Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a client is in police custody or has been remanded in prison and needs to apply for pre-trial release. It helps defence counsel navigate New Zealand bail laws, propose robust community conditions like electronic monitoring, and address risk factors to secure the client's liberty.
Jurisdiction: District Court of New Zealand (Criminal Division). This parent plan covers the initial bail application and scheduling framework in the District Court. Subsequent High Court appeals and bail reviews or variations are covered in the forks below.
The Process at a Glance: The process starts by checking the offence category and prior history to determine if the client is bailable as of right or subject to a show cause regime. Counsel conducts conflict checks, executes a retainer, and gathers client details. A suitable residential address is proposed, co-occupant consents are secured, and electronic monitoring is initiated if required. Defence compiles supporting evidence including whanau letters and employment contracts. Counsel files and serves the application, coordinates with the registry and prison for AVL hearings, represents the client at court, and monitors post-release compliance.
Use this plan when a client has already been granted bail but experiences a change in circumstances (e.g. new employment curfew, medical diagnosis, or co-resident consent withdrawal) that requires a variation of bail conditions under Section 33 or Section 34 of the New Zealand Bail Act 2000.
Use this plan when a District Court Judge has refused bail or has imposed unreasonable conditions, and the defendant wishes to appeal to the High Court under section 42 of the Bail Act 2000. It guides defence counsel through the strict filing window, drafting the notice of appeal, and managing the appellate hierarchy to challenge District Court bail determinations.
Key Legislation and Case Law: Bail Act 2000 - primary legislation. Key provisions: s 7 (rules as to granting bail); s 8 (tripartite risk assessment); s 9A (murder show cause); s 10 (specified serious offence reverse onus); s 12 (recidivist show cause); s 13 (post-conviction pre-sentence); s 17A (Class A drug dealing); s 21 (Police bail); s 30G (occupant consent); s 30K (GPS signal checks); s 30T-30X (abstinence conditions); s 35 (warrantless arrest); s 36A (refusing entry offence); s 52A (period for which a custody warrant may be issued). Criminal Procedure Act 2011 - defines Category 1-4 offences under s 6. Key case: [Greer v The Queen [2006] NZSC 76](https://www.nzlii.org/) - a convicted appellant must show cause why bail should be granted pending appeal, and it is granted only where that is in the interests of justice.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Bail Application - District Court (Defendant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Criminal Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Got a question about this plan?
Ask in the practitioner Discord - edge cases, rule changes, and jurisdiction-specific nuances, all in one place.
We do not house forms for this jurisdiction yet. Where a task names a form, its link goes to the official source.