Applications for variation of bail conditions

The Judges of the Auckland District Court have directed that any application for variation of bail conditions must be made by way of application and memorandum in support.

This must set out the old conditions and the proposed variation, the purpose of the variation and whether the application is opposed or not opposed. The application and memorandum can be filed electronically. The timeframe for filing is three days before the hearing. Judges will not hear any applications for bail variations unless this process is followed.

This direction has been necessitated because, at times, the whole file is not before the Court, and there could be minutes or decisions from earlier bail hearings that are relevant for an application for variation.

In addition, when a matter is called on the day and an application is made orally, the Court may not be prepared and the judges are concerned that there may be important information that is not before the judge hearing the application.

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