Every District Court case begins with a piece of paper, and the Act is precise about which one. Getting the right document, in front of the right officer, is the first step in every chapter of this series.
The commencing section
Proceedings before a Court shall be commenced (a) by an information or a complaint, which may be laid by the complainant in person, or by his legal representative or other person authorized for the purpose; or (b) by a Traffic Infringement Summons.
Section 1 draws the line between the first two. An “information” includes a complaint for an offence but not any other complaint; a “complaint” means a complaint other than a complaint for an offence, and includes an application and a notice of set-off. So the word “complaint” in the Act means a civil claim, even though in ordinary speech a person “complains” to the police. The person who lays either document is the “complainant”, which under section 1 includes an informant.
| Document | Used for | Form | Detail |
|---|---|---|---|
| Information | A criminal charge: simple offence, Schedule 2 offence, or the start of a committal | Form 16 | What is an information |
| Complaint | A civil claim, an application under another Act, or a set-off | Form 15 | What is a complaint |
| Traffic Infringement Summons | A traffic offence dealt with under the fixed-penalty system | Issued by the police under the traffic legislation | Part VIIA, s 132A |
Who can lay an information or complaint
Section 28 names three: the complainant in person, the complainant’s legal representative, and any other person authorised for the purpose. In criminal cases the informant is almost always a police officer, and section 59(2) lets the informant appear at the hearing by a police officer. But nothing in the Act confines informations to the police: a private citizen may lay an information for a simple offence, and regulation 7 requires only that a summons issue on the application of the complainant, a lawyer, or an authorised person. In civil cases the complainant is the claimant. Section 4 of the Claims By and Against the State Act 1996 allows a suit by the State in a District Court to be brought by the Attorney-General or a person appointed by the Minister.
Before whom it is laid
Notwithstanding anything in this or any other Act, a complaint may be made to, or an information laid before, and a summons issued on it by, the Clerk or a Magistrate.
The Clerk’s counter is therefore the front door. Under section 41 a magistrate may issue a summons on an information for an offence committed anywhere in the country, and on a complaint within the limits of the magistrate’s jurisdiction. For a warrant in the first instance, rather than a summons, the information must be laid before a magistrate, in writing and on oath (sections 35(1) and 50).
What follows
| Step | Criminal | Civil |
|---|---|---|
| Process issued | Summons (s 41), or warrant in the first instance (ss 49–50), or the defendant is already under arrest | Summons (s 41(2)), or a default summons for a liquidated debt (s 156) |
| Particulars | The Court may direct particulars of the offence (s 31) | Particulars of demand endorsed on or annexed to the summons (s 133) |
| Service | At least 72 hours before the hearing (s 47) | 72 hours; six days for a default summons (s 157) |
| Listing | Entered in the Register of Decisions in the order received (reg 11) and called in that order | |
| First appearance | Plea under s 128, or committal under Part VI | Defendant asked to show cause under s 139 |
Fees
One practical difference between the two documents is who drafts them. A police information is prepared by the informant, checked by the prosecutor and, as the Magistrates’ Manual observes, should be checked again by the magistrate for its essential ingredients, time limit and jurisdiction before a summons issues. A civil complaint is usually drafted by the complainant, often without a lawyer. Court staff may give factual information about the procedure but should not give legal advice about what to claim, and a complainant who is unsure of the basis of the claim should get advice before filing rather than after.
Section 262 requires the prescribed fees to be paid in advance by the party on whose behalf proceedings are taken, and Schedule 3 of the Regulation fixes them. No fee is taken from a police officer acting in the execution of duty, and the Family Protection Act 2013 provides in section 25 that no fee is payable on an application for a family protection order. See court fees.
Because a “complaint” includes an application, most matters that other Acts send to the District Court, such as a maintenance application under the Lukautim Pikinini Act or a family protection order, begin the same way: by complaint and summons, in the prescribed form if there is one, or in a similar form if there is not (regulation 2(2)).
The District Courts Act and Regulation are not on PacLII; both are on vLex (Act, Regulation).
Before relying on anything here, read the current text of the District Courts Act (Chapter 40) and check for later amendments. The Act is not on PacLII; the figures and time limits quoted in this series come from the consolidation to No 8 of 2000, and the District Courts (Amendment) Act 2009 changes some of them once it is brought into operation. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.