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Adoption Act 1955

Miscellaneous

27D: Attorney-General's consent required where jurisdiction claimed under section 27C

You could also call this:

"The government's approval is needed to take someone to court under certain rules."

Illustration for Adoption Act 1955

If you want to take someone to court in New Zealand for breaking the law under section 27A, you need the Attorney-General's consent first. This is if the court is using section 27C to claim it has the power to deal with the person. You can still arrest the person or issue a warrant for their arrest without the Attorney-General's consent. The person can also be remanded in custody or on bail while waiting for the court case, even if the Attorney-General has not given consent.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3955705.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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27C: Extraterritorial jurisdiction in respect of offence under section 27A as required by Optional Protocol, or

"New Zealand can charge you with a crime even if it happened outside the country"

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27E: Power to amend Schedule 1AAB by Order in Council, or

"The Governor-General can change some adoption rules by Order in Council."

27DAttorney-General's consent required where jurisdiction claimed under section 27C

  1. No proceedings for an offence against section 27A may be brought in a New Zealand court in respect of any person without the consent of the Attorney-General if jurisdiction over the person is claimed by virtue of section 27C.

  2. However, a person alleged to have committed an offence against section 27A may be arrested, or a warrant for the person's arrest may be issued and executed, and the person may be remanded in custody or on bail, even though the Attorney-General's consent under subsection (1) has not been obtained.

Notes
  • Section 27D: inserted, on , by section 6 of the Adoption Amendment Act 2011 (2011 No 60).