If you do something that is against the law in more than one Act, you can be charged and punished under either of those Acts. You can be charged under one Act even if what you did is against the law in another Act as well. If you break the law in more than one way, you can be charged under any one of those laws. You cannot be punished twice for the same crime.

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This page was last updated on 4 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328049.

Topics:

Crime and justice > Criminal law

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

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

10A: Criminal enactments not to have retrospective effect, or

"You can't get in trouble for something that wasn't against the law at the time you did it."

Part 1Jurisdiction

10Offence under more than 1 enactment

Where an act or omission constitutes an offence under this Act and under any other Act, the offender may be prosecuted and punished either under this Act or under that other Act.
Where an act or omission constitutes an offence under 2 or more Acts other than this Act, the offender may be prosecuted and punished under any one of those Acts.
Where an act or omission constitutes an offence under 2 or more provisions of this Act or of any other Act, the offender may be prosecuted and punished under any one of those provisions.
No one is liable to be punished twice in respect of the same offence.

Compare

1908 No 32 s 6
1924 No 11 s 25(i)

Notes

Section 10(4): replaced, on 1 July 2013, by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).