Crimes Act 1961

Matters of justification or excuse - Sentence or process

26: Execution of sentence, process, or warrant

You could also call this:

"Courts can ask officials to carry out sentences, orders, or warrants, and these officials can get help to do this."

Illustration for Crimes Act 1961

When you are a ministerial officer or a prison manager, you are allowed to carry out a sentence that a court has given. You can also get help from other people to do this. If you are a prison manager, you can receive and detain someone when a court says you have to. You are also allowed to carry out a process that a court has ordered, whether it is for a civil or criminal matter. This means you can follow the court's instructions and get help from others if you need it. If a court or a Justice or Community Magistrate issues a warrant, you are allowed to carry out the warrant if you are authorised to do so. You can get help from others to do this, and prison managers can receive and detain people as required by the warrant.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328232.


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25: Ignorance of law, or

"Not knowing the law is no excuse for breaking it"


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27: Execution of erroneous sentence or process, or

"You must follow a court order, even if it's wrong or the court didn't have the power to make it."

Part 3Matters of justification or excuse
Sentence or process

26Execution of sentence, process, or warrant

  1. Every ministerial officer of any court authorised to execute a lawful sentence, and every prison manager of any prison, and every person lawfully assisting any such ministerial officer or prison manager, is justified in executing the sentence.

  2. Every ministerial officer of any court duly authorised to execute any lawful process of the court, whether of a civil or a criminal nature, and every person lawfully assisting him or her, is justified in executing it; and every prison manager required under the process to receive and detain any person is justified in receiving and detaining him or her.

  3. Every one duly authorised to execute a lawful warrant issued by any court or Justice or Community Magistrate or other person having jurisdiction to issue the warrant, and every person lawfully assisting him or her, is justified in executing the warrant; and every prison manager required under the warrant to receive and detain any person is justified in receiving and detaining him or her.

Compare
  • 1908 No 32 s 46
Notes
  • Section 26(1): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
  • Section 26(2): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
  • Section 26(3): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
  • Section 26(3): amended, on , by section 2 of the Crimes Amendment Act (No 2) 1998 (1998 No 79).