Criminal Disclosure Act 2008

• Jurisdiction: New Zealand
• Citation: 2008 No 38
• Reference: 2008 No 38
• Record Number: DLM1378802
• Act Number: 38
• Type of Document: Act

Contenidos

• Criminal Disclosure Act 2008
• Contents
• 1 Title
• 2 Commencement
• 3 Purpose and overview
• 4 Application of Act
• 5 Act binds the Crown
• 6 Interpretation
• 7 Meaning of court and Judge
• 8 Meaning of relevant
• 9 Time of commencement of criminal proceedings
• 10 Service
• 11 Exercise of defendant's rights and duties by defendant's counsel
• 12 Initial disclosure
• 13 Full disclosure
• 14 Request for additional disclosure
• 14A Information relating to identification witnesses to be supplied to defendant
• 15 Prosecutor not required to record information or to obtain information for sole purpose of disclosure
• 16 Reasons for withholding information
• 17 Restriction on disclosing address of witness or informant
• 18 Trade secrets may be withheld
• 19 Inspection of exhibit by defendant
• 20 Notice to defendant of disclosure requirements in sections 22 and 23
• 21 Notice to defendant of disclosure requirement in section 176 of Summary Proceedings Act 1957
• 22 Notice of alibi
• 23 Disclosure by defendant of evidence to be given by expert witness
• 24 Application for non-party disclosure hearing
• 25 Determination of application for non-party disclosure hearing
• 26 Service of application and summons if application for hearing granted
• 27 Non-party disclosure hearing
• 28 Procedure if Judge subsequently satisfied that another person holds information sought
• 29 Determination of court following non-party disclosure hearing
• 30 Court order for disclosure of information
• 31 Court order setting conditions for inspection of exhibit
• 32 Court may make orders setting out timetable for disclosure
• 33 Appeals
• 34 Undisclosed information
• 34A Information disclosed late by defendant
• 35 Certain applications must be on notice
• 36 Regulations
• 37 Amendment to Local Government Official Information and Meetings Act 1987
• 38 Amendment to Official Information Act 1982
• 39 Amendments to Privacy Act 1993
• 40 Other amendments and repeals
• 41 Transitional provision
• 42 This Act not to limit or affect other enactments relating to availability of information
• Schedules
• 1 Enactments amended
• Children, Young Persons, and Their Families Act 1989 (1989 No 24)
• Crimes Act 1961 (1961 No 43)
• Summary Proceedings Act 1957 (1957 No 87)
• 2 Enactments repealed
• Crimes Amendment Act 1973 (1973 No 118)
• 1 General
• 2 Legal status
• 3 Editorial and format changes
• 4 Amendments incorporated in this consolidation

Criminal Disclosure Act 2008

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.

Contents

1 Title

This Act is the Criminal Disclosure Act 2008.

2 Commencement

This Act comes into force on a date to be appointed by the Governor-General by Order in Council.

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Section 2(1): Criminal Disclosure Act 2008 brought into force, on 29 June 2009, by clause 2 of the Criminal Disclosure Act Commencement Order 2009 (SR 2009/130).

Section 2(2): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Preliminary provisions

3 Purpose and overview

The purpose of this Act is to promote fair, effective, and efficient disclosure of relevant information between the prosecution and the defence, and by non-parties, for the purposes of criminal proceedings.

A general overview of the disclosure regime set out in this Act is set out in diagrammatic form below.

Section 3(2) flowchart: amended, on 14 November 2018, by section 110 of the Courts Matters Act 2018 (2018 No 50).

Section 3(2) flowchart: amended, on 1 July 2013, by section 8 of the Criminal Disclosure Amendment Act 2011 (2011 No 86).

4 Application of Act

This Act applies to all criminal proceedings that are commenced on or after the date on which this Act comes into force.

This section is subject to section 41.

5 Act binds the Crown

This Act binds the Crown.

Interpretation provisions

6 Interpretation

In this Act, unless the context otherwise requires,—

brief of evidence means—

1. a written statement, whether signed or unsigned, made by a witness that is intended to be used by the prosecutor or the defendant for the purpose of a hearing or trial; and

2. a document prepared by the prosecutor or the defendant from a statement or statements made by a witness and that is intended to be used by the prosecutor or the defendant as the basis for eliciting the testimony of the witness at a hearing or trial

child means a child as defined in section 2(1) of the Oranga Tamariki Act 1989

counsel means a barrister and solicitor as those terms are defined in section 2(1) of the Law Practitioners Act 1982

court has the meaning given to it in section 7

criminal proceedings—

means—

1. proceedings for an offence for which a conviction may be entered, or for an infringement offence; and

2. proceedings before the Youth Court where a child or young person is charged with an offence; and

2. includes any appeal against conviction or sentence; but

does not include—

1. any matter ancillary to proceedings (for example, an application for bail or an application for name suppression or an application under section 79 or 101 of the Criminal Procedure Act 2011); or

2. any proceedings under the Armed Forces Discipline Act 1971 or any other enactment for any other offence under military law

evidence in support of an alibi means evidence tending to show that, by reason of the presence of the defendant at a particular place or in a particular area at a particular time, the defendant was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission

exhibit means an article or object of any kind that is capable of being produced as evidence on behalf of either the prosecutor or the defendant

expert witness includes a person who will give opinion evidence of a medical, scientific, or technical nature

informant means a person who...