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Crimes Act 1961

Jurisdiction

7B: Attorney-General's consent required where jurisdiction claimed under section 7A

You could also call this:

"Some crimes need the Attorney-General's okay to go to court."

Illustration for Crimes Act 1961

If you want to take someone to court in New Zealand for certain crimes, you need the Attorney-General's consent. This is if the court has power over the person because of section 7A. You can still arrest the person or issue a warrant for their arrest without the Attorney-General's consent. The Attorney-General's consent is also needed if the crime happened while someone was carrying out a terrorist act, and the court's power comes from section 7A. You can find more information about the Attorney-General's consent in section 78B, which is about crimes under sections 78AAA or 78AAB.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328032.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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Part 1Jurisdiction

7BAttorney-General's consent required where jurisdiction claimed under section 7A

  1. Proceedings for an offence against section 98AA, section 98A, section 116, section 117, section 207A, section 243, section 298A, or section 298B 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 7A.

  2. A person over whom jurisdiction is claimed by virtue of section 7A may be arrested for an offence against section 98AA, section 98A, section 116, section 117, or section 243, 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.

  3. Proceedings for an offence against this Act committed in the course of carrying out a terrorist act (within the meanings of those terms or expressions in sections 5 and 5A of the Terrorism Suppression Act 2002) cannot be brought in a New Zealand court against a person without the Attorney-General's consent, if jurisdiction over the person is claimed solely by virtue of section 7A.

  4. See section 78B about Attorney-General consent to proceedings for an offence against section 78AAA or section 78AAB (whether jurisdiction is claimed by virtue of section 7A or otherwise).

Notes
  • Section 7B: inserted, on , by section 4 of the Crimes Amendment Act 2002 (2002 No 20).
  • Section 7B(1): amended, on , by section 23 of the Family Violence (Amendments) Act 2018 (2018 No 47).
  • Section 7B(1): amended, on , by section 5(a) of the Crimes Amendment Act 2005 (2005 No 41).
  • Section 7B(1): amended, on , by section 5(b) of the Crimes Amendment Act 2005 (2005 No 41).
  • Section 7B(1): amended, on , by section 4(1) of the Crimes Amendment Act (No 2) 2003 (2003 No 105).
  • Section 7B(2): amended, on , by section 5(a) of the Crimes Amendment Act 2005 (2005 No 41).
  • Section 7B(2): amended, on , by section 5(b) of the Crimes Amendment Act 2005 (2005 No 41).
  • Section 7B(3): inserted, on , by section 4(2) of the Crimes Amendment Act (No 2) 2003 (2003 No 105).
  • Section 7B(3): amended, on , by section 57 of the Counter-Terrorism Legislation Act 2021 (2021 No 37).
  • Section 7B(4): inserted, on , by section 6 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).