District Courts Amendment Act (No 2) 2011

1: Title
This Act is the District Courts Amendment Act (No 2) 2011.
2: Commencement
This Act comes into force on the day that is 2 years after the date on which this Act receives the Royal assent unless it is brought into force on an earlier date appointed by the Governor-General by Order in Council. Section 2 brought into force 1 July 2013 District Courts Amendment Act (No 2) 2011 Commencement Order 2013
3: Principal Act amended
This Act amends the District Courts Act 1947 OIC SR 2013/164 2013-07-01 District Courts Act 1947 brought into force on an earlier date appointed by the Governor-General by Order in Council. Note: Sections 6 to 11. (spoke to Cathy on this one). These sections will need to be read as individual, as they have a “not in force” on what to amend on the date that the section comes into force” and also a “is in force on that date that the section comes into force with different amendments”. comments have been inserted above these sections for extra precaution.
4: New section 5B inserted
The following section is inserted after section 5A
5B: Appointment of jury trial Judges
1: The Governor-General must, by warrant, appoint sufficient Judges to exercise the criminal jurisdiction of the courts in respect of jury trials under the Criminal Procedure Act 2011
2: The fact that a Judge is appointed under this section does not limit or affect the power of that Judge to exercise any other jurisdiction of the court or the powers of a Judge. 1947 No 16 s 28B .
5: New sections 11CA to 11CE inserted
The following sections are inserted after section 11C
11CA: No proceeding against Community Magistrate unless he or she acted without jurisdiction
1: No proceeding may be commenced against any Community Magistrate for any act done by him or her, unless he or she has exceeded his or her jurisdiction or has acted without jurisdiction.
2: If a warrant to seize property or warrant of commitment is granted by a Community Magistrate in good faith in reliance on a conviction or order entered or made by 1 or more Justices or 1 or more Community Magistrates, no proceeding may be commenced against the Community Magistrate who granted the warrant by reason of any defect in the conviction or order, or by reason of any want of jurisdiction in the Justice or Justices or Community Magistrate or Community Magistrates who entered or made it. 1927 No 37 ss 341, 344, 345, 348; 1957 No 87 s 193
11CB: No proceeding against Community Magistrate to be commenced in District Court
No proceeding against any Community Magistrate by any person claiming to have been injured by an act done by the Community Magistrate in excess of jurisdiction or without jurisdiction may be commenced in a District Court. 1927 No 37 s 353; 1957 No 87 s 194
11CC: Onus of proof
In any proceeding commenced against a Community Magistrate by a person claiming to have been injured by an act done by the Community Magistrate in excess of jurisdiction or without jurisdiction, the onus of proving the excess or want of jurisdiction lies on the person alleging it. 1927 No 37 s 365; 1957 No 87 s 195
11CD: Plaintiff may be ordered to give security for costs
1: This section applies to any proceeding commenced against a Community Magistrate by a person claiming to have been injured by an act done by the Community Magistrate in excess of jurisdiction or without jurisdiction.
2: The High Court or any Judge of that Court, on application by the Community Magistrate at any time before the day fixed for the trial of the proceeding, may order the plaintiff to give security for the costs of the proceeding to the satisfaction of the Registrar of the High Court in a sum not exceeding $500.
3: If security is ordered to be given, the Court or Judge may direct that in the meantime all proceedings are stayed. 1927 No 37 ss 357, 359; 1957 No 87 s 196
11CE: Indemnity to Community Magistrate
1: Subsection (2) applies to any Community Magistrate against whom a judgment has been entered to pay damages or costs to any person injured as a result of any act done by the Community Magistrate in excess of jurisdiction or without jurisdiction.
2: The Community Magistrate must be indemnified by the Crown to the full amount of the judgment if he or she produces a certificate signed by a Judge of the High Court stating that, in the Judge's opinion,—
a: the Community Magistrate acted in good faith under the belief that he or she had in fact jurisdiction; and
b: in all the circumstances the Community Magistrate ought fairly and reasonably to be excused.
3: Subsections (4) and (5) apply if a Community Magistrate settles a claim against him or her by paying or agreeing to pay an agreed amount of damages or costs before proceedings are commenced, or before or during trial of the proceeding.
4: The Community Magistrate must be indemnified by the Crown to the full amount of the amount paid or agreed to be paid if he or she produces a certificate signed by a Judge of the High Court stating that, in the Judge's opinion,—
a: the Community Magistrate acted in good faith under the belief that he or she had in fact jurisdiction; and
b: in all the circumstances the Community Magistrate ought fairly and reasonably to be excused; and
c: the amount paid or agreed to be paid was fair and reasonable.
5: If the High Court Judge is not satisfied of the matter in subsection (4)﻿(c), the Judge may issue the certificate in respect of any lesser sum that in the Judge's opinion is adequate to settle the plaintiff's claim, and in that case the Community Magistrate must be indemnified by the Crown to the amount specified in the certificate.
6: Application for a certificate under any of subsections (2), (4), or (5) may be made by a Community Magistrate at any time to a Judge in Chambers, and the Judge has power to grant the certificate after considering all evidence that is given before him or her either orally or in the form of affidavits.
7: A copy of the application must be served by the Community Magistrate on the Attorney-General, who is entitled to appear and oppose it. 1957 No 87 s 197 .
6: Principal Act amendments taking into account section 14 of District Courts Amendment Act 2011
1: If section 14
a: section 84C(2)﻿(c) section 46 of the Summary Proceedings Act 1957 section 168 Criminal Procedure Act 2011
b: new section 84EA(5)﻿(c) section 14 section 46 of the Summary Proceedings Act 1957 section 168 Criminal Procedure Act 2011
c: subsection (2) of this section is repealed.
2: 2013-07-01 District Courts Amendment Act 2011 Sections 14, 19 & 23 were not in force on 1 July 2013, therefore the amendments made by s 6(1)﻿(b) etc must be made to the District Courts Amendment Act 2011 2013-07-01 District Courts Amendment Act (No 2) 2011 See s 6(1)﻿(c) etc. Section 6(2) repealed 1 July 2013
7: Principal Act amendment further taking into account section 14 of District Courts Amendment Act 2011
1: If section 14
a: section 84C(2)﻿(d) constable Police employee
b: subsection (2) of this section is repealed.
2: Section 7(2) repealed 1 July 2013
8: Amendment to principal Act taking into account section 19 of District Courts Amendment Act 2011
1: If section 19
a: section 84K(1) summary
b: subsection (2) of this section is repealed.
2: Section 8(2) repealed 1 July 2013
9: Principal Act: first amendment taking into account section 23 of District Courts Amendment Act 2011
1: If section 23
a: section 84O(6)﻿(b) section 46 of the Summary Proceedings Act 1957 section 168 Criminal Procedure Act 2011
b: new section 84OB(3)﻿(d) section 23 section 46 of the Summary Proceedings Act 1957 section 168 Criminal Procedure Act 2011
c: subsection (2) of this section is repealed.
2: Section 9(2) repealed 1 July 2013
10: Principal Act: second amendment taking into account section 23 of District Courts Amendment Act 2011
1: If section 23
a: section 84O(6)﻿(c) constable Police employee
b: subsection (2) is repealed.
2: Section 10(2) repealed 1 July 2013
11: Principal Act: third amendment taking into account section 23 of District Courts Amendment Act 2011
1: If section 23
a: section 84O(7) on an information
b: section 84O(8) on an information
c: section 23 section 84O(6) on an information before a Judge alone in relation to a charge
d: subsection (2) of this section is repealed.
2: Section 11(2) repealed 1 July 2013
12: Further amendments to principal Act
The principal Act is amended as set out in the Schedule