Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698830271949.pdf (New Zealand)
2013/177 Criminal Procedure (Domestic Violence and Harassment Information) Regulations 2013 Jerry Mateparae, Governor-General Order in Council At Wellington this 20th day of May 2013 Present: His Excellency the Governor-General in Council Pursuant to section 387 of the Criminal Procedure Act 2011, His Ex- cellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Contents Title Commencement Interpretation Transmission of entry in permanent court record relating to breach of protection order or restraining order Transmission of entry in permanent court record relating to other offences involving domestic violence or harassment Result of appeal to be notified to relevant court Information about criminal proceedings in domestic violence proceedings Page 2 2 2 3 4 4 5 1 Criminal Procedure (Domestic Violence and Harassment Information) Regulations 2013 2013/177 Information about criminal proceedings in harassment proceedings Amendments to Summary Proceedings Regulations 1958 6 7 Regulations Title These regulations are the Criminal Procedure (Domestic Vio- lence and Harassment Information) Regulations 2013.
Commencement These regulations come into force on 1 July 2013.
Interpretation In these regulations, unless the context otherwise requires,— Act means the Criminal Procedure Act 2011 domestic violence has the same meaning as in section 3 of the Domestic Violence Act 1995 domestic violence offence means an offence against any en- actment (other than the Domestic Violence Act 1995) in any case where— (a) the offence is committed— (i) (ii) by a person against whom a protection order is in force, or in respect of whom proceedings on an application for a protection order are pending, at the time the offence is committed; and against any person who is a protected person (within the meaning of that Act) under that pro- tection order, or whom that application seeks to make a protected person, as the case may be; and the offence consists of or includes conduct that is do- mestic violence (b) harassment offence means an offence against— section 8 of the Harassment Act 1997; or (a) any other enactment in any case where the offence— (b) (i) is committed by a person against whom a re- straining order is in force, or in respect of whom proceedings on an application for a restraining r 1 8 9 1 2 3 (1) 2 2013/177 Criminal Procedure (Domestic Violence and Harassment Information) Regulations 2013 r 4 (ii) (iii) order are pending, at the time the offence is com- mitted; and is committed against a person for whose protec- tion the restraining order was made or has been applied for, as the case may be; and consists of or includes a specified act within the meaning of section 4 of the Harassment Act 1997 protection order has the same meaning as in section 2 of the Domestic Violence Act 1995, and includes any order that is deemed, by section 133(3) of that Act, to be a protection order relevant court,— (a) in relation to an offence against section 49 of the Do- mestic Violence Act 1995 or a domestic violence of- fence, means the court that made a protection order against the person convicted of the offence, and in- cludes a court in which an application for a protection order against the offender is pending: in relation to an offence against section 25 of the Har- assment Act 1997 or an harassment offence, means the court that made a restraining order against the person convicted of the offence, and includes a court in which an application for a restraining order against the of- fender is pending (b) restraining order has the same meaning as in section 2 of the Harassment Act 1997.
(2) Any term that is defined in the Act and used, but not defined, in these regulations has the same meaning as in the Act.
4 (1) (2) Transmission of entry in permanent court record relating to breach of protection order or restraining order If a defendant is convicted of an offence against section 49 of the Domestic Violence Act 1995, the Registrar of the court in which that conviction is entered must, without delay, forward a certified copy of the entry in the permanent court record re- lating to that conviction to the Registrar of the relevant court.
If a defendant is convicted of an offence against section 25 of the Harassment Act 1997, the Registrar of the court in which that conviction is entered must, without delay, forward a cer- 3 r 5 Criminal Procedure (Domestic Violence and Harassment Information) Regulations 2013 2013/177 tified copy of the entry in the permanent court record relating to that conviction to the Registrar of the relevant court.
(3) On receiving a copy forwarded under subclause (1) or (2), the Registrar of the relevant court must cause the copy to be placed on the file relating to the applicable proceedings.
Compare: SR 1958/38 r 15Q 5 (1) (2) Transmission of entry in permanent court record relating to other offences involving domestic violence or harassment If a defendant is convicted of a domestic violence offence or of an harassment offence, a judicial officer may direct the Regis- trar of the court in which that conviction is entered to forward, without delay, a certified copy of the entry in the permanent court record relating to that conviction to the Registrar of the relevant court.
If a defendant is convicted of an offence and the Registrar of the court in which that conviction is entered has reason to be- lieve that the offence is a domestic violence offence or an har- assment offence, the Registrar must, without delay, forward a certified copy of the entry in the permanent court record relat- ing to that conviction to the Registrar of the relevant court.
(3) On receiving a copy forwarded under subclause (1) or (2), the Registrar of the relevant court must cause the copy to be placed on the file relating to the applicable proceedings.
Compare: SR 1958/38 r 15R Result of appeal to be notified to relevant court Subclause (2) applies if,— (a) under regulation 4 or 5, a certified copy of an entry in the permanent court record relating to a conviction for an offence is forwarded to a relevant court; and on any appeal,— (i) (ii) that conviction is set aside; or the sentence imposed in relation to that offence is varied; and in accordance with section 184 of the Act, the Registrar makes, in the entry in the permanent court record relat- ing to that conviction, a note of the decision on appeal.
(b) (c) 6 (1) 4 2013/177 Criminal Procedure (Domestic Violence and Harassment Information) Regulations 2013 r 7 (2) (3) 7 (1) (2) (3) (4) The Registrar must, without delay, forward a copy of the note of the decision on appeal to the Registrar of the relevant court.
If a copy of a note relating to a conviction is forwarded to the relevant court under subclause (2), the Registrar of that court must,— (a) if the conviction has been set aside, remove from the file relating to the applicable proceedings the copy of the entry relating to that conviction; or in any other case, cause the copy of the note to be placed on the file relating to the applicable proceedings.
(b) Compare: SR 1958/38 r 15S Information about criminal proceedings in domestic violence proceedings In this regulation, domestic violence proceedings means an application for a protection order that is pending before a Dis- trict Court or a Family Court or that a District Court or a Fam- ily Court has determined by making a protection order.
This regulation applies if the court in which domestic violence proceedings have been filed or the Registrar of that court has reason to believe that the respondent or associated respondent to the domestic violence proceedings is charged with, or has at any time been convicted of,— (a) (b) a domestic violence offence; or an offence against section 49 of the Domestic Violence Act 1995.
If this regulation applies, the Registrar of the court may— (a) consult the Registrar of the court in which the respond- ent or associated respondent to the domestic violence proceedings is believed to have been charged with or convicted of an offence specified in subclause (2); and request that Registrar to supply available information relating to the charge or conviction.
(b) The information that a Registrar may request under subclause (3)(b) includes, where applicable and without limitation,— (a) the conditions on which bail has been granted to the respondent or associated respondent: a copy of the entry in the permanent court record relat- ing to the conviction.
(b) 5 r 8 Criminal Procedure (Domestic Violence and Harassment Information) Regulations 2013 2013/177 (5) A Registrar to whom a request is made under subclause (3)(b) must, without delay, provide to the requesting Registrar as much of the information requested as the requested Registrar has available to him or her.
Compare: SR 1958/38 r 15T 8 (1) (2) (3) (4) Information about criminal proceedings in harassment proceedings In this regulation, harassment proceedings means an appli- cation for a restraining order that is pending before a District Court or that a District Court has determined by making a re- straining order.
This regulation applies if the court in which harassment pro- ceedings have been filed, or the Registrar of that court, has reason to believe that the respondent or associated respondent to the harassment proceedings is charged with, or has at any time been convicted of,— (a) (b) an harassment offence; or an offence against section 25 of the Harassment Act 1997.
If this regulation applies, the Registrar of the court may— (a) consult the Registrar of the court in which the respond- ent or associated respondent to the harassment proceed- ings is believed to have been charged with or convicted of an offence specified in subclause (2); and request that Registrar to supply available information relating to the charge or conviction.
(b) The information that a Registrar may request under subclause (3)(b) includes, where applicable and without limitation,— (a) the conditions on which bail has been granted to the respondent or associated respondent: a copy of the entry in the permanent court record relat- ing to the conviction.
(b) (5) A Registrar to whom a request is made under subclause (3)(b) must, without delay, provide to the requesting Registrar as much of the information requested as the requested Registrar has available to him or her.

Compare: SR 1958/38 r 15U 6 2013/177 Criminal Procedure (Domestic Violence and Harassment Information) Regulations 2013 Explanatory note 9 (1) (2) (3) Amendments to Summary Proceedings Regulations 1958 This clause amends the Summary Proceedings Regulations 1958.
In regulation 2, revoke the definitions of domestic violence, domestic violence offence, harassment offence, protection order, relevant court, and restraining order.

Revoke regulations 15Q to 15U.

Rebecca Kitteridge, Clerk of the Executive Council.

Explanatory note This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 1 July 2013, prescribe certain matters for the purposes of the Criminal Procedure Act 2011 (the principal Act).

Regulations 4 to 8 re-enact, without substantive change, existing regulations in the Summary Proceedings Regulations 1958.
The regulations provide for the transfer of information about certain offences from courts exercising criminal jurisdiction to Family Courts and District Courts for the purposes of proceedings under the Domestic Violence Act 1995 and the Harassment Act 1997.

Regulation 9 revokes those existing regulations (and the associated definitions) that are being re-enacted in these regulations.
7 Criminal Procedure (Domestic Violence and Harassment Information) Regulations 2013 2013/177 Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 23 May 2013.

These regulations are administered by the Ministry of Justice.

12 8 Wellington, New Zealand: Published under the authority of the New Zealand Government—2013