Community Magistrates Legislation Amendment Bill

Community Magistrates Legislation Amendment Bill EXPLANATORY NOTE GENERAL POLICY STATEMENT This Bill is an omnibus Bill introduced in accordance with Standing Order 267(1)(a). That Standing Order provides that an omnibus Bill to amend more than 1 Act may be introduced if the amendments deal with an interrelated topic that can be regarded as implementing a single broad policy. The single broad policy implemented by the amendments in this Bill is to expand the jurisdiction of Community Magistrates to free up judicial resource and improve the timeliness of cases in the District Court. This Bill amends the Bail Act 2000, the Criminal Procedure Act 2011, and the Land Transport Act 1998 to expand the jurisdiction of Community Magistrates so they can undertake additional tasks. The Bill also amends the District Court Act 2016 to require the appointment of a District Court Judge as Principal Community Magistrate to provide judicial oversight of Community Magistrates and support Community Magistrates in managing their expanded jurisdiction. The title of Chief Community Magistrate is changed to Principal Community Magistrate for consistency with other judicial leadership roles in the District Court. The criminal jurisdiction of the District Court is experiencing delays, which risk eroding the integrity of the justice system. Insufficient judicial resource is a contributing factor to the delays. Community Magistrates were established in the late 1990s to provide additional judicial resource in the District Court and free up Judges to hear more complex matters. Community Magistrates are currently underutilised. Limits in their jurisdiction result in a significant number of adjournments. If at any point a case requires a decision to be made that is outside Community Magistrates’ jurisdiction, it must be adjourned and transferred to a Judge to make the decision. This causes delays and can be a reason to avoid scheduling a case with a Community Magistrate from the beginning. Expanding the jurisdiction of Community Magistrates will allow them to hear more cases in the District Court with fewer adjournments, freeing up District Court Judges to progress more complex trial work. This will support timely access to justice in the District Court. DEPARTMENTAL DISCLOSURE STATEMENT The Ministry of Justice is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill. A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2026&no=331 REGULATORY IMPACT STATEMENT The Ministry of Justice produced a regulatory impact statement on 23 July 2025 to help inform the main policy decisions taken by the Government relating to the contents of this Bill. A copy of this regulatory impact statement can be found at— https://www.justice.govt.nz/justice-sector-policy/regulatory-stewardship/regulatory-impact-assessments/ https://www.regulation.govt.nz/our-work/regulatory-impact-statements/ CLAUSE BY CLAUSE ANALYSIS Clause 1 is the Title clause. Clause 2 is the commencement clause. It provides that the Bill comes into force on the day after Royal assent. AMENDMENTS TO DISTRICT COURT ACT 2016 Clause 3 provides that Part 1 amends the District Court Act 2016. Clause 4 amends section 4, which is an interpretation provision, to add a definition of Principal Community Magistrate. Clause 5 amends section 41 as a consequence of new section 51 ( see clause 6 ). Clause 6 replaces section 51, which provides that there may be a Chief Community Magistrate, and the cross-heading above that section. New section 51 requires that there be a Principal Community Magistrate appointed by the Governor-General on the advice of the Attorney-General. Clause 7 repeals section 52, which provides that the Governor-General may, on the advice of the Minister, appoint the Chief Community Magistrate. Section 52 is repealed as a consequence of the replacement of section 51 ( see clause 6 ). Clause 8 replaces sections 53 to 56. Section 53 relates to eligibility for appointment as the Chief Community Magistrate. Currently, a person must have held a practising certificate as a lawyer for at least 5 years in order to be eligible for appointment as the Chief Community Magistrate. New section 53 requires a person to be a District Court Judge in order to be eligible for appointment as the Principal Community Magistrate. Section 54 relates to the tenure of the Chief Community Magistrate. New section 54 provides that the Principal Community Magistrate holds office until they resign from that office or cease to hold office as a District Court Judge. The Governor-General’s approval will be required for a person to resign from office as the Principal Community Magistrate without resigning from office as a District Court Judge. Section 55 sets out (non-exhaustively) the functions of the Chief Community Magistrate. Section 55(1)(b) enables functions to be conferred on the Chief Community Magistrate by secondary legislation. New section 55(1)(b) does not permit functions to be conferred on the Principal Community Magistrate by secondary legislation. New section 55(3) prohibits the Principal Community Magistrate from sitting as a Community Magistrate or exercising the jurisdiction of a Community Magistrate. Section 56 enables the appointment of an acting Chief Community Magistrate. Currently, the Governor-General may, on the advice of the Minister, appoint a Community Magistrate to act in place of the Chief Community Magistrate. Under new section 56 ,— only a District Court Judge may be appointed as an acting Principal Community Magistrate; and an acting Principal Community Magistrate is appointed by the Governor-General on the advice of the Attorney-General. Clause 9 amends section 59 as a consequence of new section 51 ( see clause 6 ). Clause 10 amends section 60, which relates to the remuneration of the Chief Community Magistrate and Community Magistrates, to remove references to the Chief Community Magistrate. This is because it is intended that the Principal Community Magistrate will continue to receive their salary and allowances as a District Court Judge and not receive an additional salary or allowances as a result of also holding office as the Principal Community Magistrate. Clause 11 replaces section 61, which relates to the remuneration of an acting Chief Community Magistrate and acting Community Magistrates. New section 61 retains the status quo for acting Community Magistrates. The new section does not contain any reference to an acting Principal Community Magistrate. This is because it is intended that an acting Principal Community Magistrate will continue to receive their salary and allowances as a District Court Judge and not receive an additional salary or allowances as a result of also acting as the Principal Community Magistrate. Clause 12 amends Schedule 1AA, which contains transitional, savings, and related provisions. Subclauses (1) to (3) amend clause 1 of that schedule to remove redundant references to the Chief Community Magistrate. Subclause (4) inserts new Part 3 into that schedule. Clause 13 makes consequential amendments to other legislation as set out in Schedule 2 . AMENDMENTS TO OTHER ACTS AMENDMENTS TO BAIL ACT 2000 Clause 14 provides that subpart 1 amends the Bail Act 2000. Clause 15 amends section 12 to enable Community Magistrates to grant bail or remand at large to certain defendants from whom they have received a guilty plea in respect of an offence that carries a maximum sentence of 3 or more years’ imprisonment. Clause 16 replaces section 16, which relates to the granting of bail for drug dealing offences. New section 16 enables Community Magistrates to grant bail to the following defendants: a defendant— who is charged with a drug dealing offence; and from whom they have received a guilty plea in respect of that offence: a defendant whom they have convicted of a drug dealing offence after receiving a guilty plea. Clause 17 amends section 17A, which relates to the granting of bail or remand at large for serious Class A drug offences, to enable Community Magistrates to grant bail or remand at large to a defendant— who is charged with a serious Class A drug offence; and from whom they have received a guilty plea in respect of that offence. AMENDMENTS TO CRIMINAL PROCEDURE ACT 2011 Clause 18 provides that subpart 2 amends the Criminal Procedure Act 2011. Clause 19 amends section 59 to enable Community Magistrates to direct case management procedure for a category 1 offence. Clause 20 amends section 114, which relates to the procedure to be followed after a defendant pleads guilty or is found guilty, to require Community Magistrates to transfer a proceeding to a District Court Judge for sentencing if they— received the defendant’s guilty plea, or found the defendant guilty, when exercising jurisdiction in accordance with new section 356 ( see clause 22 ); and have reason to believe that a sentence of imprisonment or home detention may be appropriate. The amendment has the effect of maintaining the inability of Community Magistrates to impose sentences of imprisonment or home detention. Clause 21 amends section 157, which relates to the transfer of proceedings to a court at a different place or different sitting. Community Magistrates may, with the consent of all parties, transfer certain proceedings to a court at a place or sitting other than that determined under the usual rules if they are satisfied that it is in the interests of justice that the proceeding be heard at that place or sitting. Community Magistrates can currently make an order under section 157 in respect of a proceeding for— a category 1 or 2 offence; or a category 3 offence punishable by a term of imprisonment not exceeding 3 years, if the defendant has not elected a jury trial. The amendment removes the 3-year restriction for Community Magistrates, enabling them to make an order under section 157 in respect of any category 3 offence that the defendant has not elected a jury trial for. The 3-year restriction is retained for Justices of the Peace and Registrars. Clause 22 replaces section 356. Currently, Community Magistrates have jurisdiction under section 356 in respect of infringement offences and certain category 1 offences. New section 356 expands Community Magistrates’ jurisdiction to cover— all category 1 offences (other than those that are continuing offences); and category 2 offences punishable by a term of imprisonment not exceeding 3 months (other than those that are continuing offences). Clause 23 repeals sections 357 to 359 because the expansion of Community Magistrates’ jurisdiction under new section 356 ( see clause 22 ) makes them redundant. Clause 24 amends section 361, which relates to the jurisdiction of Justices of the Peace and Community Magistrates to take pleas, to expand the jurisdiction of Community Magistrates to take pleas to cover the taking of guilty pleas for all offences other than category 4 offences. New subsection (3) requires a Community Magistrate who receives a plea in respect of a category 2 offence punishable by a term of imprisonment exceeding 3 months or a category 3 offence to transfer the proceeding to a District Court Judge. Clause 25 inserts new sections 361A to 361C . New section 361A allows a Community Magistrate who receives a guilty plea in respect of a category 2 offence punishable by a term of imprisonment exceeding 3 months or a category 3 offence to convict the defendant of the offence before transferring the proceeding to a District Court Judge for sentencing. New section 361B allows a Community Magistrate who receives a guilty plea in respect of a category 2 or 3 offence, or finds a defendant guilty of a category 2 offence punishable by a term of imprisonment not exceeding 3 months, to direct the preparation of a pre-sentence report before transferring the proceeding to a District Court Judge for sentencing if the Community Magistrate has no reason to believe that a sentence of community detention or home detention may be appropriate. New section 361C requires— a Community Magistrate who receives a guilty plea, or finds a defendant guilty, in respect of a category 2 offence punishable by a term of imprisonment not exceeding 3 months to direct the preparation of a pre-sentence report before transferring the proceeding to a District Court Judge for sentencing if the Community Magistrate has reason to believe that a sentence of home detention may be appropriate; and a Community Magistrate who receives a guilty plea in respect of a category 2 offence punishable by a term of imprisonment exceeding 3 months or a category 3 offence to direct the preparation of a pre-sentence report before transferring the proceeding to a District Court Judge for sentencing if the Community Magistrate has reason to believe that a sentence of community detention or home detention may be appropriate. Clause 26 amends section 362 as a consequence of the repeal of section 359 ( see clause 23 ). Clause 27 amends section 387, which empowers the making of regulations, to repeal subsections (1)(k) and (5) of that section. Section 387(1)(k) empowers the making of regulations prescribing offences for the purpose of excluding them from Community Magistrates’ existing jurisdiction in respect of category 1 offences punishable by a fine not exceeding $40,000. Section 387(5) prohibits the making of such regulations without the concurrence of the Chief Justice and the Chief District Court Judge. The expansion of Community Magistrates’ jurisdiction to cover all category 1 offences (other than those that are continuing offences) ( see clause 22 ) makes those provisions redundant. Clause 28 inserts new Part 6 into Schedule 1AA, which contains transitional, savings, and related provisions. New Part 6 provides that the amendments made by clauses 19 to 26 apply only to proceedings commenced on or after the commencement date. AMENDMENTS TO LAND TRANSPORT ACT 1998 Clause 29 provides that subpart 3 amends the Land Transport Act 1998. Clause 30 amends section 105 to enable Community Magistrates to determine an application for a limited licence if the application— relates to a disqualification order made on the applicant’s conviction for— a category 1 offence; or a category 2 offence punishable by a term of imprisonment not exceeding 3 months; and is unopposed. Clause 31 inserts new Part 11 into Schedule 1, which contains transitional, savings, and related provisions. New Part 11 provides that the amendments made to section 105 apply to a limited licence application made on or after the date on which the Bill comes into force regardless of when the disqualification order to which the application relates was made. CONSEQUENTIAL AMENDMENTS RELATED TO THIS PART Clause 32 provides that the Acts specified in Schedule 5 are amended as set out in that schedule. The Parliament of New Zealand enacts as follows: 1 Title This Act is the Community Magistrates Legislation Amendment Act 2026 . 2 Commencement This Act comes into force on the day after Royal assent. 3 Principal Act This Part amends the District Court Act 2016. 4 Section 4 amended (Interpretation) In section 4, insert in its appropriate alphabetical order: Principal Community Magistrate means the Principal Community Magistrate appointed under section 51 5 Section 41 amended (Functions and powers of Community Magistrate) Replace section 41(2) with: 2 Each Community Magistrate must sit in the court and at the times that the Chief District Court Judge directs after consulting the Principal Community Magistrate. 6 Section 51 and cross-heading replaced Replace section 51 and the cross-heading above section 51 with: Principal Community Magistrate 51 Principal Community Magistrate There must be a Principal Community Magistrate appointed by the Governor-General on the advice of the Attorney-General. 7 Section 52 repealed (Appointment of Chief Community Magistrate) Repeal section 52. 8 Sections 53 to 56 replaced Replace sections 53 to 56 with: 53 Who is eligible for appointment as Principal Community Magistrate A person may be appointed as Principal Community Magistrate if the person is a Judge. 54 Tenure of Principal Community Magistrate 1 The Principal Community Magistrate holds office until they— a resign from that office; or b cease to hold office as a Judge. 2 However, the Principal Community Magistrate may resign from that office without resigning from office as a Judge only with the approval of the Governor-General. 55 Functions of Principal Community Magistrate 1 The functions of the Principal Community Magistrate include— a taking appropriate steps to ensure that the integrity of the office of Community Magistrate is maintained and that Community Magistrates operate effectively and efficiently within the framework of the District Court: b the other functions conferred on the Principal Community Magistrate by any Act. 2 Without limiting subsection (1) , the Principal Community Magistrate— a must be consulted by the Chief District Court Judge, in accordance with section 41(2) , about the rostering of Community Magistrates: b may be involved in the design and implementation of training programmes for Community Magistrates in consultation with the Ministry of Justice and the Chief District Court Judge: c may, where appropriate, liaise with interested persons on matters affecting the office of Community Magistrate. 3 Despite subsection (1) , the Principal Community Magistrate may not sit as a Community Magistrate or exercise the jurisdiction of a Community Magistrate. 56 Acting Principal Community Magistrate 1 The Governor-General may, on the advice of the Attorney-General, appoint a Judge to act in place of the Principal Community Magistrate for any period during which— a the office of the Principal Community Magistrate is vacant; or b the Principal Community Magistrate is absent from New Zealand; or c the Principal Community Magistrate is unable for any reason (including illness) to perform the duties of the office. 2 For the period of their appointment, the Acting Principal Community Magistrate is empowered to perform the functions and duties, and to exercise all the powers, of the office of Principal Community Magistrate. 9 Section 59 amended (Acting Community Magistrate must be authorised to act) Replace section 59(2) with: 2 The Chief District Court Judge must consult the Principal Community Magistrate before authorising an acting Community Magistrate. 10 Section 60 amended (Remuneration of Chief Community Magistrate and Community Magistrates) In the heading to section 60, delete Chief Community Magistrate and . In section 60(1), replace The Chief Community Magistrate and each with Each . 11 Section 61 replaced (Remuneration of acting Chief Community Magistrate and acting Community Magistrates) Replace section 61 with: 61 Remuneration of acting Community Magistrates For the period during which an acting Community Magistrate acts as authorised under section 59, the acting Community Magistrate must be paid the salary, fee, or allowances determined for a Community Magistrate under section 60(1). 12 Schedule 1AA amended In Schedule 1AA, heading to clause 1, delete Chief Community Magistrate and . In Schedule 1AA, clause 1(1), delete the Chief Community Magistrate or . In Schedule 1AA, clause 1(2), repeal the definition of Chief Community Magistrate . In Schedule 1AA,— a insert the Part set out in Schedule 1 of this Act as the last Part; and b make all necessary consequential amendments. 13 Consequential amendments related to this Part Amend the legislation specified in Schedule 2 as set out in that schedule. 14 Principal Act This subpart amends the Bail Act 2000. 15 Section 12 amended (Further restriction on bail in certain cases) Replace section 12(3) and (4) with: 3 A defendant to whom this section applies may be granted bail or allowed to go at large only by order of— a a High Court Judge; or b a District Court Judge; or c a Community Magistrate or Community Magistrates. 4 A Judge may not grant bail to a defendant to whom this section applies or allow the defendant to go at large unless the defendant satisfies the Judge that bail or remand at large should be granted. 4A A Community Magistrate or Community Magistrates may not grant bail to a defendant to whom this section applies or allow the defendant to go at large unless— a the defendant has pleaded guilty to the offence referred to in subsection (1)(a)(i) or (b)(i) or (1A)(a)(i) or (b)(i); and b the Community Magistrate or Community Magistrates presided over the District Court that received the guilty plea; and c both the defendant and the prosecutor agree to the Community Magistrate or Community Magistrates granting bail or remand at large; and d the defendant— i is legally represented or has indicated that they have received legal advice; or ii has declined an opportunity to obtain legal advice; and e the defendant satisfies the Community Magistrate or Community Magistrates that bail or remand at large should be granted. In section 12(5), replace subsection (4)), the defendant must satisfy the Judge with subsection (4) or the Community Magistrate or Community Magistrates under subsection (4A)(e) ), the defendant must satisfy the Judge or the Community Magistrate or Community Magistrates . 16 Section 16 replaced (Judge only may grant bail for drug dealing offence) Replace section 16 with: 16 Granting of bail for drug dealing offence 1 A defendant who is charged with or convicted of a drug dealing offence may be granted bail only by order of— a a High Court Judge; or b a District Court Judge; or c a Community Magistrate or Community Magistrates. 2 However, a Community Magistrate or Community Magistrates— a may not grant bail to a defendant who is charged with a drug dealing offence unless— i the defendant has pleaded guilty to the drug dealing offence; and ii the Community Magistrate or Community Magistrates presided over the District Court that received the guilty plea; and iii the requirements set out in subsection (3) are met; and b may not grant bail to a defendant who is convicted of a drug dealing offence unless— i the Community Magistrate or Community Magistrates presided over the District Court that convicted the defendant of the drug dealing offence; and ii the requirements set out in subsection (3) are met. 3 The requirements referred to in subsection (2)(a)(iii) and (b)(ii) are as follows: a both the defendant and the prosecutor agree to the Community Magistrate or Community Magistrates granting bail; and b the defendant— i is legally represented or has indicated that they have received legal advice; or ii has declined an opportunity to obtain legal advice. 17 Section 17A amended (Restriction on bail if defendant charged with serious Class A drug offence) Replace section 17A(2) with: 2 A defendant to whom this section applies may be granted bail or allowed to go at large only by order of— a a High Court Judge; or b a District Court Judge; or c a Community Magistrate or Community Magistrates. 2A A Judge may not grant bail to a defendant to whom this section applies or allow the defendant to go at large unless the defendant satisfies the Judge that bail or remand at large should be granted. 2B A Community Magistrate or Community Magistrates may not grant bail to a defendant to whom this section applies or allow the defendant to go at large unless— a the defendant has pleaded guilty to the serious Class A drug offence; and b the Community Magistrate or Community Magistrates presided over the District Court that received the guilty plea; and c both the defendant and the prosecutor agree to the Community Magistrate or Community Magistrates granting bail or remand at large; and d the defendant— i is legally represented or has indicated that they have received legal advice; or ii has declined an opportunity to obtain legal advice; and e the defendant satisfies the Community Magistrate or Community Magistrates that bail or remand at large should be granted. In section 17A(3), replace subsection (2)), the defendant must satisfy the Judge with subsection (2A) or the Community Magistrate or Community Magistrates under subsection (2B)(e) ), the defendant must satisfy the Judge or the Community Magistrate or Community Magistrates . 18 Principal Act This subpart amends the Criminal Procedure Act 2011. 19 Section 59 amended (Judge may direct case management procedure for category 1 offence) In the heading to section 59, replace Judge may with Power to . In section 59(1), replace a Judge may, if the Judge with the District Court presided over by a District Court Judge or 1 or more Community Magistrates may, if it . In section 59(2), replace Judge’s with court’s . 20 Section 114 amended (Procedure after defendant pleads or is found guilty) After section 114(2), insert: 3 Also, despite subsection (1), if the defendant is before the District Court presided over by 1 or more Community Magistrates (the court ), the court must transfer the proceeding to the District Court presided over by a District Court Judge for the sentencing of the defendant if the court— a received the defendant’s guilty plea, or found the defendant guilty, when exercising jurisdiction in accordance with section 356 ; and b has reason to believe that a sentence of imprisonment or home detention may be appropriate. 4 If the District Court transfers a proceeding under subsection (3) , that court must immediately adjourn the proceeding to a time and place then appointed. 5 The District Court to which a proceeding is transferred under subsection (3) may sentence or otherwise deal with the defendant as if the proceeding had been brought before that court in the first instance. 6 In this section, sentence of imprisonment has the meaning given to it in section 4(1) of the Sentencing Act 2002. 21 Section 157 amended (Transfer of proceedings to court at different place or different sitting) Replace section 157(3) with: 3 The District Court presided over by 1 or more Justices may, with the consent of all parties, make an order under this section in respect of a proceeding for— a a category 1 or 2 offence; or b a category 3 offence punishable by a term of imprisonment not exceeding 3 years, if the defendant has not elected a jury trial. 3AA The District Court presided over by 1 or more Community Magistrates may, with the consent of all parties, make an order under this section in respect of a proceeding for— a a category 1 or 2 offence; or b a category 3 offence, if the defendant has not elected a jury trial. 22 Section 356 replaced (Jurisdiction of Community Magistrates) Replace section 356 with: 356 Jurisdiction of Community Magistrates 1 The District Court presided over by 1 or more Community Magistrates has jurisdiction in respect of— a a category 1 offence; and b a category 2 offence punishable by a term of imprisonment not exceeding 3 months; and c an infringement offence. 2 The District Court presided over by 1 or more Community Magistrates does not have any jurisdiction in respect of a category 1 or 2 offence that is a continuing offence. 3 This section is subject to section 114(3) . 4 Nothing in section 361A, 361B, or 361C limits this section. 23 Sections 357 to 359 repealed Repeal sections 357 to 359. 24 Section 361 amended (Jurisdiction of Justices and Community Magistrates to take pleas) Replace section 361(2) and (3) with: 2 If the court exercising jurisdiction under subsection (1) is presided over by 1 or more Justices and the defendant indicates to the court that they wish to plead guilty to an offence, the defendant must be brought before a Judge or the District Court presided over by 1 or more Community Magistrates to enter a plea. 3 If the District Court presided over by 1 or more Community Magistrates receives a plea from a defendant to a charge for a category 2 offence punishable by a term of imprisonment exceeding 3 months or a category 3 offence, the court must transfer the proceeding to the District Court presided over by a District Court Judge. 3A If the District Court transfers a proceeding under subsection (3) , that court must immediately adjourn the proceeding to a time and place then appointed. 3B The District Court to which a proceeding is transferred under subsection (3) may complete the proceeding as if it had been brought before that court in the first instance. 25 New sections 361A to 361C inserted After section 361, insert: 361A Jurisdiction of Community Magistrates to convict defendant after receiving guilty plea for category 3 and certain category 2 offences 1 This section applies if the District Court presided over by 1 or more Community Magistrates receives a guilty plea from a defendant to a charge for— a a category 2 offence punishable by a term of imprisonment exceeding 3 months; or b a category 3 offence. 2 The court may, before transferring the proceeding to the District Court presided over by a District Court Judge under section 361(3) , convict the defendant of the offence. 361B Jurisdiction of Community Magistrates to direct preparation of pre-sentence report: when no reason to believe sentence of community detention or home detention may be appropriate 1 Subsection (2) applies if the District Court presided over by 1 or more Community Magistrates— a receives a guilty plea from a defendant to a charge for, or finds a defendant guilty of, a category 2 offence punishable by a term of imprisonment not exceeding 3 months; and b has reason to believe that a sentence of imprisonment may be appropriate; and c has no reason to believe that a sentence of community detention or home detention may be appropriate. 2 If this subsection applies, the court may, before transferring the proceeding to the District Court presided over by a District Court Judge under section 114(3) for the sentencing of the defendant, direct a probation officer to prepare a report for the sentencing court in accordance with section 26(2) of the Sentencing Act 2002. 3 Subsection (4) applies if the District Court presided over by 1 or more Community Magistrates— a receives a guilty plea from a defendant to a charge for— i a category 2 offence punishable by a term of imprisonment exceeding 3 months; or ii a category 3 offence; and b has no reason to believe that a sentence of community detention or home detention may be appropriate. 4 If this subsection applies, the court may, before transferring the proceeding to the District Court presided over by a District Court Judge under section 361(3) , direct a probation officer to prepare, for the court to which the proceeding is to be transferred, a report in accordance with section 26(2) of the Sentencing Act 2002. 5 The District Court presided over by 1 or more Community Magistrates must not direct the preparation of a report under subsection (2) or (4) on any aspects of the personal characteristics or personal history of an offender if a report covering those aspects is readily available to the court and there is no reason to believe that there has been any change of significance to the court since the report was prepared. 6 On directing the preparation of a report under subsection (2) or (4) , the court may indicate to the probation officer the type of sentence or other mode of disposition that the court has reason to believe may be appropriate, and may also give any other guidance to the probation officer that will assist the officer to prepare the report. 7 If a court has directed the preparation of a report under subsection (2) or (4) , the probation officer charged with the preparation of the report may seek further directions from the court to which the proceeding has been transferred on— a any particular item of information directed to be included in the report; or b any alternative sentence or other mode of disposition that may be considered by the court to which the proceeding has been transferred if it appears that the sentence or other mode of disposition under consideration is inappropriate. 8 In this section and section 361C , probation officer and sentence of imprisonment have the meanings given to them in section 4(1) of the Sentencing Act 2002. 361C Jurisdiction of Community Magistrates to direct preparation of pre-sentence report: when reason to believe sentence of community detention or home detention may be appropriate 1 Subsection (2) applies if the District Court presided over by 1 or more Community Magistrates— a receives a guilty plea from a defendant to a charge for, or finds a defendant guilty of, a category 2 offence punishable by a term of imprisonment not exceeding 3 months; and b has reason to believe that a sentence of home detention may be appropriate. 2 If this subsection applies, the court must, before transferring the proceeding to the District Court presided over by a District Court Judge under section 114(3) for the sentencing of the defendant, direct a probation officer to prepare, for the sentencing court, a report that— a may include any of the matters outlined in section 26(2) of the Sentencing Act 2002; and b must include the matters outlined in section 26A(2) of the Sentencing Act 2002. 3 Subsection (4) applies if the District Court presided over by 1 or more Community Magistrates— a receives a guilty plea from a defendant to a charge for— i a category 2 offence punishable by a term of imprisonment exceeding 3 months; or ii a category 3 offence; and b has reason to believe that a sentence of community detention or home detention may be appropriate. 4 If this subsection applies, the court must, before transferring the proceeding to the District Court presided over by a District Court Judge under section 361(3) , direct a probation officer to prepare, for the court to which the proceeding is to be transferred, a report that— a may include any of the matters outlined in section 26(2) of the Sentencing Act 2002; and b must include the matters outlined in section 26A(2) of the Sentencing Act 2002. 5 Section 361B(5) to (7) applies, with any necessary modifications, to a report prepared under subsection (2) or (4) of this section. 26 Section 362 amended (Jurisdiction of Justices and Community Magistrates to make and renew interim suppression orders) Replace section 362(1) with: 1 Nothing in this section applies when the District Court presided over by 1 or more Justices, or 1 or more Community Magistrates, is exercising jurisdiction in accordance with section 355 or 356 . 27 Section 387 amended (Regulations) Repeal section 387(1)(k) and (5). 28 Schedule 1AA amended In Schedule 1AA,— a insert the Part set out in Schedule 3 of this Act as the last Part; and b make all necessary consequential amendments. 29 Principal Act This subpart amends the Land Transport Act 1998. 30 Section 105 amended (Court may make order authorising grant of limited licence) Replace section 105(4) with: 4 If the application relates to a disqualification order made by the District Court, the application— a must be made to the court by which the order was made; and b may be determined by that court presided over by— i a District Court Judge; or ii 1 or more Community Magistrates. 4A However, the District Court presided over by 1 or more Community Magistrates may not determine an application relating to a disqualification order unless— a the order was made on the applicant’s conviction for— i a category 1 offence; or ii a category 2 offence punishable by a term of imprisonment not exceeding 3 months; and b the application is unopposed. After section 105(9), insert: 10 In this section, category 1 offence and category 2 offence have the meanings given to them in section 6(1) of the Criminal Procedure Act 2011. 31 Schedule 1 amended In Schedule 1,— a insert the Part set out in Schedule 4 of this Act as the last Part; and b make all necessary consequential amendments. 32 Consequential amendments related to this Part Amend the Acts specified in Schedule 5 as set out in that schedule. 1 New Part 3 inserted into Schedule 1AA of District Court Act 2016 3 Provisions relating to Community Magistrates Legislation Amendment Act 2026 3 Interpretation In this Part,— amendment Act means the Community Magistrates Legislation Amendment Act 2026 commencement date means the date on which the amendment Act comes into force new , in relation to a provision of this Act, means the provision as in force on and after the commencement date old , in relation to a provision of this Act, means the provision as in force before the commencement date. 4 Transitional provision relating to Chief Community Magistrate 1 This clause applies to a person ( A ) who, immediately before the commencement date, held office as the Chief Community Magistrate. 2 If, immediately before the commencement date, A also held office as a Judge, A is treated as holding office as the Principal Community Magistrate on and after the commencement date as if A were appointed under new section 51 by the Governor-General on the advice of the Attorney-General. 3 If, immediately before the commencement date, A did not also hold office as a Judge, then, despite new section 54 , A is treated as holding office as the Principal Community Magistrate on and after the commencement date— a as if— i the requirement for a person to be a Judge in order to be eligible for appointment as Principal Community Magistrate had not been enacted; and ii A were appointed under new section 51 by the Governor-General on the advice of the Attorney-General; and b until the earliest of the following events: i A ceases to hold office as a Community Magistrate: ii a person who holds office as a Judge is appointed as the Principal Community Magistrate under new section 51 : iii the end of the day that is 6 months after the commencement date. 4 For any period during which A is treated as holding office as the Principal Community Magistrate under subclause (3) , A— a may, despite new section 55(3) , sit as a Community Magistrate and exercise the jurisdiction of a Community Magistrate; and b must be remunerated as if— i the amendments made to section 60 of this Act by section 10 of the amendment Act had not been made; and ii the amendment made to clause 5(1) of the Community Magistrates (Remuneration and Allowances) Order 2019 by section 13 of the amendment Act had not been made; and iii A continued to hold office as the Chief Community Magistrate. 5 Transitional provision relating to Acting Chief Community Magistrate 1 This clause applies if, before the commencement date, a Community Magistrate ( A ) was appointed under old section 56(1) to act in place of the Chief Community Magistrate for a period that ends on or after the commencement date. 2 A is treated as acting in place of the Principal Community Magistrate for the period that— a starts at the later of the following times: i the start of A’s period of appointment under old section 56(1): ii the start of the day on which the amendment Act comes into force; and b ends on the earliest of the following events: i the end of A’s period of appointment under old section 56(1): ii A ceases to hold office as a Community Magistrate: iii a Judge is appointed as the Principal Community Magistrate under new section 51 : iv a Judge is appointed under new section 56(1) to act in place of the Principal Community Magistrate: v the end of the day that is 6 months after the commencement date. 3 For the period during which A is treated as acting in place of the Principal Community Magistrate under subclause (2) , A— a is empowered to perform the functions and duties, and to exercise all the powers, of the office of Principal Community Magistrate; and b may, despite new section 55(3) , sit as a Community Magistrate and exercise the jurisdiction of a Community Magistrate; and c must be remunerated as if— i the amendments made to section 60 of this Act by section 10 of the amendment Act had not been made; and ii old section 61 had not been replaced by section 11 of the amendment Act; and iii the amendment made to clause 5(1) of the Community Magistrates (Remuneration and Allowances) Order 2019 by section 13 of the amendment Act had not been made; and iv A were an acting Chief Community Magistrate acting as authorised under old section 56. 2 Consequential amendments related to Part 1 In Schedule 4, item relating to the Chief Community Magistrate and the Community Magistrates, delete Chief Community Magistrate and the . In regulation 2, delete (other than the Chief Community Magistrate) . In regulation 4(1)(c) and (3), replace Chief Community Magistrate with Principal Community Magistrate . In clause 5(1), delete (including the Chief Community Magistrate) . 3 New Part 6 inserted into Schedule 1AA of Criminal Procedure Act 2011 6 Provision relating to Community Magistrates Legislation Amendment Act 2026 10 Proceedings affected by amendments 1 The amendments made to this Act by sections 19 to 26 of the amendment Act apply only to proceedings commenced on or after the commencement date. 2 Proceedings commenced before the commencement date, and not finally determined before the commencement date (including any rehearing, retrial, or appeal), continue as if those amendments had not been enacted. 3 In this clause,— amendment Act means the Community Magistrates Legislation Amendment Act 2026 commencement date means the date on which the amendment Act comes into force. 4 New Part 11 inserted into Schedule 1 of Land Transport Act 1998 11 Provision relating to Community Magistrates Legislation Amendment Act 2026 32 Limited licence applications affected by amendments 1 The amendments made to section 105 of this Act by section 30 of the amendment Act apply to an application for a limited licence made on or after the commencement date regardless of whether the disqualification order to which the application relates was made before, on, or after the commencement date. 2 The amendments made to section 105 of this Act by section 30 of the amendment Act do not apply to an application for a limited licence made before the commencement date. 3 In this clause,— amendment Act means the Community Magistrates Legislation Amendment Act 2026 commencement date means the date on which the amendment Act comes into force. 5 Consequential amendments related to Part 2 In section 27(2), delete before a District Court Judge . In section 89(3), replace a District Court Judge with the District Court . In section 274(1), (2), (3), (4), and (5), replace Judge with court . In section 33(1), replace alone with or 1 or more Community Magistrates . In section 33(10), replace may himself with or Community Magistrate or Community Magistrates may . In section 71(3), delete before a District Court Judge . In section 112(1) and (3), replace liable, on conviction before a District Court Judge, with liable on conviction . In section 112(2), delete before a District Court Judge . In section 135(2), delete or 1 or more Community Magistrates . In section 16(6), delete before a District Court Judge . In section 23(3),— a replace liable, on conviction before a District Court Judge, to a fine not exceeding with liable on conviction to, ; and b in paragraph (b), before $10,000 , insert a fine not exceeding . In section 18J(2), replace a District Court Judge with the District Court presided over by a District Court Judge or 1 or more Community Magistrates . In section 29A(2),— a replace District Court Judge with court in each place; and b replace he with the court . In section 214B(2)(a)(ii), replace a District Court Judge or with a Community Magistrate or Community Magistrates, a District Court Judge, or . Repeal section 276. Replace section 40(2) with: 2 Despite subsection (1),— a the District Court presided over by 2 or more Justices has jurisdiction in respect of offences against sections 4, 7, 17 to 20, 22, 25, and 30 to 38; and b the District Court presided over by 1 or more Community Magistrates has jurisdiction in respect of an offence against this Act if the offence is— i a category 1 offence; or ii a category 2 offence punishable by a term of imprisonment not exceeding 3 months; or iii an infringement offence. 3 In this section,— category 1 offence and category 2 offence have the meanings given to them in section 6(1) of the Criminal Procedure Act 2011 infringement offence has the meaning given to it in section 38A.