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County Court Criminal Procedure Rules 2019
Part 6Miscellaneous 42
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Part 6—Miscellaneous 42
2A.28 Exercise of powers without oral hearing 42
2A.29 Review by Judge of judicial registrar determinations 42
2A.30 Judicial registrar may act for another 44
Order 2B—Interpreters 45
2B.01 Definitions 45
2B.02 Application of this Order 45
2B.03 When interpreters may be engaged 46
2B.04 Who may act as an interpreter 49
2B.05 Functions of interpreters 51
2B.06 Code of Conduct 52
2B.07 Translated evidence 52
2B.08 Court may give directions concerning interpreters 53
Order 3—Appeals to County Court under Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 56
3.01 Definition 56
3.01.1 Application of this Order 56
3.02 Notice of appeal by offender 56
3.03 Appeals by DPP against sentence or failure to fulfil undertaking 57
3.04 Registrar to fix date or hearing of appeal 58
3.05 Abandonment of appeal 58
3.06 Written notice of abandonment of appeal—conviction only 58
3.07 Application to set aside an order striking out appeal for failure to appear 59
3.08 Recording and notification of result of appeal 59
Order 4—Appeals to County Court from Children's Court 61
4.01 Application of this Order 61
4.02 Notice of appeal by offender 61
4.03 Appeals by DPP against sentence 62
4.03.1 Appeals by DPP, Attorney-General or Secretary under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 62
4.04 Registrar to fix date or hearing of appeal 63
4.05 Abandonment of appeal 63
4.06 Written notice of abandonment of appeal—conviction only 63
4.07 Application to set aside an order striking out appeal for failure to appear 64
4.08 Recording and notification of result of appeal 64
Order 5—Fine enforcement 66
Part 1—Sentencing Act 1991 66
5.01 Proper officer 66
5.02 Application 66
5.03 Stay of enforcement or execution 70
5.04 Consideration of application 71
5.05 Order and notice 71
5.06 Enforcement of fine against a natural person 71
5.07 Enforcement of fine against body corporate 72
5.08 Bail—undertaking to attend 72
5.09 Warrant of commitment 72
Part 2—Sheriff Act 2009 73
5.10 Application for reinstatement of certain money warrants 73
5.11 Filing and service of summons 73
Order 5A—Evidence (Miscellaneous Provisions) Act 1958 74
5A.01 Application of Order 74
5A.02 Form of notice of application for leave 74
5A.03 Form of notice to protected person 74
5A.04 Declaration by proposed recipient of subpoena 74
5A.05 Disposal of documents produced by proposed recipient of subpoena 74
Order 6—Major Crime (Investigative Powers) Act 2004 76
6.02 Application to determine legal professional privilege 76
6.03 Warrant for arrest 76
6.04 Filing for documents 76
Order 7—Identity crime 77
7.01 Identity crime certificate 77
7.02 Notice to prosecutor to assist 77
Order 8—Community correction orders 78
8.01 Application to deal with community correction order under section 48M of the Sentencing Act 1991 78
8.02 Application for review of direction by Secretary under Division 3 of Part 3C of the Sentencing Act 1991 78
Order 9—Open Courts Act 2013 79
9.02 Notice of application for suppression order 79
Order 10—Sex Offenders Registration Act 2004 80
10.02 Application for registration exemption order 80
Order 11—Serious Offenders Act 2018 82
11.02 Application of Order 82
11.03 Application for supervision order and renewal of supervision order 82
11.04 Supervision order 82
11.05 Notice of application for declaration that a condition is a restrictive condition 82
11.06 Notice of application to extend intensive treatment and supervision condition 82
11.07 Notice of application for interim supervision order and extension of interim supervision order 83
11.08 Interim supervision order and order extending interim supervision order 83
11.09 Notice of application for review of orders 83
11.10 Application for leave to review supervision order 83
11.11 Notice of application for review of conditions of supervision order or interim supervision order 83
11.12 Notice of application for review of intensive treatment and supervision condition 84
11.13 Order for a person to attend for examination 84
11.14 Notice of intention to dispute report 84
11.15 Filing of documents 84
Order 12—Procedure under the Vexatious Proceedings Act 2014 85
12.02 Application for leave to proceed under limited litigation restraint order 85
12.03 Application for leave to proceed under extended litigation restraint order 85
12.04 Application for leave to proceed under general litigation restraint order 86
12.05 Notice of application for leave to proceed 86
Form 1A—Notice that legal practitioner acts 87
Form 1B—Notice that legal practitioner has ceased to act 88
Form 1C—General application 90
Form 1D—Subpoena to attend to give evidence 92
Form 1E—Subpoena to produce 95
Form 1EA—Subpoena both to attend to give evidence and to produce 101
Form 1F—Subpoena to give evidence (New Zealand) 107
Form 1G—Subpoena to produce documents (New Zealand) 113
Form 1H—Subpoena to give evidence and produce documents (New Zealand) 122
Form 1I—Short service order—subpoena 131
Form 2A—Notice to accused under section 171 of the Criminal Procedure Act 2009 132
Form 2C—Warrant to arrest 136
Form 2D—Notice of alibi 138
Form 2E—Application for order to take evidence from a witness before trial 139
Form 2F—Notice of intention to plead guilty to one or more remaining charges in indictment 141
Form 2G—Application to transfer summary offence that is not a related summary offence 143
Form 2H—Request for certificate for interlocutory appeal 145
Form 2I—Court interpreters' Code of Conduct 147
Form 3A—Notice of appeal 150
Form 3B—Information for appellant 152
Form 3C—Notice of appeal by DPP against *sentence imposed by Magistrates' Court/*failure of person to fulfil undertaking 154
Form 3D—Notice of abandonment of appeal 156
Form 3E—Written notice of abandonment of appeal—conviction only 158
Form 3F—Application to set aside order striking out appeal for failure to appear 160
Form 4A—Notice of appeal against decision of Children's Court 162
Form 4B—Notice of appeal by DPP against sentence imposed by Children's Court 164
Form 4BA—Notice of appeal against orders under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 imposed by Children's Court 166
Form 4C—Notice of abandonment of appeal against decision of Children's Court 168
Form 4D—Written notice of abandonment of appeal—conviction only—section 430C(3) of the Children, Youth and Families Act 2005 170
Form 4E—Application to set aside order striking out appeal for failure to appear 172
Form 5A—Application for instalment order and other orders 174
Form 5AB—Application for variation or cancellation of instalment order or time to pay order 176
Form 5B—Fine conversion order under Sentencing Act 1991 178
Form 5BA—Fine default unpaid community work order under Sentencing Act 1991 180
Form 5C—Notice about the procedure for enforcement of fines 182
Form 5CA—Application to vary fine conversion order or fine default unpaid community work order 184
Form 5D—Warrant to arrest for failure to pay fine 186
Form 5E—Summons for failure to pay fine 188
Form 5F—Notice about the procedure for enforcement of fines 190
Form 5G—Warrant of commitment 191
Form 5H—Summons—application under section 28 of the Sheriff Act 2009 193
Form 5BB—Notice of intention to apply under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 194
Form 5BC—Notice to protected person of application for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 196
Form 5BD—Declaration by proposed recipient of the subpoena—physical production 199
Form 6A—Application to determine legal professional privilege 201
Form 6B—Warrant for arrest of witness 202
Form 7A—Identity crime certificate 204
Form 7B—Notice to appear under section 89H of the Sentencing Act 1991 205
Form 8A—Application under section 48N(1) of the Sentencing Act 1991 206
Form 8B—Application under section 83AY of the Sentencing Act 1991 for review of a decision of the Secretary 208
Form 9A—Notice of application for suppression order 210
Form 10A—Application for registration exemption order 211
Form 11A—Notice of application for supervision order 213
Form 11B—Notice of application for renewal of supervision order 216
Form 11C—Supervision order 219
Form 11D—Notice of application for declaration that condition is a restrictive condition 222
Form 11E—Notice of application for extension of an intensive treatment and supervision condition 224
Form 11F—Notice of application for interim supervision order 226
Form 11G—Notice of application for extension of interim supervision order 229
Form 11H—Interim supervision order 232
Form 11I—Order extending interim supervision order 235
Form 11J—Notice of application by Secretary for review of supervision order 236
Form 11K—Notice of application for leave to apply for review of supervision order 237
Form 11L—Notice of application for review of supervision order on ground of statutory amendments to core conditions 238
Form 11M—Notice of application for leave to apply for review of conditions of supervision order or interim supervision order 240
Form 11N—Notice of application by Secretary for review of intensive treatment and supervision condition 242
Form 11O—Order to attend for examination 243
Form 11P—Notice of intention to dispute assessment, progress report or other report to Court 244
Form 12A—Application for leave to make or continue interlocutory application in proceeding by person subject to limited litigation restraint order 245
Form 12B—Application for leave to continue proceeding by person subject to extended litigation restraint order 247
Form 12C—Application for leave to commence proceeding by person subject to extended litigation restraint order 249
Form 12D—Application for leave to continue proceeding by person subject to general litigation restraint order 251
Form 12E—Application for leave to commence proceeding by person subject to general litigation restraint order 253
Form 12F—Notice of application for leave to proceed 255