Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Miscellaneous provisions

414: Repealed enactment continues to have effect

You could also call this:

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

When an old law is replaced by a new one, the old law can still be used in some cases. This is important for court cases that started before the old law was replaced.

If you did something that was against both the old law and the new law, you can still be found guilty under the old law. This is true even if it’s not clear exactly when you did it, as long as it was either before the old law was replaced or after the new law started.

You can use any defence that would work for the new law, even if you’re being charged under the old law. This is only if that defence makes sense for the old law too.

If you’re found guilty under the old law, you won’t get a punishment worse than what the new law says. You’ll get whichever punishment is less severe between the old law and the new law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1402156.

Topics:
Crime and justice > Criminal law
Government and voting > Government departments
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413: Enactment creating offence is repealed and replaced or consolidated, or

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

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415: Inconsistency with other enactment or rule of law, or

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Part 14 Miscellaneous provisions

414Repealed enactment continues to have effect

  1. The repealed enactment referred to in section 413(a) continues to have effect for the purposes of the proceedings.

  2. The defendant may be found guilty or convicted of the offence created by the repealed enactment if the defendant’s act or omission—

  3. would have constituted an offence under both the repealed enactment and the new enactment referred to in section 413(a); and
    1. occurred on a date that cannot be established with certainty but that is established to have occurred either after the commencement of the repealed enactment and before its repeal or after the commencement of the new enactment and before its repeal.

      1. If subsection (1) applies, the defendant is entitled to raise any defence to the repealed enactment that the defendant would be entitled to raise under the new enactment, if that defence is relevant to the repealed enactment.

      2. A defendant found guilty or convicted, in accordance with this section, of an offence created by the repealed enactment is liable to a maximum penalty which is the lesser of that prescribed for the offence of which the defendant is found guilty or convicted and that prescribed for the corresponding offence created under the new enactment.

      Notes
      • Section 414: inserted, on , by section 17 of the Crimes Amendment Act (No 2) 2008 (2008 No 37).