Section 409 — Crimes Act 1961: Rules of Court

409 Rules of Court (1) There may be made under the Judicature Act 1908 rules of Court regulating the practice and procedure in proceedings under this Act in the Supreme Court, the Court of Appeal, the High Court, and District Courts, or any of them. (2) Until such rules are made, and so far as they do not extend, the existing practice and procedure of the High Court and the Court of Appeal remain and are in force in those Courts as far as they are not altered by or inconsistent with the provisions of this Act. (3) The practice and procedure of the High Court must be followed by all District Courts in proceedings on indictment. Compare: 1908 No 32 s 354; 1936 No 58 s 42(4) Subsection (1) was amended, as from 1 May 1981, by section 23(1) Crimes Amendment Act (No 2) 1980 (1980 No 85) by inserting the words “ in the High Court and in District Courts ” . Subsection (1) was amended, as from 10 December 2001, by section 11 Crimes (Criminal Appeals) Amendment Act 2001 (2001 No 92) by inserting, after the words “ High Court ” , the words “ , the Court of Appeal, ” . See section 12 of that Act as to transitional provisions. See clause 2 Crimes (Criminal Appeals) Amendment Act Commencement Order 2001 (SR 2001/370). See sections 13 to 16 for validation of determinations made before the Crimes (Criminal Appeals) Amendment Act 2001 (2001 No 92) came into force Subsection (1) was substituted, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53). See sections 50 to 55 of that Act for the transitional and savings provisions. Subsection (2) was amended, as from 1 May 1981, by section 23(2) Crimes Amendment Act (No 2) 1980 (1980 No 85) by substituting the words “ of the High Court ” for the words “ in New Zealand ” Subsection (2) was amended, as from 1 May 1981, by section 23(2) Crimes Amendment Act (No 2) 1980 (1980 No 85) by inserting the words “ , and shall be followed by all District Courts in proceedings on indictment ” . Subsection (2) was substituted, as from 10 December 2001, by section 11 Crimes (Criminal Appeals) Amendment Act 2001 (2001 No 92). See section 12 of that Act as to transitional provisions. See clause 2 Crimes (Criminal Appeals) Amendment Act Commencement Order 2001 (SR 2001/370). See sections 13 to 16 for validation of determinations made before the Crimes (Criminal Appeals) Amendment Act 2001 (2001 No 92) came into force Subsection (3) was inserted, as from 10 December 2001, by section 11 Crimes (Criminal Appeals) Amendment Act 2001 (2001 No 92). See section 12 of that Act as to transitional provisions. See clause 2 Crimes (Criminal Appeals) Amendment Act Commencement Order 2001 (SR 2001/370). See sections 13 to 16 for validation of determinations made before the Crimes (Criminal Appeals) Amendment Act 2001 (2001 No 92) came into force