Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Jurisdiction

10A: Criminal enactments not to have retrospective effect

You could also call this:

“You can't be punished for something that wasn't against the law when you did it.”

You cannot be held responsible in criminal proceedings for something you did or didn’t do if it wasn’t against the law at the time you did it. This means that if you do something today that isn’t illegal, but it becomes illegal tomorrow, you can’t be punished for what you did today. This rule applies even if other laws or rules might say otherwise. The law doesn’t work backwards in time when it comes to criminal matters.

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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

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

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 1 Jurisdiction

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).