If you do something that is not against the law at the time, you cannot be in trouble for it later if the law changes. You are only in trouble if what you did was against the law when you did it. The law cannot punish you for something that was not an offence when you did it.

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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=DLM328050.

Topics:

Crime and justice > Criminal law

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."

10B: Period of limitation, or

"This section used to set a time limit for taking legal action, but it's no longer in use."

Part 1Jurisdiction

10ACriminal enactments not to have retrospective effect

Notwithstanding any other enactment or rule of law to the contrary, no person shall be liable in any criminal proceedings in respect of an act or omission by him or her if, at the time of the act or omission, the act or omission by him or her did not constitute an offence.

Compare

1954 No 50 s 43B
1980 No 21 s 22

Notes

Section 10A: inserted, on 1 October 1985, by section 2 of the Crimes Amendment Act (No 2) 1985 (1985 No 121).