Help the community and expand your practice! Find out how.
Already registered? Login here.
Question Details: An incident happened in Auckland. I have to return home to Wellington in two weeks. Is it possible to file a request to have my court case moved to a closer court, instead of having to return to Auckland?
Filed under Litigation | 2705 View(s)
Community Law Wellington & Hutt Valley
Yes, but only if you "intimate" (indicate) a guilty plea or actually plead guilty. If you are defending the charge you cannot get the case moved to Wellington.
Intimating a guilty plea means that you indicate to the court that you will be pleading guilty. This can be done with this registrar at your first court appearance in Auckland. If you intimate a guilty plea, you will be expected to enter a guilty plea before the judge at your next court appearance in Wellington.
If you change your mind and decide to plead not guilty, the case will be transferred back to Auckland.
Alternatively, you could enter a guilty plea at the first appearance in Auckland but this can only be done before a judge. You may then request that the matter be transferred to Wellington for sentencing, but bear in mind that depending on the seriousness of the charges against you, the judge in Auckland may decide to sentence you on the spot.
This website gives a general overview of how the District Court works: www.courtsofnz.govt.nz
Answered 23 Nov 2012. The IMPORTANT NOTICE below is part of this answer.
IMPORTANT NOTICE:
The answer provided above is intended for general informational purposes only and cannot be
considered a substitute for face-to-face legal advice. It should not be relied upon as the sole
basis for taking action in relation to a legal issue. Laws change frequently, and small
variations in the facts, or a fact not provided in the question, can often change a legal
outcome or a lawyer’s conclusion. No liability whatsoever is accepted by the authors or
publishers of the answer, for loss, damage or inconvenience arising in any way from the use of
this site. While each answer has been published by a lawyer with a practising certificate, that
person may not necessarily have experience in the particular area of law involved.
For more information about this website, please review our
Terms of Use.