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Companies Act 1993

Offences and penalties

375: Proceedings for offences

You could also call this:

“How and when legal proceedings can be started for company-related offences”

You can file a charging document at any time for an offence against section 373(4). This means there’s no time limit for bringing charges for this specific offence.

For offences listed in sections 373(1), 373(2), or 374, you have up to 3 years after the offence was committed to start legal proceedings. After this time, you can’t bring charges for these offences.

If you break the rules in sections 377 to 380, you can still be held responsible under other laws. However, you can’t be found guilty of breaking one of these sections and another law for the same action.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM323242.

Topics:
Business > Industry rules
Business > Fair trading
Crime and justice > Criminal law
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376: Defences, or

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Part 21 Offences and penalties

375Proceedings for offences

  1. Repealed

  2. Repealed

  3. Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011,—

  4. a charging document may be filed at any time in respect of an offence against section 373(4); and
    1. the limitation period in respect of an offence specified in section 373(1) or (2), or section 374 of this Act ends on the date that is 3 years after the date on which the offence was committed.

      1. Nothing in sections 377 to 380 affects the liability of any person under any other Act, but no person shall be convicted of an offence against any of those sections and a provision of any other Act in respect of the same conduct.

      Notes
      • Section 375(1): repealed, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
      • Section 375(2): repealed, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
      • Section 375(3): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).