Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Miscellaneous provisions

413: Enactment creating offence is repealed and replaced or consolidated

You could also call this:

“What happens when a law about a crime is replaced or combined with another law”

This part of the law explains what happens when an old rule about a crime is replaced by a new rule. It says that Section 414 applies in certain situations.

You might see this happen if someone is accused of breaking the old rule, or the new rule, or both. It also applies when it’s not clear if the person did something wrong before or after the rule changed.

This law is used when it’s hard to tell exactly when someone did something that might be against the rules. It doesn’t matter if they’re accused of breaking the old rule, the new rule, or both.

Remember, this only applies to rules that are part of this specific law (the Crimes Act 1961) and when an old rule is replaced or combined with other rules to make a new one.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1402155.

Topics:
Crime and justice > Criminal law
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412: Repeals and savings, or

“ This part explains which old laws are being removed and which ones are being kept when the new law starts. ”

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414: Repealed enactment continues to have effect, or

“Old rules can still apply to crimes that happened when they were active, even if the rules have changed.”

Part 14 Miscellaneous provisions

413Enactment creating offence is repealed and replaced or consolidated

  1. Section 414 applies if—

  2. an enactment that forms a part of this Act and that creates an offence is repealed and is replaced by, or is consolidated in, a new enactment, whether in the same or a different form; and
    1. proceedings are commenced for an offence contrary to the repealed enactment in reliance on section 34 of the Legislation Act 2019; or
      1. proceedings are commenced for an offence contrary to the new enactment; or
        1. proceedings are commenced for an offence contrary to the repealed enactment in reliance on section 34 of the Legislation Act 2019 and, in the alternative, for an offence contrary to the new enactment; and
        2. the date of the act or omission by the defendant constituting the alleged offence cannot be established with sufficient certainty to determine whether it occurred before the repeal of the repealed enactment or after the commencement of the new enactment.

          Notes
          • Section 413: inserted, on , by section 17 of the Crimes Amendment Act (No 2) 2008 (2008 No 37).
          • Section 413(a)(i): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
          • Section 413(a)(iii): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).