Films, Videos, and Publications Classification Act 1993

Offences - Miscellaneous provisions

145B: Attorney-General's consent required where jurisdiction claimed under section 145A

You could also call this:

"Get Attorney-General's okay to take someone to court under section 145A"

Illustration for Films, Videos, and Publications Classification Act 1993

You need the Attorney-General's consent to take someone to court in New Zealand for a relevant offence if the court's power to deal with the person comes from section 145A. You can still arrest someone or issue a warrant for their arrest even if you do not have the Attorney-General's consent. The person can be kept in custody or released on bail while waiting for the Attorney-General's consent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM314404.

This page was last updated on 8 December 2025 — View changes

Topics:

Crime and justice > Courts and legal helpCrime and justice > Criminal law

145A: Extraterritorial jurisdiction for certain offences as required by Optional Protocol, or

"New Zealand can charge you with a crime even if it happened overseas, especially for child pornography offences"

145C: Offences deemed to be included in extradition treaties, or

"Certain serious crimes, like child pornography, are included in agreements with other countries to bring people to trial."

Part 8Offences
Miscellaneous provisions

145BAttorney-General's consent required where jurisdiction claimed under section 145A

Proceedings for a relevant offence cannot be brought in a New Zealand court against a person without the Attorney-General's consent, if jurisdiction over the person is claimed by virtue of section 145A.
A person over whom jurisdiction is claimed by virtue of section 145A may be arrested for a relevant offence, or a warrant for the person's arrest for the offence may be issued and executed, and the person may be remanded in custody or on bail, even though the Attorney-General's consent to the bringing of proceedings against the person has not been obtained.

Notes

Section 145B: inserted, on 22 February 2005, by section 34(1) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).