New Zealand Acts

CRIMINAL PROCEDURE ACT 2011 - SECT 5

5 Interpretation

In this Act, unless the context otherwise requires,—  
"before the trial" means—  

a) in the case of a Judge-alone trial, before the proceedings under section 105 begin; and

b) in the case of a jury trial, before the defendant is given in charge to the jury

"category 1 offence" ,
"category 2 offence" ,
"category 3 offence" , and
"category 4 offence" have the meanings given to them in section 6   
"constable" has the meaning given to it in section 4 of the Policing Act 2008     
"court" means a court presided over by a judicial officer with authority to exercise the court's jurisdiction in relation to the matter    
"Crown organisation" has the same meaning as in section 4 of the Crown Organisations (Criminal Liability) Act 2002     
"Crown prosecution" means a prosecution of a kind specified in regulations made under section 387 other than a private prosecution    
"Crown prosecutor" means—  

a) a Crown solicitor or a lawyer representing a Crown solicitor; or

b) any other lawyer employed or instructed by the Solicitor-General to conduct a Crown prosecution

"Crown solicitor" means a lawyer holding a warrant of appointment as a Crown solicitor from the Governor-General  
"defendant" means any person charged with an offence; and includes—  

a) a person against whom proceedings have been commenced by filing a charging document in relation to an offence in any category; and

b) a Crown organisation, if proceedings are brought against it for an offence referred to in section 6 of the Crown Organisations (Criminal Liability) Act 2002 ; and

c) a person in respect of whom an application is made under subpart 2 of Part 8

"document" —

a) means a document in any form (including, without limitation, a document in an electronic form); and

b) includes, without limitation, any of the following:

i) any writing on any material:

ii) information recorded or stored by means of a tape recorder, computer, or other device:

iii) material subsequently derived from information recorded or stored in the manner described in subparagraph (ii):

iv) labels, markings, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:

v) books, maps, plans, graphs, or drawings:

vi) photographs, films, negatives, tapes, or any other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced

"electronic" includes electrical, digital, magnetic, optical, electromagnetic, biometric, and photonic  
"evidence based on national security information" has the meaning given to it in section 5A     
"formal statement" has the meaning given to it in section 82     
"hearing" includes a trial    
"imprisonable offence" means,—  

a) in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment:

b) in the case of a body corporate, an offence that would be punishable by imprisonment for life or by a term of imprisonment if the offence were committed by an individual

"infringement offence" has the meaning given to it in section 2 of the Summary Proceedings Act 1957   
"Judge-alone trial" means a trial in accordance with subparts 1 and 3 of Part 4 and any other applicable provision of Part 5     
"judicial officer" means a High Court Judge, a District Court Judge, a Community Magistrate, or a Justice of the Peace    
"jury trial" means a trial in accordance with subparts 2 and 3 of Part 4 and any other applicable provision of Part 5     
"Justice" means a Justice of the Peace    
"lawyer" means a person who holds a current practising certificate as a barrister or as a barrister and solicitor under the Lawyers and Conveyancers Act 2006     
"level of trial court" , in relation to a proceeding, means either the High Court or the District Court as determined under section 71, 72, 73, or 74 , as the case may be    
"national security information" has the meaning given to it in section 4 of the Security Information in Proceedings Act 2022     
"national security interests" has the meaning given to it in section 4 of the Security Information in Proceedings Act 2022     
"permanent court record" means the permanent court record referred to in section 184     
"Police employee" has the meaning given to it in section 4 of the Policing Act 2008     
"private prosecution" means a proceeding against a defendant in respect of an offence that is not—  

a) a public prosecution; or

b) a proceeding in respect of an offence commenced by or on behalf of a local authority, or other statutory public body or board,—

and
"private prosecutor" has a corresponding meaning  
"prosecutor" means the person who is for the time being conducting the case against the defendant in accordance with section 10     
"protocol offence" means a category 2 or 3 offence that is covered by the protocol established under section 66     
"public prosecution" means a proceeding in respect of an offence that is commenced by or on behalf of the Crown, and includes a proceeding in respect of an offence that is commenced by or on behalf of a Crown entity within the meaning of section 7 of the Crown Entities Act 2004     
"Registrar" means the Registrar of a court; and includes a Deputy Registrar    
"representative" , in relation to a corporation, means a person duly appointed by the corporation to represent it to do any act or thing specified by the corporation for the purposes of this Act    
"rules of court" means rules made under section 386 of this Act, section 148 of the Senior Courts Act 2016 , and section 228 of the District Court Act 2016 , or any of those enactments    
"special plea" means a plea referred to in section 45(1)     
"trial" ,—  

a) in subpart 1 of Part 4, means a Judge-alone trial:

b) in subpart 2 of Part 4, means a jury trial:

c) in the other provisions of this Act, means a Judge-alone trial or jury trial

"trial court" means, in any particular case, the court before which the defendant, in accordance with subpart 6 of Part 3 , is to be tried  
"victim" has the meaning given to it in section 4 of the Victims' Rights Act 2002     
"working day" means a day of the week other than—  

a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and

b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

c) a day in the period commencing on 25 December in any year and ending with 15 January in the following year.

Note: 1957 No 87 s 2

History: Section 5 evidence based on national security information: inserted, on 28 November 2023, by section 13 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).   Section 5 imprisonable offence: inserted, on 1 July 2013, by section 4 of the Criminal Procedure Amendment Act 2013 (2013 No 25).     Section 5 level of trial court: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).     Section 5 national security information: inserted, on 28 November 2023, by section 13 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).     Section 5 national security interests: inserted, on 28 November 2023, by section 13 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).     Section 5 rules of court: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).     Section 5 rules of court: amended, on 1 March 2017, by section 183(b) of the Senior Courts Act 2016 (2016 No 48).     Section 5 working day: replaced, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).     Section 5 working day paragraph (a): replaced, on 12 April 2022, by wehenga 7 o Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 / section 7 of the Te Kāhui o Matariki Public Holiday Act 2022 (2022 No 14).