In any case referred to in section 168(1) of the Criminal Procedure Act 2011 (which relates to dealing with a defendant on adjournment), a judicial officer may grant the defendant bail under this section.

A Registrar may exercise the power conferred by subsection (1) to grant bail if the prosecutor agrees.

If the defendant is granted bail under section 27 but the defendant is not released within the period specified in section 31(3)(a), a judicial officer or Registrar may—

A defendant who is bailable as of right must, if the defendant so requests, be brought before a court for the purpose of making an application for bail if—

The application may be granted as if it were an application made at the time at which the defendant was remanded.

If bail is granted under this section, the particulars required to be certified by the judicial officer or Registrar under section 28(b) must be certified in writing by the court granting bail, and forwarded to the prison manager of the prison in which the defendant is detained under the remand warrant.

Subject to sections 31 and 40, if a defendant is granted bail, the defendant must be released on condition that the defendant attend personally—

A judicial officer or Registrar may impose, as further conditions of the defendant’s release,—

However, a Registrar must not impose an EM condition under subsection (2)(a) unless the prosecution agrees.

When considering bail pending sentencing, a judicial officer or Registrar may impose any condition that the judicial officer or Registrar considers reasonably necessary to ensure that the defendant takes the steps necessary for the proceedings to be progressed within a reasonable timeframe.

Whether or not the judicial officer or Registrar imposes a condition under subsection (2) or (3), the judicial officer or Registrar may impose any other condition that the judicial officer or Registrar considers reasonably necessary to ensure that the defendant—

However, a Registrar must not impose a drug or alcohol condition under subsection (4) unless the defendant consents to the condition being imposed.

Despite subsection (4), the judicial officer or Registrar must not require as a further condition of the defendant’s release the deposit of any sum or the entering into of any obligation in the nature of a bond, guarantee, or surety, whether by the defendant or any other person.

Subsection (5) does not apply if bail is granted by the High Court.

This section applies if a judicial officer or Registrar imposes a drug or alcohol condition on a defendant under section 30(4) (alone or with any of sections 40(4), 53(4), and 54(4)).

The judicial officer or Registrar cannot direct, indicate, or require that the defendant undergo or submit to drug or alcohol testing or continuous monitoring, but the condition requires the defendant to comply with all requirements arising from an authorised person giving the defendant notice under section 30T(1).

The judicial officer or Registrar must advise the defendant that the defendant must do any 1 or more of the following things if required to do so by notice given to the defendant by an authorised person under section 30T(1):

To avoid doubt, this section does not apply to a defendant who has been granted Police bail with a drug or alcohol condition.

A judicial officer or Registrar who grants bail to a defendant charged with a family violence offence may impose as a condition of the bail (in addition to the condition or conditions imposed under section 30) any condition that the judicial officer or Registrar considers reasonably necessary to protect—

The purpose of an EM condition is to restrict and monitor a defendant’s movements to ensure that the defendant—

A court may grant bail with an EM condition if the defendant—

A defendant is eligible for bail with an EM condition if the defendant—

Nothing in this section limits the discretion of a court to remand the defendant in custody if there is just cause for continued detention.

For the purposes of the grant of bail with an EM condition, court includes a Registrar in any circumstance in which a Registrar is empowered to grant bail.

A court must not grant bail with an EM condition if the court considers that a less restrictive condition or combination of conditions would be sufficient to ensure the outcomes set out in section 30A(a) to (c).

An application for bail with an EM condition must be in a form approved and issued under subsection (4).

On receiving the application, the Registrar must set the matter down for a hearing and notify the defendant, the Police, and the prosecuting agency (if not the Police) of the date, time, and place of the hearing.

The defendant must, as soon as practicable after receiving a notice of the hearing, serve a copy of the application on—

The chief executive of the Ministry of Justice must approve and publish a form for an application for bail with an EM condition.

The Minister of Justice, in consultation with the Minister of Police and the Minister of Corrections, may, by notice in writing, nominate 1 or both of the following as the person or persons responsible for the management of EM bail:

The person or persons nominated under subsection (1) are responsible for the management of EM bail and may authorise their respective employees to act as EM assessors.

The Minister of Justice may make a nomination under subsection (1) from time to time, and, in consultation with the Minister of Police and the Minister of Corrections, may revoke a nomination by notice in writing to the person concerned.

If a defendant applies under section 30D for bail with an EM condition, the court or a Registrar may direct that an EM assessor prepares an EM report in relation to the application or, if satisfied that a previous EM report is sufficient, may direct that the previous EM report be used in relation to the application.

The purpose of an EM report is to assist the court hearing the application in determining whether an EM condition is practicable and appropriate.

An EM report must address all of the following matters:

An EM report may address any of the following matters:

In preparing an EM report in relation to an application under section 30D, an EM assessor must ascertain, after following the steps set out in subsection (2), whether the relevant occupants consent to the defendant remaining at the EM address while on bail with an EM condition.

Before ascertaining whether or not a relevant occupant consents, the EM assessor must—

The uses to which information obtained for the purpose of preparing an EM report under section 30F may be put are the following:

EM information may not be used except in accordance with subsection (1).

The court hearing an application made under section 30D must, before granting bail with an EM condition, be satisfied that—

In considering whether to grant bail with an EM condition, the court—

In granting bail with an EM condition, a court must specify the EM address.

An EM assessor must define the area of an EM address to which a defendant on bail with an EM condition is confined.

An EM assessor who defines the area of an EM address under subsection (1) must—

A defendant who is on bail with an EM condition must—

A breach by a defendant of an obligation under subsection (1) is a breach of the EM condition.

A court may, when granting bail with an EM condition, authorise the defendant to be absent from the EM address.

However, a Registrar may exercise the power conferred on a court by subsection (1) to authorise a defendant to be absent from the EM address only if the prosecution agrees to that authorisation.

An authorisation under this section is subject to sections 30MA to 30MC.

In authorising a defendant to be absent from the EM address under section 30M, the court must specify the purpose or purposes for which the defendant may be absent.

In authorising a defendant to be absent from the EM address under section 30M, the court must—

In enabling an EM assessor to approve an authorised absence under subsection (1)(b), the court must—

In section 30MB, details of an authorisation means the following specified under section 30MB(1) or (2) in line with the authorisation’s specified purpose or purposes:

If the EM address becomes unsuitable or unavailable through a change of circumstances (including the withdrawal of consent of a relevant occupant),—

Subsection (1)(b) does not apply if, within 5 working days after approval of the temporary EM address, the defendant makes an application under section 33(1)(a) or 34(1)(a) for a variation of the EM address.

The defendant must remain at the temporary EM address pending the determination of the application for variation, and section 30L(1)(b) to (g), and (2) apply as if the temporary EM address was the EM address.

If, in the opinion of the EM assessor, there is no suitable temporary EM address available, the EM assessor must notify the Police and the defendant without delay, and the defendant must surrender himself or herself to Police custody.

Information that is obtained from the electronic monitoring of a defendant on bail with an EM condition may be used for the purpose set out in section 30A and for any of the following purposes:

A court that grants bail with an EM condition may postpone the commencement of the bail and remand the defendant in custody for a period reasonably necessary for—

A defendant on bail with an EM condition is not in custody.

The fact that a defendant is on bail with an EM condition does not, of itself, affect any entitlement the defendant may have under the Social Security Act 2018.

Nothing in this Act prevents a defendant, who has previously applied for bail without an EM condition and been refused, from subsequently applying for bail with an EM condition on the same charges.

An authorised person may, by notice given to a defendant who is on bail (other than Police bail) with a drug or alcohol condition, require the defendant to do any 1 or more of the following:

An authorised person exercising that person’s discretion under subsection (1)—

A notice given to a defendant under subsection (1)(b) may include a requirement that the defendant comply with instructions specified in the notice that are reasonably necessary for the effective administration of the continuous monitoring (for example, an instruction to charge the monitoring device regularly or protect it from events, such as submersion in water, that may damage it or interfere with its functioning).

An automated system specified in a notice given under subsection (1)(c) must include an automated selection method that determines, in any manner consistent with rules made under section 73AA(1)(b) (including randomly), whether a defendant is required to undergo testing.

Only a medical practitioner or medical officer may collect a blood sample from a defendant under this section.

In this section and in sections 30U to 30X, authorised person means a person who is—

An authorised person may give a defendant a notice under section 30T(1) in any of the following ways:

An automated system must, in response to a defendant contacting it as required by a notice given under section 30T(1)(c) and subsection (1), give the defendant a spoken or written response notice specifying whether the defendant is required to undergo testing.

A notice given by an authorised person under subsection (1)(c), or a response notice that is given by an automated system under subsection (2) and that requires a defendant to undergo testing, must specify the name and location of a testing facility to which the defendant is required to report to undergo testing, and the time or times when the defendant is required to report, under section 30V.

An authorised person may require a defendant to undergo testing at the place where the defendant is given notice under section 30T(1) personally by the authorised person.

Subsection (1) applies even if the place where the defendant is given notice personally by the authorised person is—

However, a defendant cannot be required to undergo a prescribed testing procedure in a place specified in subsection (2)(a) or (b) if the testing procedure involves the collection of blood or urine.

A defendant given notice personally (in writing or orally) by the authorised person may be required by the authorised person, if subsection (3) applies or if it is not reasonably practicable to require the defendant to undergo testing at the place where the defendant is given notice, to accompany the authorised person to any other place where it is likely that it will be reasonably practicable for the defendant to undergo testing.

A defendant given a notice under section 30U(1)(c) or (2) that requires the defendant to undergo testing is required to report to the testing facility whose name and location are specified in the notice, at the time or times specified, to undergo testing.

A defendant on bail with a drug or alcohol condition breaches the condition if the defendant—

The persons referred to in subsection (1)(b)(viii) are—

Subsection (1)(b) to (d) does not apply to a defendant who has been granted Police bail with a drug or alcohol condition.

Information obtained from a prescribed testing procedure or a drug or alcohol monitoring device required under section 30T(1)—

A judicial officer or court may, in the absence of evidence that is available to the judicial officer or court and that is to the contrary effect, presume that any information that an authorised person has certified in writing was obtained from a prescribed testing procedure or a drug or alcohol monitoring device—

If a defendant is granted bail, the Registrar must prepare a notice of bail or a bail bond (whichever is applicable) setting out the conditions of bail imposed by or under section 30 or 30AAA.

If electronic monitoring is a condition of bail, the notice of bail must—

The Registrar or (as the case may require) the judicial officer or prison manager of the prison in which the defendant is detained must—

If a defendant is granted bail, the judicial officer or Registrar may direct that the defendant be detained in the custody of the Court—

If bail is granted to a defendant who has been remanded in custody and is in custody only under the warrant issued in respect of the remand, the defendant must be released from custody as soon as is reasonably practicable after the defendant has authenticated the notice of bail or bail bond.

A copy of the notice of bail or bail bond must be given to the defendant on his or her release or as soon as practicable after that.

The court for the time being having jurisdiction in the proceeding for an offence with which a defendant has been charged may,—

However, in the case of the variation of an EM condition, the only orders the court may make under subsection (1)(a) in relation to that EM condition are—

If the court makes an order under subsection (1) in relation to an EM condition, sections 30A to 30S apply to the extent necessary and with the necessary modifications.

No application may be made under subsection (1) or (6) in respect of a bail bond that has been entered in any case where sureties are required, unless the sureties to the bail bond have consented to the making of the application.

A Registrar may exercise the power conferred by subsection (1) to make an order if—

If a court or Registrar has, in granting bail to any defendant, imposed the condition that the defendant report to the Police at such time or times and at such place or places as the court or Registrar orders, a Registrar may, on the application of the defendant, make an order varying the time or times or the place or places at which the defendant is required to so report.

If a court or Registrar varies or revokes any condition of bail or substitutes or imposes any other condition of bail under section 33(1), the following provisions apply:

If, in any case to which subsection (1) applies, the defendant fails without reasonable excuse to attend at the time and place required, or fails to authenticate a fresh notice of bail or bail bond, the Registrar of the office of the court at the place where the condition of bail was varied or revoked or substituted or imposed must refer the matter to a Judge, who may issue a warrant for the arrest of the defendant.

A Registrar may exercise the power under subsection (2) to issue a warrant to arrest the defendant if the court for the time being having jurisdiction in the proceeding for an offence is the District Court.

A defendant on bail with an EM condition—

The Police must bring a defendant on bail with an EM condition who surrenders himself or herself to Police custody before a judicial officer at the earliest opportunity.

If a defendant on bail with an EM condition who is under the age of 18 years surrenders himself or herself to Police custody, sections 234(c), 235, and 236 of the Oranga Tamariki Act 1989 apply with any necessary modifications.

However, subsection (3) does not apply to a defendant aged 17 years who—

Any constable may arrest without warrant a defendant who has been released on bail by a court or Registrar or Police employee if the constable believes on reasonable grounds that—

A defendant who is arrested under subsection (1) must,—

In any such case, the judicial officer, on being satisfied that the defendant had absconded or was about to abscond or has contravened or failed to comply with any condition of bail, must reconsider the question of bail.

After a defendant has been arrested under subsection (1), the defendant cannot be bailed as of right and is bailable only under section 7(5).

This section does not apply if section 36 applies.

Nothing in this section prevents a constable from seeking a warrant to arrest a defendant under section 37.

Sections 215 to 232 of the Oranga Tamariki Act 1989 apply to a defendant aged 17 years who—

If a defendant has been released on bail under section 16, any constable may arrest the defendant without warrant if—

A defendant who has been arrested under subsection (1) must be brought before a High Court Judge or a District Court Judge as soon as possible, and in any event not later than 72 hours after the arrest.

If a defendant is brought before a Judge under subsection (2), the Judge must, if satisfied on the balance of probabilities that the defendant has absconded or was about to abscond, remand the defendant in custody.

If a defendant is brought before a Judge under subsection (2), the Judge may,—

If a defendant is released under subsection (4)(b), the defendant’s bail continues in force in all respects as if the defendant had not been arrested under subsection (1).

Despite subsections (4)(b) and (5), if a defendant was arrested under subsection (1)(d), the Judge may release the defendant under subsection (4)(b) only if—

Nothing in this section prevents a constable from seeking a warrant to arrest a defendant under section 37.

Sections 215 to 232 of the Oranga Tamariki Act 1989 apply to a defendant aged 17 years who—

A person (A) commits an offence who refuses or fails, without reasonable excuse, to allow an authorised person to enter an EM address for the purpose of servicing or inspecting any electronic monitoring equipment at that address.

A person who commits an offence under subsection (1) is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000.

In subsection (1), authorised person means—

A judicial officer or Registrar may issue a warrant for the arrest of a defendant if—

A warrant to arrest a defendant under this section must be directed to a constable by name or generally to every constable.

The warrant may be executed by any constable.

For the purpose of executing a warrant issued under this section, the constable executing it may at any time enter on to any premises, by force if necessary, if the constable has reasonable grounds to believe that the defendant against whom it is issued is on those premises.

The constable executing the warrant—

If a defendant is arrested under a warrant issued under this section,—

In this section, judicial officer or Registrar means, in relation to proceedings for the offence with which the defendant is charged,—

A defendant commits an offence and is liable on conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding $2,000 who, having been released on bail by the Supreme Court, the Court of Appeal, the High Court, the District Court, or a Registrar,—

If a defendant who has been released on bail at any time fails to comply with any condition of bail, a judicial officer may certify on the notice of bail or, as the case may require, the bail bond the non-performance of that condition.

A certificate given by a judicial officer under subsection (1) is, in the absence of proof to the contrary, sufficient evidence for the purposes of sections 24 and 38 that the defendant has failed to comply with the condition of the notice of bail or bail bond specified in the certificate.

In addition to the certification described in subsection (1), if a defendant who has been released on bail at any time fails to comply with any condition of bail, without reasonable excuse, a judicial officer must direct the Registrar that the nature of the condition and the non-performance of the condition be entered in the court record kept in accordance with section 184 of the Criminal Procedure Act 2011.

Despite subsection (3), the judicial officer may decide not to direct that the failure to comply be entered in the court record if in the judicial officer’s opinion the failure to comply is of such a minor nature that it does not warrant being taken into account when considering an application for bail from the defendant on a subsequent occasion.

A failure to comply with any condition of bail that is entered in the court record under subsection (3) may be considered in any subsequent application for bail made by that defendant over his or her lifetime.

In this section, judicial officer means—

If a defendant’s failure to comply with a condition of bail has been entered in the court record under section 39(3), any money paid by a surety under a bail bond is forfeited.

The court must order money forfeited under a bail bond to be paid to the Crown, unless the court considers that equity and good conscience and the real merits and justice of the case require the money to be returned to the surety.

This section applies if the start date of a sentence imposed on an offender is deferred under section 80W or 100 of the Sentencing Act 2002 and the offender is not liable to be detained under any other sentence or order.

If this section applies, the court that defers the start date of the offender’s sentence must grant the offender bail.

An offender who is granted bail under this section must be released on condition that the offender must,—

The provisions of sections 30 to 39, and 41 to 44, as far as they are applicable and with all necessary modifications, apply as if the offender were a defendant who had been granted bail.

If any decision is made by the District Court or the High Court under section 33(1) (as applied by subsection (4)) in respect of an offender, the provisions of sections 41 to 43, as far as they are applicable and with all necessary modifications, apply as if the offender were a defendant granted bail.

In this subpart, unless the context otherwise requires, appeal court means,—

If a court refuses to grant bail to a defendant (whether before or after conviction and whether under any enactment or rule of law or otherwise), the defendant may appeal to the appeal court against that decision.

If a court grants bail to a defendant (whether before or after conviction and whether under any enactment or rule of law or otherwise), the prosecutor may appeal to the appeal court against that decision.

If a court imposes, or refuses to impose, any condition of bail, or makes or refuses to make an order under section 33 varying or revoking any condition of bail or substituting or imposing any other condition of bail, the defendant or the prosecutor may appeal to the appeal court against that decision.

For the purposes of an appeal under this section, the failure to impose a condition of bail on any occasion on which the condition could lawfully be imposed is deemed to be a refusal to impose the condition.

No person may seek bail in the High Court under that court’s inherent jurisdiction if the person has a right of appeal to a District Court Judge under this section.

An appeal under this section is by way of rehearing.

Sections 273 to 275 and subpart 12 of Part 6 of the Criminal Procedure Act 2011 apply to an appeal under section 42 as if the appeal were a first appeal against a decision on a costs order, except that the notice of appeal must be filed within 20 working days after the date of the decision appealed against.

Despite any other enactment or rule of law, on the hearing of the appeal under section 42, it is not necessary for either party to produce—

Every decision of the appeal court on an appeal under section 42 is final.

No decision appealed against under section 42 is suspended merely because notice of that appeal has been given.

An appeal under section 42 that is not heard before the date on which the decision appealed against ceases to have any effect—

If the defendant does not appear at the hearing of the appeal under section 42(2), a Judge of the appeal court may, if he or she thinks fit, issue a warrant for the arrest of the defendant.

If, on an appeal under section 42, the appeal court determines that bail should not be granted or, as the case may be, should not be continued, a warrant for the detention of the defendant in custody must be issued by a Judge of the appeal court.

The person who executes a warrant issued under subsection (1) must ensure that a copy of the notice of the result of the appeal is given to the defendant when the warrant is executed or as soon as practicable after the warrant is executed.

If, on an appeal under section 42 against a refusal to grant bail, bail is granted,—

If, on an appeal under section 42 in respect of any condition of bail, the appeal court varies or revokes any condition of bail or substitutes or imposes any other condition of bail, the following provisions apply:

If, in any case to which subsection (4) applies, the defendant fails without reasonable excuse to attend at the time and place required, or fails to authenticate a fresh notice of bail or bail bond, a Judge of the court appealed from may issue a warrant for the arrest of the defendant.

This section applies to a warrant issued under section 44(1).

A warrant to which this section applies must be issued for whichever of the following applies:

This section applies if an appellant—

If the appellant is in custody, or is subject to a sentence of home detention, only under the conviction to which the appeal relates, the appellant is bailable, at any time before the hearing of the appeal,—

Subject to the provisions of section 31 (as applied by subsection (4)), if an appellant is granted bail, the appellant must be released on condition that the appellant attend personally at the District Court at the place where the appeal is being dealt with on the day on which the appeal is to be heard and on any day to which the hearing may from time to time be adjourned.

If an appellant is granted bail under this section, the provisions of sections 30 to 33, 35, 37, 38, 39, and 51, as far as they are applicable and with any necessary modifications, apply as if the appellant were a defendant remanded in custody who had been granted bail.

If an appellant is granted or refused bail under this section, or any decision is made under section 33(1) (as applied by subsection (4)) in respect of any appellant, the provisions of sections 41 and 42, as far as they are applicable and with any necessary modifications, apply as if the appellant were a defendant who had been granted or, as the case may be, refused bail.

For the purposes of this section,—

If an appeal is filed on a question of law under subpart 8 of Part 6 of the Criminal Procedure Act 2011 and the appeal relates to a person’s conviction, this section applies to the convicted person as it does to the appellant.