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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:

“ You need the top lawyer's okay to take someone to court for certain crimes if they're not in New Zealand ”

If you are accused of certain crimes and the court claims they can judge you because of section 7A, the Attorney-General must agree before the court can start the case against you. This applies to crimes like dealing with slaves, smuggling migrants, bribery, and some other serious offences.

Even if the Attorney-General hasn’t agreed yet, you can still be arrested for some of these crimes. The police can also get a warrant to arrest you, and you might have to stay in jail or be released on bail while waiting.

If you are accused of doing something related to terrorism, and the only reason the court says they can judge you is because of section 7A, the Attorney-General must agree before the case can start.

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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 > Criminal law
Crime and justice > Courts and legal help
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7A: Extraterritorial jurisdiction in respect of certain offences with transnational aspects, or

“New Zealand can try certain crimes committed overseas if they involve terrorism or other serious offences, even if none of it happened in New Zealand.”

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8: Jurisdiction in respect of crimes on ships or aircraft beyond New Zealand, or

“New Zealand law applies to certain crimes committed on ships or planes outside the country”

Part 1 Jurisdiction

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.

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).