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Crimes Act 1961

Jurisdiction

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

You could also call this:

"You can't be punished for breaking a law that isn't a New Zealand law."

Illustration for Crimes Act 1961

You cannot be found guilty of an offence that is not part of a New Zealand law. This means you cannot be punished for something that is against a law from England or the United Kingdom. However, there are some exceptions to this rule.

You can still be punished for contempt, which is when you disobey or disrespect a court. The power to punish for contempt belongs to the House of Representatives and the courts. The rules for punishing contempt are outlined in the Contempt of Court Act 2019.

The Court Martial, which is a special court for the New Zealand forces, also has its own powers and jurisdiction. This means that the Court Martial can make its own decisions and punishments, separate from the regular courts. The Contempt of Court Act 2019 applies to the courts' power to punish for contempt.

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This page was last updated on

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 lawCrime and justice > Courts and legal help
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10: Offence under more than 1 enactment, or

"Breaking a law that's in more than one Act means you can be charged under any of those laws."

Part 1Jurisdiction

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).