Source: New Zealand Government
The Government will expand the role of Community Magistrates to help speed up the justice system and reduce unnecessary delays in the District Court, Associate Justice and Courts Minister Nicole McKee announced today.
“Community Magistrates play a valuable part in the District Court but are currently underutilised. By expanding their jurisdiction, we can reduce bottlenecks, ease pressure on judges, and improve court timeliness,” Mrs McKee says.
Legislation to be introduced early next year will expand the jurisdiction of Community Magistrates so they can take guilty pleas for all offences except those reserved for the High Court. They will also be able to manage a wider range of cases within the District Court. This includes presiding over some trials and being able to order pre-sentence reports for Judges to use at sentencing.
“This is a practical step to improve how our courts function day to day. Allowing Community Magistrates to handle more straightforward cases means District Court Judges can focus on the complex matters before them, helping reduce the long waits that frustrate victims and delay justice,” Mrs McKee says.
While Community Magistrates will not be able to impose custodial sentences such as imprisonment or home detention, they will retain the power to issue community-based sentences like supervision, community service, and fines. Cases that could result in imprisonment will still be referred to a Judge for sentencing.
“This is about making the justice system more responsive and more efficient, especially for victims. Delays in court proceedings can retraumatise those affected by crime, and we are committed to delivering justice faster,” Mrs McKee says.
The new powers are supported by Budget 2025 funding of $1.7 million annually for three additional Community Magistrates and the appointment of a judge as Chief Community Magistrate to oversee training, quality, and consistency.
The legislative changes will amend the District Court Act 2016, the Criminal Procedure Act 2011, and the Bail Act 2000 to reflect these enhanced powers.
“This is part of a wider effort to make real improvements in our justice system. We’re already seeing progress; criminal adjournments have dropped significantly over the past two years. The expectation is that expanding the Community Magistrate role will build on that momentum,” Mrs McKee says.
