Adult criminal court | Te Kōti Taihara

The District Court is the main court where adult criminal cases begin. Anyone charged with a criminal offence makes their first appearance in the District Court, even if their case is ultimately heard in the High Court.

Most defendants go through the entire justice process in the District Court, from first appearance until sentencing if they are convicted, whether they plead guilty or not 
guilty.

Criminal cases are categorised according to the crime with which the defendant is charged. This includes cases across the full spectrum of complexity and seriousness: 

Category 1 or 2 offences

For less serious offences the only trial option is a judge-alone trial. Depending on the nature of the offence, either a judge, community magistrate or judicial justice of the peace will hear the case. There will be no jury.

Category 3 offences

For these offences there is a choice of a judge-alone trial or a jury trial within the District Court.

Category 4 offences

For these offences there will be a jury trial in the High Court

Jury trials 

All New Zealanders have a right to choose trial by jury if they are charged with a serious offence punishable by two or more years in prison. The New Zealand Bill of Rights Act 1990 protects this right. 

Jury trials are an important aspect of the criminal justice system. Members of the jury are the factfinders in a case, determining whether guilt has been proved 
beyond reasonable doubt. Sitting on a jury allows members of the public to participate in the court process and be directly involved in the administration of justice and the rule of law.

Each jury is comprised of 12 New Zealanders selected at random. Generally, to reach a decision all members of the jury must agree. However, there are certain cases where a decision may be reached with the agreement of 11 jurors. If jurors return a guilty verdict, a judge will then sentence the offender. 

Most jury trials in New Zealand take place in the District Court.