Crimes Act 1961

Matters of justification or excuse

20: General rule as to justifications

You could also call this:

“This explains when certain actions or reasons can make something not against the law.”

The law says that there are certain situations where something you do or don’t do might be justified or excused. These rules come from what’s called ‘common law’. They still apply to any charge against you, whether it’s under this Act or any other law. However, if this Act or another law changes these rules or doesn’t agree with them, then the new rules in the law will be used instead.

This part of the Act also lists some specific situations that can be used as justifications or excuses. These apply to all charges where they fit.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328214.

Topics:
Crime and justice > Criminal law

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Part 3 Matters of justification or excuse

20General rule as to justifications

  1. All rules and principles of the common law which render any circumstances a justification or excuse for any act or omission, or a defence to any charge, shall remain in force and apply in respect of a charge of any offence, whether under this Act or under any other enactment, except so far as they are altered by or are inconsistent with this Act or any other enactment.

  2. The matters provided for in this Part are hereby declared to be justifications or excuses in the case of all charges to which they are applicable.

Compare
  • 1908 No 32 s 40