Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Jurisdiction

8A: Jurisdiction in respect of certain persons with diplomatic or consular immunity

You could also call this:

“ New Zealand can prosecute certain diplomatic staff for serious crimes committed overseas ”

This law is about when New Zealand can take legal action against certain people who work for the government overseas. It applies to you if you’re a top diplomat, someone working abroad for the government, or a New Zealand citizen who’s part of a diplomat’s family or working at a New Zealand office in another country.

If you do something outside New Zealand that would be a crime here (punishable by at least one year in jail), and you have immunity from being arrested in that country, New Zealand can treat it as if you did it here. This means you could be charged with a crime in New Zealand.

However, before you can be charged, the Attorney-General must give permission. Even without this permission, you can still be arrested and held in custody or released on bail, but the case can’t go further until the Attorney-General agrees.

This law helps make sure that people working for New Zealand overseas can still be held responsible for serious actions, even if they have special protection in other countries.

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 It might be out of date or be missing some parts.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=DLM328042.

Topics:
Crime and justice > Criminal law
Government and voting > Government departments
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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”

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“You can only be punished for breaking New Zealand laws, not laws from other countries or old common laws.”

Part 1 Jurisdiction

8AJurisdiction in respect of certain persons with diplomatic or consular immunity

  1. This section applies to every person who is—

  2. a head of mission or head of post within the meaning of the Foreign Affairs Act 1988; or
    1. a person who is on overseas service pursuant to section 6 of the Foreign Affairs Act 1988; or
      1. a New Zealand citizen ordinarily resident in New Zealand and who is—
        1. a member of the family of a person described in paragraph (a) or paragraph (b); or
          1. a member of the staff of a New Zealand overseas post or a New Zealand overseas mission, whether or not an officer or employee of the Ministry of Foreign Affairs and Trade or a person employed under section 10 of the Foreign Affairs Act 1988; or
            1. an officer or employee of the State services (as defined in section 5 of the Public Service Act 2020), or of New Zealand Trade and Enterprise (as established by the New Zealand Trade and Enterprise Act 2003), who is serving in a New Zealand overseas post or a New Zealand overseas mission.

            2. Where—

            3. any person to whom this section applies does, or omits to do, any act outside New Zealand (whether or not the act or omission concerned constitutes an offence under the laws in force in the place where it took place) that, if done or omitted within New Zealand would constitute an offence punishable by imprisonment for 1 year or more; and
              1. that person has immunity from criminal jurisdiction in the place where that act or omission took place; and
                1. that immunity has not been waived (otherwise than to any extent necessary to enable the extradition of that person),—
                    1. that act or omission shall be deemed to have taken place within New Zealand.

                  1. No charging document may be filed against any person over whom jurisdiction is claimed by virtue of subsection (2) without the leave of the Attorney-General.

                  2. Subsection (5) applies to any offence before a charging document may be filed in respect of which the consent of the Attorney-General is required by subsection (3).

                  3. Where any person is alleged to have committed an offence to which this subsection applies,—

                  4. he or she may be arrested; or
                    1. a warrant for his or her arrest may be issued and executed,—
                        1. and he or she may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General has not been obtained to the filing of a charging document in respect of that offence; but no further proceedings shall be taken until that consent has been obtained.

                      Notes
                      • Section 8A: inserted, on , by section 30 of the Foreign Affairs Act 1983 (1983 No 128).
                      • Section 8A(1): replaced, on , by section 14(1) of the Foreign Affairs Act 1988 (1988 No 159).
                      • Section 8A(1)(a): amended, on , pursuant to section 2(3) of the Foreign Affairs Amendment Act 1993 (1993 No 48).
                      • Section 8A(1)(b): amended, on , pursuant to section 2(3) of the Foreign Affairs Amendment Act 1993 (1993 No 48).
                      • Section 8A(1)(c)(ii): amended, on , pursuant to section 2(3) of the Foreign Affairs Amendment Act 1993 (1993 No 48).
                      • Section 8A(1)(c)(ii): amended, on , by section 6(1) of the Foreign Affairs Amendment Act 1993 (1993 No 48).
                      • Section 8A(1)(c)(iii): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                      • Section 8A(1)(c)(iii): amended, on , by section 84 of the New Zealand Trade and Enterprise Act 2003 (2003 No 27).
                      • Section 8A(3): amended, on , by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).
                      • Section 8A(4): amended, on , by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).
                      • Section 8A(5): amended, on , by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).