Justice Department - Voluntary Appearances - Process for Unscheduled (Voluntary) Appearances

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Criminal Courts prosecuting authorities, lawyers and other Court users are often required to manage the unscheduled appearances of defendants, commonly known as voluntary
appearances.

In the Ministry of Justice’s northern region it is estimated that the number of unscheduled
appearances is approximately 75 per day – this is equivalent to the Court having to deal with an entire additional list of cases to be heard.

The Criminal Caseflow Managers group in the northern region have drafted a process aimed at reducing the impact of these voluntary appearances on Courts and Court users; and ensuring they are dealt with in a consistent manner throughout the northern region.
This process is outlined for your information below.

Process for Unscheduled (Voluntary) Appearances
Unscheduled (voluntary) appearances will only be heard in a Criminal List Court.
When a defendant contacts the Court, in relation to a matter on which a warrant has been
issued for the defendant’s arrest, and the defendant wishes to have the warrant withdrawn and appear before the Court:
1. The status and location of the warrant will be checked.
2. If a Registrar issued the warrant:
 the matter will be referred to that Registrar to consider the defendant’s application to
withdraw the warrant and to make a voluntary appearance
 On considering an application to withdraw a warrant and to make a voluntary
appearance, the Registrar will record their decision on either the information sheet in
the record of hearing or an a separate specifically developed sheet
3. If the Registrar who issued the warrant is not available, or if the warrant was issued by a
Judge, Justice or Community Magistrate, then the warrant can only be withdrawn by a
Judge, or the issuing Justice or Community Magistrate
4. The Criminal list Court sitting on that day will be checked to see if it is able to
accommodate the ‘unscheduled appearance’.
5. If there is capacity to accommodate the ‘unscheduled appearance’ in the Criminal list
that day, and that Court is still sitting, the Registrar may arrange for the defendant to
appear in that Court.
6. If the Criminal list Court is not able to accommodate the ‘unscheduled appearance’ on
the day of the request, the Registrar may arrange for the defendant to appear on the
next available list date.
7. The Registrar will advise the defendant that the warrant remains outstanding until the
defendant appears on the new date and hand the defendant a notice of hearing (see
appendix 1).
Appendix 1:
CRN/CRI: __________________________________________________________________
Name: _____________________________________________________________________
Current Address: ____________________________________________________________
___________________________________________________________________________
A warrant has been issued for your arrest for failing to appear in court on a scheduled date and
time.
Court: _________________________________ On: ______________________________
This matter was not able to be called before the Court on the date of your attendance at the
counter. An appearance has been scheduled to clear this warrant at the ________________
District Court on: _______________ at ___________________ am/pm which is the next available
sitting of the Court.
NOTE:
 This warrant will not be cancelled until you appear in Court.
 You may be arrested between now and the date given by the Registrar. Any decision
whether or not to execute this warrant is at the discretion of the Police.
 The court will notify the prosecuting agency (i.e. Police, WINZ, IRD etc) of the above date
so their file may be in court on the above date.
 It is suggested that you seek legal advice before this appearance.
_______________________________
Defendant (Signature)
_______________________________ Date____________________________
(Deputy) Registrar
__________ District Court
Present this form to the counter on the morning of court so your case may be called and progressed.
Office use only.
Prosecution notified:
Foreign court notified:
Notice of hearing to cancel an outstanding Warrant to Arrest

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