Regulatory Systems (Courts) Amendment Bill

Regulatory Systems (Courts) Amendment Bill The Parliament of New Zealand enacts as follows: 1 Title This Act is the Regulatory Systems (Courts) Amendment Act 2024 . 2 Commencement This Act comes into force on the day after Royal assent. However, Part 2 comes into force— a on a date or dates set by Order in Council; but b 12 months after Royal assent, if that Part has not commenced by then. An Order in Council made under subsection (2)(a) is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 3 Principal Act This subpart amends the District Court Act 2016. 4 Section 236 replaced (Access to court information, judicial information, or Ministry of Justice information) Replace section 236 with: 236 Access to court information, judicial information, or Ministry of Justice information 1 Court information (other than permitted information) may only be accessed by a person to the extent provided by, and in accordance with, rules of court. 2 Judicial information may not be accessed only with judicial approval . 3 Ministry of Justice information may be accessed by any person to the extent provided by, and in accordance with, the Official Information Act 1982, the Privacy Act 2020, the Public Records Act 2005, or any other enactment providing for or regulating access to the information. 4 Subsections (1) and (2) are not subject to any other enactment that applies to the provision of, or access to, any information. 5 In this section, court information , judicial information , Ministry of Justice information , and permitted information mean the information described as such in Schedule 1. 5 Principal Act This subpart amends the Senior Courts Act 2016. 6 Section 173 replaced (Access to court information, judicial information, or Ministry of Justice information) Replace section 173 with: 173 Access to court information, judicial information, or Ministry of Justice information 1 Court information (other than permitted information) may only be accessed by a person to the extent provided by, and in accordance with, rules of court. 2 Judicial information may not be accessed only with judicial approval . 3 Ministry of Justice information may be accessed by any person to the extent provided by, and in accordance with, the Official Information Act 1982, the Privacy Act 2020, the Public Records Act 2005, or any other enactment providing for or regulating access to the information. 4 Subsections (1) and (2) are not subject to any other enactment that applies to the provision of, or access to , any information. 5 In this section, court information , judicial information , Ministry of Justice information , and permitted information mean the information described as such in Schedule 2. 6A New section 174A and cross-heading inserted After section 174, insert: Requirements to provide information 174A Courts and tribunals not required to provide information or documents No person may exercise a statutory power to require any court or tribunal to provide any information or document that— a is in the possession or control of the court or tribunal; and b relates to 1 or more specific proceedings in the court or tribunal. 6B Section 175 amended (Requirements that Registrars disclose information) Replace the heading to section 175 with Requirements that Registrars notify registration authorities of certain information . 7 Principal Act This subpart amends the Inspector-General of Defence Act 2023. 8 Section 29 amended (Inspector-General may require provision of information, document, or other thing) Replace section 29(3) with: 3 However, this section does not apply to any information, document, or other thing in the possession or control of— a a specialist court in relation to its judicial functions; or b a tribunal in relation to its judicial functions. 4 In subsection (3)(a) , specialist court means— a the Court Martial Appeal Court: b the Court Martial of New Zealand: c the Employment Court: d the Environment Court: e the Māori Appellate Court: f the Māori Land Court. Guidance note Section 236 of the District Court Act 2016 deals with access to court information and judicial information of the District Court and is not subject to any other enactment relating to the provision of, or access to, any information. Section 173 of the Senior Courts Act 2016 deals with access to court information and judicial information of a senior court and is not subject to any other enactment relating to the provision of, or access to, any information. In section 29(2)(a), delete (subject to subsection (3)) . Repeal section 29(3). 9 Principal Act This subpart amends the Care of Children Act 2004. 10 Section 49C amended (Final parenting orders) In section 49C(1), before Judge , insert Family Court Associate or . 11 New section 128 inserted (Consent orders) Before section 129, insert: 128 Consent orders In any proceedings under this Act, a Family Court Judge or Family Court Associate may make an order with the consent of all of the parties to the proceedings. 12 Principal Act This subpart amends the Family Court Act 1980. 13 Schedule 2 amended In Schedule 2, repeal clause 2. In Schedule 2, replace the heading to clause 3 with Jurisdiction and powers: other enactments . 14 Principal Act This subpart amends the Property (Relationships) Act 1976. 15 Section 25 amended (When court may make orders) Repeal section 25(4A). 16 New section 25A inserted (Consent orders) After section 25, insert: 25A Consent orders 1 In any proceedings under this Act, a Family Court Judge or Family Court Associate may make an order (being an order that the court is empowered to make in the proceedings) with the consent of the parties (a consent order ). 2 Subsection (1) is subject to subsections (3) and (4) . 3 An order may not be made with the consent of the parties unless all requirements in this Act relating to the making of the order are satisfied. 4 A Family Court Associate may not make a consent order under section 38A. 17 Principal Act This subpart amends the Protection of Personal and Property Rights Act 1988. 18 Section 30 amended (Temporary orders) After section 30(8), insert: 9 A Family Court Associate has the jurisdiction, powers, and duties of a Family Court Judge under this section in respect of an application for a temporary order if the Family Court Associate is satisfied on the basis of the information provided in any report received from a lawyer appointed under section 65 or 65A that— a the lawyer appointed to represent the person in respect of whom the application is made has met with the person and carried out their duties under section 65(2) (ab) and (b); and b no one has expressed any opposition to the order being made. 18A Section 63 amended (Service of copy of application required) After section 63(3), insert: 4 A Family Court Associate may exercise the jurisdiction of the court under— a subsection (1)(g); and b subsection (2), except in relation to an application that is made for the exercise of the court’s jurisdiction under— i section 86; or ii section 87; or iii Part 9; or iv Part 9A. 19 Section 65 amended (Appointment of lawyer to represent person in respect of whom application made) Replace section 65(2)(a) with: a contact the person in respect of whom the application is made; and ab explain to the person in respect of whom the application is made the nature and purpose of the application, and ascertain and give effect to that person’s wishes in respect of the application; and 20 New section 79A inserted (Family Court Associates may make orders in undefended applications in certain circumstances) After section 79, insert: 79A Family Court Associates may make orders in undefended applications in certain circumstances 1 This section applies to an undefended application made under— a Part 1 for an order of a kind specified in section 10(1): b section 14 for an interim order under section 10, 11, or 12: c section 31 for the appointment of a manager. 2 The jurisdiction of the court in respect of an undefended application referred to in subsection (1) may be exercised by a Family Court Associate if the requirements in subsection (3) are met. 3 The requirements referred to in subsection (2) are that— a the Family Court Associate is satisfied that the lawyer appointed to represent the person in respect of whom the application is made has met with the person and carried out their duties under section 65(2) (ab) and (b); and b the order sought by the application is consistent with all views expressed to the court (if any), including in any findings or recommendations in any report— i obtained by the court under section 76 or 87; or ii received from a lawyer appointed under section 65 or 65A; and c in the case of an application seeking the provision of any medical treatment or procedure, the Family Court Associate is satisfied that the treatment or procedure will not have a significant impact on the person in respect of whom the application is made. 21 Principal Act This Part amends the Coroners Act 2006. 22 Section 4 amended (Coroner’s role) Replace section 4(1)(e)(iii) with: iii to complete and sign a certificate of findings in relation to the death (if the inquiry is completed and not earlier closed); and 23 Section 8 amended (Overview of this Act) Replace section 8(3) with: 3 Part 3 deals with— a the opening and conduct of inquiries into the causes and circumstances of deaths and, in particular,— i the holding of inquests, and completion of inquiries: ii inquiries or further inquiries ordered by the Solicitor-General or the High Court; and b the closing of inquiries. 24 Section 9 amended (Interpretation) In section 9, insert in its appropriate alphabetical order: nurse practitioner has the meaning given in section 2 of the Burial and Cremation Act 1964 25 Section 28 amended (Any person may access specified certificates and notices) After section 28(1)(a), insert: aa a notice under section 65A of a coroner’s decision to close an inquiry that the coroner has opened; or 26 Section 38 amended (Who may attend post-mortem) In section 38(1)(c), after doctor , insert or nurse practitioner . In section 38(1)(d), after doctor, , insert nurse practitioner, . In section 38(2), after doctor, , insert nurse practitioner, . 27 Section 40 amended (Coroner may require person’s doctor to report) In the heading to section 40, after doctor , insert or nurse practitioner . In section 40(1), after doctor , insert or nurse practitioner in each place. 28 Section 41 amended (High Court may order post-mortem in certain circumstances) In section 41(6)(d), after doctor , insert or nurse practitioner . 29 Section 55 amended (Return on request of retained parts and samples) After section 55(2)(b), insert: c the coroner notifies the Secretary, under section 65A , of the coroner’s decision to close an inquiry. 30 Section 64 amended (Duties of coroner who decides not to open inquiry) In section 64(2)(b), after extent , insert that it is . Replace section 64(2)(b) with: b the cause of death to the extent that it is known; and c a statement that the coroner is satisfied as to the identity of the dead person concerned. In section 64(2A), replace without investigation if the coroner is satisfied that with if the coroner is satisfied, based on the evidence gathered to date, that . Replace section 64(2A)(a) with: a the death appears to have been from natural causes; and Replace section 64(2B) with: 2B The coroner is not required to provide information about the circumstances of the death concerned if the coroner— a takes into account the public interest in the circumstances of the death; and b considers that there is no clear benefit to the public in providing the information. In section 64(3), before person concerned , insert dead . Repeal section 64(3). 31 New section 65A inserted (Coroner may decide to close inquiry despite initial decision) After section 65, insert: 65A Coroner may decide to close inquiry despite initial decision Grounds for closing inquiry 1 A coroner who, after deciding to open an inquiry, becomes satisfied (whether because of information not available at the time of deciding, or for any other reason) of either of the following matters may close the inquiry: a that the death concerned appears to be from natural causes: b that the death concerned appears to be unnatural or violent but— i is not due to the action or inaction of any other person; and ii completion of the inquiry is unlikely to result in recommendations or comments that may reduce the chances of further deaths occurring in circumstances similar to those in which the death occurred. Restrictions on closing inquiry 2 However, a coroner must not close an inquiry under subsection (1) — a that is required to be opened and conducted under section 60; or b on or after the date fixed for an inquest under section 81(1) or (2); or c if the coroner is unsatisfied of the matters in section 92(1). Notification after inquiry closed 3 A coroner who decides to close an inquiry under subsection (1) must notify the Secretary, in an approved form, of the decision. 4 An approved form must contain or have attached to it (as the case requires)— a the coroner’s reasons for the decision to close the inquiry; and b the cause of death to the extent that it is known. 5 The coroner may record the cause of death as presumed natural causes if the coroner is satisfied, based on the evidence gathered to date, that— a the death appears to be from natural causes; and b no further investigation is required to discharge the coroner’s role under this Act. 6 The coroner is not required to provide information about the circumstances of the death concerned if the coroner— a takes into account the public interest in the circumstances of the death; and b considers that there is no clear benefit to the public in providing the information. 7 An approved form must also be accompanied by a written statement as to the identity of the dead person concerned that— a is signed by the person making it; and b shows that the person’s signature has been witnessed either by a constable or by a person (not being a constable) whom the coroner authorised to witness that signature. 8 The coroner’s notification under this section prevails over a certificate of interim findings issued under section 93 in relation to the death concerned. 32 Section 79 amended (Admission and verification of evidence) Replace section 79(3) with: 3 Evidence admitted under subsection (1) for the purposes of an inquiry that is a hearing on the papers need not be in writing or signed if the coroner considers it to be a reliable source of information on the subject to which it relates. In the heading to section 79, delete and verification . After section 79(1), insert: 1A However, for the purposes of an inquiry that is a hearing on the papers, a coroner may only admit evidence that the coroner considers reliable. In section 79(2), replace subsection (1) with subsections (1) and (1A) . Repeal section 79(3). 32A Section 91 amended (Evidence at distance for purposes of inquest) In section 91(4)(b), delete and verification . 33 Section 94 amended (Certificate of and written reasons for findings) Replace section 94(1A) with: 1A The coroner is not required to make findings about the circumstances of the death concerned if the coroner— a takes into account the public interest in the circumstances of the death; and b considers that there is no clear benefit to the public in making findings. 34 Section 94A amended (Chief coroner to monitor inquiries not completed within 1 year) In section 94A, insert as subsection (2): 2 Subsection (1) does not apply if an inquiry is closed under section 65A . 35 Section 94B amended (Chief coroner to publish information regarding certain inquiries for which findings not completed) After section 94B(2), insert: 3 However, this section does not apply to an inquiry closed under section 65A . 36 Section 117 amended (Coroners’ powers and immunities generally) In section 117(6), after under this section , insert or a Justice under section 91 . 37 Section 118 amended (Coroner may call for investigations or examinations or commission reports) After section 118(1)(b), insert: c for the purpose of deciding whether to close an inquiry that has been opened. 38 Section 120 amended (Coroner may by written notice require person to supply information or documents or other things) After section 120(3), insert: 3A However, the information need not comply with the requirements of subsection (3) if the coroner is satisfied it is not reasonably practicable to do so. 39 Section 127 amended (Limits on use of information, etc, given or produced in response to notice under section 120 or obtained through execution of warrant under section 122) Replace section 127(3)(a) with: a on a prosecution of the person for an offence against section 135 (false or misleading evidence); or 40 Section 135 amended (False or misleading statements and omissions in certain documents) In the heading to section 135, replace statements and omissions in certain documents with evidence . Replace section 135(1) with: 1 A person commits an offence if the person— a makes a statement or omits any matter in a document to which subsection (2) applies knowing that, or being reckless as to whether, the statement or omission makes the document false or misleading in a material particular; or b provides evidence under section 79(3) that is not a written statement for the purpose of an inquiry that is a hearing on the papers, knowing that, or being reckless as to whether, the evidence is false or misleading in a material particular. In section 135(2)(a), after doctor’s , insert or a nurse practitioner’s . Replace section 135(2)(b) with: b a witness’s written evidence admitted under section 79(1) 79(1A) : that has been— i put into writing, read over to or by the witness, and signed by the witness; or ii put into writing and read over to or by the witness; or iii put into writing: In section 135(2)(d), replace prepared with given . After section 135(2), insert: 3 A person who commits an offence under subsection (1) is liable on conviction to a fine not exceeding $1,000. 41 Section 137 replaced (Failure or refusal to give report required) Replace section 137 with: 137 Failure or refusal to give report required 1 A pathologist commits an offence and is liable on conviction to a fine not exceeding $1,000 if the pathologist, without reasonable excuse, fails or refuses to give a report required under section 31(6). 2 A doctor or nurse practitioner commits an offence and is liable on conviction to a fine not exceeding $1,000 if the doctor or nurse practitioner, without reasonable excuse, fails or refuses to give a report required under section 40. 42 Section 140 amended (Regulations) In section 140(1)(a), after doctors, , insert nurse practitioners, . 43 Schedule 1 amended In Schedule 1,— a insert the Part set out in the Schedule of this Act as the last Part; and b make all necessary consequential amendments. 44 Principal regulations Sections 45 to 50 amend the regulations that were previously called the Coroners (Doctors Fees) Regulations 2022 (the principal regulations ). 45 Title of principal regulations changed In regulation 1, after Doctors , insert and Nurse Practitioners . 46 Regulation 3 amended (Application) In regulation 3, after report , insert by a doctor . In regulation 3, insert as subclause (2): 2 These regulations apply to a written report by a nurse practitioner under section 40 of the Act if the request for that report is made by a coroner or associate coroner on or after the commencement of section 27 of the Regulatory Systems (Courts) Amendment Act 2024 . 47 Regulation 4 amended (Interpretation) In regulation 4, definition of eligible doctor , replace a district health board with Health New Zealand . In regulation 4, insert in its appropriate alphabetical order: eligible nurse practitioner means a nurse practitioner who is not— a a salaried employee of Health New Zealand; or b otherwise paid by a public service agency to write reports under section 40 of the Act as part of the nurse practitioner’s regular duties 48 New regulation 4A inserted (Transitional, savings, and related provisions) After regulation 4, insert: 4A Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms. 49 Regulation 5 amended (Fee for writing report under section 40 of Act) In regulation 5(1), after doctor , insert or eligible nurse practitioner . 50 New Schedule 1 inserted Insert the Schedule 1 set out in Schedule 2 of this Act as the first schedule to appear after the last regulation of the principal regulations. 51 Principal Act This Part amends the Courts Security Act 1999. 52 Long Title repealed Repeal the Long Title. 53 Section 1 amended (Short Title and commencement) In the heading to section 1, delete Short . 54 New section 1A inserted (Purpose) After section 1, insert: 1A Purpose The purpose of this Act is to provide for— a the security of courts and tribunals; and b the health , safety, and security and safety of the public and others who access and use courts and tribunals; and c the promotion of the orderly operation of courts and tribunals. 55 Section 2 amended (Interpretation) In section 2, insert in its appropriate alphabetical order: head of bench means— a the senior member of a court, tribunal, or constituted dispute-resolution body referred to in section 3(5); or aa the chief coroner; or b a person authorised to act in place of that the person referred to in paragraph (a) or (aa) In section 2, definition of presiding judicial officer , after paragraph (c), insert: ca a Family Court Associate: In section 2, definition of presiding judicial officer , paragraph (e), after coroner , insert or an associate coroner . In section 2, definition of specified offence , paragraph (a)(ii)(A), replace safety or security with health, safety, or security . 56 Section 3 amended (Meaning of court and courtroom) Replace section 3(5)(i) to (k) with: i a coroner or an associate coroner: j the Tenancy Tribunal: k the Waitangi Tribunal: 57 Section 11A amended (Right of public to enter and remain in areas of court open to public) Replace section 11A(1) with: 1 A person may enter and remain in an area of a court that is open to the public if the person complies with all directions given and requirements that apply to the person and that are imposed as specified in any of the following paragraphs: a by the presiding judicial officer in a courtroom where proceedings are being or will be heard: b by the head of bench generally in relation to courtrooms: c by or on behalf of the chief executive, or by a court security officer, elsewhere in the court. 1A If there is no senior member of a court, tribunal, or constituted dispute-resolution body, the members of that court, tribunal, or constituted dispute-resolution body acting together may issue directions or requirements under subsection (1)(b) . After section 11A(2), insert: 2A A person giving a direction or imposing a requirement under subsection (1) must be satisfied that the direction or requirement is reasonably necessary— a to protect the health , safety, or security and safety of persons in the courts; and b in the interests of justice. 2B A person who has not complied with a direction given or a requirement imposed under subsection (1)(a) or (b) may enter (or re-enter) and remain in an area of the court only if the presiding judicial officer considers it is in the interests of justice to permit or require the person to do so. In section 11A(3)(c), replace jurisdiction with powers . 58 Section 12 amended (Power to ask for identification) In the heading to section 12, after identification , insert and information . After section 12(1)(c), insert: d evidence of the person’s compliance with a direction given or requirement imposed under section 11A(1) . 59 Section 13 amended (Power to ask to search) Replace section 13(1)(e) with: e an external examination of the person’s clothes going only as far as necessary to detect items carried on the person, if the officer has reasonable grounds for asking for such a search and the search is carried out by— i a court security officer of the same sex as the person; or ii another court security officer of the same sex as or a different sex to the person, if reasonably requested by the person being searched. 60 Section 18A amended (General power to deny entry to, or remove person from, court) After section 18A(1)(c), insert: d has not complied, or will not comply, with a direction given or requirement imposed under section 11A(1) . After section 18A(1), insert: 1A A court security officer has reasonable grounds for the purposes of subsection (1)(d) if a person does not provide satisfactory evidence when required to provide it under section 12(1)(d) . 1B Subsection (1A) does not limit subsection (1). 61 Section 19A amended (Power to detain in other circumstances) In section 19A(1)(b), replace safety or security with health, safety, or security in each place. 62 Section 20 amended (Powers to seize items and detain persons) In section 20(5A),— a after ensuring the , insert health or ; and a replace safety with health, safety, or security ; and b replace or the security officer with or the officer . 63 Section 22 amended (Consequences of denial of entry to, or removal from, court) Replace section 22(1)(a) and (b) with: a the person— i later complies with the relevant request; and ii complies with any further requests under sections 12(1), 13(1), 15(1), and 17(2); or b the person is permitted or required to enter (or re-enter) the court by the presiding judicial officer under section 11A(2B) . In section 22(1A), replace (c) with (d) . 64 Section 24 amended (Powers not generally applicable to presiding judicial officers and other exempted persons) In the heading to section 24, replace presiding judicial officers and other exempted with specified categories of . After section 24(1)(c), insert: ca Family Court Associates: In section 24(1)(e), after coroners , insert and associate coroners : . In section 24(2), after 23 , insert (other than the power in section 12(1)(a)) . 65 Section 25 amended (Powers not generally applicable to persons in custody of certain agencies) Replace section 25(2) with: 2 A court security officer may exercise or carry out any of the powers or duties in sections 12 to 23 in relation to a person who a court security officer is satisfied is in one of the categories in subsection (1), only if one of the following paragraphs applies to the person: a the person is about to appear before the court— i the officer is authorised to exercise the power or carry out the duty under the terms of a general or specific instruction issued by a Judge or other presiding judicial officer under section 26(2)(a) or (b); or ii the officer is exercising a power under section 29(2): b the person is in a courtroom— i the circumstances in section 28(2)(a) or (b) apply; or ii the officer is exercising a power under section 29(2). In section 25(3), replace section 26 with sections 26 and 28 . 66 Principal regulations Section 67 amends the Courts Security Regulations 2019. 67 Schedule 2 amended In Schedule 2, revoke the item relating to the Accident Compensation Appeal Authority. 68 Principal Act This Part amends the Juries Act 1981. 69 Section 2 amended (Interpretation) In section 2(1), insert in its appropriate alphabetical order: head of bench means,— a in relation to the High Court, the Chief High Court Judge: b in relation to the District Court, the Chief District Court Judge 70 Section 4 amended (Application) In section 4, insert as subsection (2): 2 Nothing in this Act limits or affects the inherent and implied powers of a head of bench or a presiding Judge to regulate the procedure of a court. 71 Section 13 amended (Summoning of jurors) In section 13(1), replace a panel with 1 or more panels . After section 13(1), insert: 1AA A summons issued under subsection (1) may require a panel to attend a court or an alternative location for the purposes of a preliminary selection process. 1AB For the purposes of subsection (1), the Registrar may do 1 or more of the following: a compile multiple panels: b require different panels to attend court, or an alternative location, on different days or at different times on the same day for the purpose of a preliminary selection process: c make up for a shortfall of jurors on 1 panel from another panel. After section 13(2), insert: 2A A person may only be summoned to attend for jury service on a working day. Replace section 13(3) with: 3 A person summoned is liable to serve until the end of the week for which the person was summoned (for example, if a person is summoned on a Tuesday, the person is liable to serve until the end of Friday). In section 13(3A)(d), replace discharged with cancelled . Replace section 13(4) with: 4 Despite subsections (3) and (3A), a juror who is sworn to try 1 or more cases that continue beyond the end of the week for which the juror was summoned must continue to serve until the determination of the case or cases or until discharged by the court. 72 New section 13A inserted (Form and content of summons) After section 13, insert: 13A Form and content of summons 1 A summons issued under section 13(1) (including a replacement summons referred to in section 14C(1)(c)) must be issued in a form that,— a in the case of forms to be used for trials in the High Court, the chief executive and the Chief High Court Judge approve; and b in the case of forms to be used for trials in the District Court, the chief executive and the Chief District Court Judge approve. 2 Different forms may be approved for use in different courts. 3 A summons and replacement summons must include— a the full name and address of the person being summoned; and b the name and address of the court that the person must attend to try 1 or more cases; and c the day and date on which, and time at which the person must attend the court; and d a statement that the person must attend court for the rest of the week in which the person is summoned to attend and that, if sworn to try 1 or more cases that continue beyond the end of that week, the person must continue to serve until the cases are determined or the person is discharged by the court; and e the consequences of failing to attend as required, or of refusing or neglecting to serve; and f a statement that the person may,— i in the case of a summons, apply to have it cancelled, or be permitted to defer or be excused from jury service; or ii in the case of a replacement summons, apply to have the summons cancelled or be excused from jury service; and g the date of issue of the summons; and h the name and title of the person issuing the summons. Additional requirements for replacement summons 4 A replacement summons must also include— a the date on which the person was originally summoned to attend for jury service; and b the date on which the person’s attendance for jury service was deferred; and c the start and end dates of the period for which the person’s jury service was deferred under section 14B(1). 73 Section 18 amended (Selection of jurors) In section 18, delete in the precincts of the court . In section 18, insert as subsection (2): 2 The jury may be selected— a at a court or an alternative location; or b by electronic means. 74 Section 35 amended (Jury rules) Repeal section 35(1)(c)(i). In section 35(1A), delete— a form or ; and b forms or . 75 Principal rules Sections 76 to 88 amend the Jury Rules 1990. 76 Rule 10 amended (Registrar to summon jurors) Revoke rule 10(2). After rule 10(3)(c), insert: d by electronic communication to the juror’s electronic address. 77 Rule 13 amended (Registrar to prepare jury cards) After rule 13(1), insert: 1A However, this rule does not apply to a juror selected after preliminary balloting by electronic means in accordance with rule 15A . 78 Rule 14 replaced (Jurors to assemble in court precincts) Replace rule 14 with: 14 Jurors to assemble in court precincts or alternative location for preliminary balloting Jurors summoned to attend preliminary balloting must do so in the area of the court precincts or at an alternative location designated for the purpose by the Registrar. 79 Rule 15 replaced (Preliminary balloting of jurors) Replace rule 15 with: 15 Preliminary balloting of jurors Preliminary balloting: mandatory attendance 1 If jurors are summoned to attend a preliminary selection process, that process may take place by way of a ballot and any preliminary balloting must take place— a in the area designated under rule 14 ; and b on the day on which the trial or trials are to commence or on a preceding day in that week. 2 The Registrar must (unless subclause (3) or rule 18 applies), in the presence of the jurors and any party who wishes to be present, draw out of the principal ballot box, in a manner that ensures random selection, a sufficient number of jury cards. 3 The available jurors are not required to be in the presence of the Registrar when the Registrar draws the cards if— a it would not be reasonably practicable to meet physical distancing requirements relating to a quarantinable disease if the available jurors were to be in the presence of the Registrar at that time; and b as each card is drawn, the name of the juror on the card is called out; and c arrangements are in place to ensure that any available jurors who are not in the presence of the Registrar at that time are instead in another room or area of the court precincts where they are able to hear each name as it is called out (for example, by audio or audiovisual link). Preliminary balloting: optional or no attendance 4 If jurors have not been summoned to attend preliminary balloting, preliminary balloting must take place— a at a location designated under rule 14 with jurors and parties being able to attend that location; or b at a location designated under rule 14 with jurors and parties being able to observe the process by electronic means (for example, by audio, or audiovisual link); or c by electronic means in accordance with rule 15A without jurors or parties observing the process. 5 Preliminary balloting under subclause (4) may take place in advance of the week during which any trials are to take place. 6 If preliminary balloting takes place under subclause (4)(a) or (b) ,— a jurors and parties may, but are not required, to attend it; and b the Registrar must draw out of the principal ballot box, in a manner that ensures random selection, a sufficient number of jury cards. 7 If preliminary balloting takes place under subclause (4)(a) or (b) in advance of the day or week on or in which trials are to take place, the Registrar must take reasonable steps to ensure that a sufficient number of cards is drawn to enable a jury to be empanelled. Steps after preliminary balloting completed 8 The Registrar must place the cards drawn out of the principal ballot box in accordance with subclause (2) or (6) in the courtroom ballot box. 80 New rule 15A inserted (Preliminary balloting of jurors: electronic selection) After rule 15, insert: 15A Preliminary balloting of jurors: electronic selection 1 If preliminary balloting of jurors is conducted by electronic means, the Registrar must arrange for the electronic selection of a sufficient number of names from the final panel to ensure enough jurors for the period in respect of which the panel is to be used. 2 The selection must be made using a computer program that ensures random selection. 3 The Registrar must ensure that jury cards with the names of the jurors selected are prepared and are placed in the courtroom ballot box. 81 Rule 16 amended (Escorting of jurors to courtroom) Replace rule 16(1) with: 1 If preliminary balloting of jurors takes place out of the courtroom in which the trial or trials are to be held and on the day on which the trial or trials are to be conducted, the Registrar must escort any balloted jurors present in that location to that courtroom. 82 Rule 17 replaced (Balloting of jurors) Replace rule 17 with: 17 Balloting of jurors When preliminary balloting of jurors has been completed, the Registrar must in open court, and in the presence of the parties, draw out of the courtroom ballot box in a manner that ensures random selection a sufficient number of jury cards to constitute the jury. 83 Rule 18 amended (Judge may dispense with preliminary balloting) In rule 18(1) and (2), after rule 15 , insert or 15A . In rule 18(2), replace in such a manner as to ensure with in a manner that ensures . 84 Rule 20 amended (Insufficiency of jurors) In rule 20(a), after rules 15 , insert , 15A , . 85 Rule 21 amended (Excess of jurors) In rule 21, replace rule 15(1) or rule 18(2) with rule 15(2), (6), 15A(1) , or 18(2) . 86 Rule 31 amended (Application of temporary provisions in Schedule 1AA) In rule 31(1), replace 6, 7, and 8 with 6, and 7 . Revoke rule 31(3)(g). 87 Schedule 1AA amended In Schedule 1AA,— a revoke clause 3(1); and b revoke clause 8. 88 Schedule 1 amended In Schedule 1, revoke forms 1 and 1A. 89 Principal Act This subpart amends the Bail Act 2000. 90 Section 27 amended (Bail on adjournment) Replace section 27(2) with: 2 A Registrar may exercise the power to grant bail to a defendant under section 168 of the Criminal Procedure Act 2011. exercise the power conferred by subsection (1) to grant bail if— a the defendant has not been charged with a family violence offence; and b the prosecutor agrees. 3 This section does not affect the powers of a Registrar under sections 167 and 168 of the Criminal Procedure Act 2011 to adjourn a proceeding and continue bail that a judicial officer has previously granted to a defendant until the next court date. 91 Section 30AAA amended (Conditions of bail granted to defendant charged with family violence offence) In section 30AAA, delete or Registrar in each place. 92 Section 33 amended (Variation of conditions of bail) Replace section 33(5)(b) with: b the offence is not a family violence offence; and c the prosecutor agrees. 93 Principal Act This subpart amends the Criminal Disclosure Act 2008. 94 Section 13 amended (Full disclosure) In section 13(3)(c), before address , insert residential . 95 Section 14A amended (Information relating to identification witnesses to be supplied to defendant) In section 14A(2)(a), before address , insert residential . 96 Section 17 amended (Restriction on disclosing address of witness or informant) In the heading to section 17, replace address , with residential and work addresses . Replace section 17(1) and (2) with: 1 This section applies to the following: a information that identifies, or that may lead to the identification of, the address of the place where a witness or an informant lives, including, but not limited to, the postal address, residential address, email address, or phone number of the witness or informant: b information that identifies, or that may lead to the identification of, the address of the place where a witness or an informant works, including, but not limited to, the postal, physical, or email address of the workplace or the work email address or phone number of the witness or informant. Disclosure of residential address 2 The information in subsection (1)(a) may be disclosed to the defendant only if— a the court gives leave to disclose it ; or b it is information in the charge and it is necessary to disclose it to fully and fairly inform the defendant of the charge. Disclosure of workplace address 2A The information in subsection (1)(b) may be disclosed to the defendant only if— a the court gives leave to disclose it; or b it is information that relates to the charge or the case against the defendant, and it is necessary to disclose it to fully and fairly inform the defendant of the charge or the case against the defendant. Repeal section 17(5). 97 Principal Act This subpart amends the Criminal Procedure Act 2011. 97A Section 5 amended (Interpretation) In section 5, insert in its appropriate alphabetical order: family violence offence has the meaning given in section 3 of the Bail Act 2000 97B Section 16A amended (Specifying that offence charged is, or that conviction entered is for, family violence offence) Repeal section 16A(5). 97C Section 168 amended (Dealing with defendant on adjournment) After section 168(1), insert: 1A A Registrar may exercise the power under subsection(1)(a) to allow a defendant to go at large if— a the defendant has not been charged with a family violence offence and the prosecutor agrees; or b the defendant has been charged with a family violence offence, but— i the defendant is currently at large because of a decision of a judicial officer; and ii the prosecutor agrees. 1B A Registrar may exercise the power under subsection (1)(b) to grant the defendant bail under the Bail Act 2000 if— a the defendant has not been charged with a family violence offence and the prosecutor agrees; or b the defendant has been charged with a family violence offence, but— i the defendant is currently on bail because of a decision of a judicial officer; and ii the prosecutor agrees; and iii bail is continued on the same conditions that currently apply to the defendant. 97D Section 168A amended (No-contact conditions if family violence offence defendant remanded in custody) In section 168A(4), repeal the definition of family violence offence . 98 New section 198B inserted (Powers relating to right of public to enter and remain in areas of court) After section 198A, insert: 198B Powers relating to right of public to enter and remain in areas of court 1 Nothing in sections 196 to 198 limits or affects— a any inherent or implied powers of a judicial officer to give directions or impose requirements that must be met by persons entering and remaining in a court: b the powers of a presiding judicial officer, a head of bench, the chief executive (or a person acting on behalf of the chief executive), or a court security officer to give directions or impose requirements under section 11A(1) of the Courts Security Act 1999 that must be met by persons entering and remaining in a court. 2 In subsection (1)(b) ,— chief executive , court security officer , and presiding judicial officer have the same meanings as in section 2 of the Courts Security Act 1999 head of bench means, in relation to— a the Supreme Court, the Chief Justice: b the Court of Appeal, the President of the Court of Appeal: c the High Court, the Chief High Court Judge: d the District Court, the Chief District Court Judge. 99 Section 333 amended (Powers exercisable by Judges of Court of Appeal) In section 333(1), replace section 45 with section 45 or 112 . 100 Principal Act This subpart amends the Criminal Procedure (Mentally Impaired Persons) Act 2003. 101 Section 46 replaced (Access to assessment reports) Replace section 46 with: 46 Access to assessment reports 1 The following persons have access to a report submitted to a court under section 38 and held by the court: a the prosecutor: b the manager or other person in charge of, or a staff member of, a prison to which the subject is sent, whether during any proceedings or in accordance with a sentence imposed on the subject: c a Director of Area Mental Health Services or a staff member of a hospital who requires access to the report for the purposes of the Director’s or staff member’s official duties: d a co-ordinator or a staff member of a facility who requires access to the report for the purposes of the co-ordinator’s or staff member’s official duties: e an officer or employee of the Department of Corrections or of the Ministry of Justice or of the Ministry of Health who requires access to the report for the purposes of the officer’s or employee’s official duties: f a health assessor who,— i in accordance with an order under section 38(1), is to prepare an assessment report; or ii in accordance with a direction under section 39(1), is to provide a second opinion on the subject; or iii is to prepare a report for the purposes of section 88(1) of the Sentencing Act 2002. 2 If, because of an order under section 45(3), a subject may not be shown a part of a report, the subject may not have access to that part of the report under the Official Information Act 1982 or the Privacy Act 2020. 102 Principal Act This subpart amends the Employment Relations Act 2000. 103 Section 128 amended (Reimbursement) In section 128(2) and (3), after the Authority , insert or the court . 104 Section 232 amended (Compilation of wages and time record) In section 232(3), after the Authority , insert or the court . 105 Schedule 3 amended In Schedule 3, clause 15(2), replace Authority with court . 106 Principal Act This subpart amends the Senior Courts Act 2016. 107 Section 20 amended (Associate Judge may exercise certain powers of High Court) Replace section 20(1)(d) with: d case management of, and interlocutory applications in, proceedings under the Admiralty Act 1973: 108 Section 22 amended (Rules conferring on Associate Judges specified jurisdiction and powers of High Court Judge in chambers) Replace section 22(4)(e) with: e an action in rem under the Admiralty Act 1973 (other than in respect of case management or an interlocutory application): 109 Section 111 amended (Appointment of acting Judges of Supreme Court by Governor-General) Repeal section 111(6). 1 New Part 3 inserted into Schedule 1 of the Coroners Act 2006 3 Provisions relating to Regulatory Systems (Courts) Amendment Act Bill 2024 8 Interpretation In this Part,— commencement date means the date on which section 65A of the Coroners Act 2006 comes into force. 9 Application of section 65A to inquiries opened before commencement date An inquiry opened before the commencement date is an inquiry for the purposes of section 65A . 10 References to previous Title of principal regulations A reference in any legislation and in any document to the Coroners (Doctors Fees) Regulations 2022 must, unless the context otherwise requires, be read as a reference to the Coroners (Doctors and Nurse Practitioners Fees) Regulations 2022. 2 New Schedule 1 inserted into Coroners (Doctors Fees) Regulations 2022 1 r 4A Transitional, savings, and related provisions 1 Provision relating to Regulatory Systems (Courts) Amendment Act 2024 1 References to previous Title A reference in any legislation and in any document to the Coroners (Doctors Fees) Regulations 2022 must, unless the context otherwise provides, be read as a reference to the Coroners (Doctors and Nurse Practitioners Fees) Regulations 2022. 1 Transitional, savings, and related provisions