Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Jurisdiction

9: Offences not to be punishable except under New Zealand Acts

You could also call this:

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

You cannot be found guilty of a crime that is not defined in New Zealand law. This means you can’t be convicted of crimes that were only set out in old English, British, or UK laws.

There are two exceptions to this rule. First, the House of Representatives can still punish people for contempt. Second, the Court Martial and officers in the New Zealand forces still have their usual powers.

If a court wants to punish someone for contempt, they have to follow the rules in the Contempt of Court Act 2019.

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 It might be out of date or be missing some parts.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=DLM328048.

Topics:
Crime and justice > Criminal law
Crime and justice > Courts and legal help
Previous

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

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

Next

10: Offence under more than 1 enactment, or

“What happens if you break more than one law at the same time?”

Part 1 Jurisdiction

9Offences not to be punishable except under New Zealand Acts

  1. No one shall be convicted of any offence at common law, or of any offence against any Act of the Parliament of England or the Parliament of Great Britain or the Parliament of the United Kingdom:

    provided that—

  2. nothing in this section shall limit or affect the power or authority of the House of Representatives to punish for contempt:
    1. nothing in this section shall limit or affect the jurisdiction or powers of the Court Martial, or of any officer in any of the New Zealand forces.

      1. The jurisdiction, authority, or power of a court to punish for contempt is subject to the Contempt of Court Act 2019.

      Compare
      • 1908 No 32 s 5
      Notes
      • Section 9(1) proviso paragraph (a): amended, on , by section 29 of the Contempt of Court Act 2019 (2019 No 44).
      • Section 9(1) proviso paragraph (b): amended, on , by section 87 of the Court Martial Act 2007 (2007 No 101).
      • Section 9(2): inserted, on , by section 29 of the Contempt of Court Act 2019 (2019 No 44).