New Zealand Acts

CRIMINAL PROCEDURE ACT 2011 - SECT 26

26 Private prosecutions

1 If a person who is proposing to commence a private prosecution seeks to file a charging document, the Registrar may—

a) accept the charging document for filing; or

b) refer the matter to a District Court Judge for a direction that the person proposing to commence the proceeding file formal statements, and the exhibits referred to in those statements, that form the evidence that the person proposes to call at trial or such part of that evidence that the person considers is sufficient to justify a trial.

2 The Registrar must refer formal statements and exhibits that are filed in accordance with subsection (1)(b) to a District Court Judge, who must determine whether the charging document should be accepted for filing.

3 A Judge may issue a direction that a charging document must not be accepted for filing if he or she considers that—

a) the evidence provided by the proposed private prosecutor in accordance with subsection (1)(b) is insufficient to justify a trial; or

b) the proposed prosecution is otherwise an abuse of process.

4 If the Judge determines under subsection (2) that the charging document should not be accepted for filing, the Registrar must—

a) notify the proposed private prosecutor that the charging document will not be accepted for filing; and

b) retain a copy of the proposed charging document.

5 Nothing in this section limits the power of a Registrar to refuse to accept a charging document for want of form.