sentences
   346.    Registrar to notify resumption of sentence
   347.    Reporting requirement where sentence resumed after unsuccessful or abandoned appeal
   348.    How appeal affects non-association orders
   348A.   How appeal affects registration orders
   349.    Fine recovery not to be enforced pending contempt appeal
   350.    Successful appellant entitled to return of amount paid under sentence
   351.    Detention following appeal
   352.    Revesting and restitution of property on conviction

   PART 7 - Provisions concerning jurisdiction of DistrictCourt
   Note

   353.    Jurisdiction of District Court Judges
           Note
   354.    Jurisdiction of District Court in relation to jury trials
   355.    Jurisdiction of Justices
   356.    Jurisdiction of Community Magistrates
   357.    Jurisdiction of Community Magistrates to impose sentence in respect of certain category1 and 2 offences
   358.    Power to impose penalties provided for in Land Transport Act 1998
   359.    Ancillary powers under subpart 3 of Part 5, Costs in Criminal Cases Act 1967, Sentencing Act 2002, and Land Transport Act 1998
   360.    Power of Community Magistrates to decline jurisdiction
   361.    Jurisdiction of Justices and Community Magistrates to take pleas
   362.    Jurisdiction of Justices and Community Magistrates to make and renew interim suppression orders
   362A.   Jurisdiction of Justices and Community Magistrates relating to amendment or withdrawal of charges
   363.    Power to transfer matter to District Court presided over by District Court Judge

   PART 8 - Miscellaneous and transitional provisions

           SUBPART 1 - Costs orders and contempt

   364.    Costs orders
   365.    Contempt of court

           SUBPART 2 - Conservation of the peace

   366.    Application for order for bond to keep the peace
   367.    Making of order for bond
   368.    Form of, and entering into, bond
   369.    Making of order for bond where person charged with offence
   370.    Refusal to enter into bond
   371.    Persons imprisoned in default of finding sureties may be released on death of person for whose protection order made
   372.    Forfeiture of bond

           SUBPART 3 - Miscellaneous provisions

   373.    Registrar who is also constable
   374.    Witnesses' expenses
   375.    Conviction not to be recorded for infringement offences
   376.    Person sentenced, etc, deemed to be convicted
   377.    Restitution of property
   378.    Who may take affidavit
   379.    Proceedings not to be questioned for want of form
   380.    Proceedings not invalid because defendant should have been dealt with in Youth Court
   380A.   Transfer of proceedings commenced in Youth Court back to Youth Court in certain circumstances
   381.    Payment of fees, fines, etc
   382.    Payment and recovery of fees
   383.    Enforcement of fines
   384.    Enforcement of fines imposed or varied by appeal court
   385.    Application of section 168 during epidemic
   385A.   Judge or Registrar may waive certain fees
   386.    Rules
   387.    Regulations
   387A.   Regulations under section 387(1)(i) or (j) are confirmable instruments

           SUBPART 4 - Transitional and savings provisions

   388.    Application of provisions regarding sentence indications to existing proceedings
   389.    Transitional provision regarding terminology in relation to sentence indication provisions
   390.    Transitional provision regarding terminology in relation to public access and restrictions on reporting
   391.    Application of amendments made by section 393
   392.    Transitional provision regarding appeals by members of media
   393.    Consequential amendments relating to public access and restriction on reporting provisions
   394.    Meaning of commencement date
   395.    Cities, boroughs, and other places appointed for District Courts under District Courts Act 1947
   396.    Savings provision in relation to warrants held under section 28B of District Courts Act 1947
   397.    Proceedings commenced before commencement date
   398.    Proceedings commenced after commencement date
   399.    Absconding defendants
   400.    When defendants or proceedings to be heard together under same procedural law
   401.    No proceeding invalid if wrongly conducted in accordance with old law
   402.    Transitional provision regarding withdrawal of warrants to arrest
   403.    Transitional provision regarding dealing with witness arrested under warrant
   403A.   Transitional provision regarding effect of appeal on sentence of home detention
   404.    Transitional provision regarding correction of erroneous sentence
   404A.   Access to court documents
   405.    Limitation periods
   406.    Retrial following acquittal in summary proceedings
   406A.   Savings
   407.    Transitional provision relating to abandonment of appeals to Court of Appeal
   408.    Regulations providing for transitional matters
   409.    Regulations making consequential amendments
   410.    Expiry of sections 408 and 409

           SUBPART 5 - Temporary provisions in respect of COVID-19
           Note

   410A.   Application of temporary provisions in Schedule 1AB

   PART 9 - Amendments to other enactments

   411.    Criminal Justice Act 1985 repealed
   412.    Criminal Justice Regulations 1985 revoked
   413.    Amendments to other enactments
           SCHEDULE 1AA
           SCHEDULE 1AB
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3