Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Matters of justification or excuse - Sentence or process

27: Execution of erroneous sentence or process

You could also call this:

“Carrying out a wrong sentence or legal action is still allowed if done by the right people”

If a court passes a sentence or issues a process, and they have the right to do so in some situations, then that sentence or process can be carried out. This is true even if the court didn’t have the authority to do it in that specific case.

The same goes for warrants. If a court or person issues a warrant, and they have the right to do so in some situations, then that warrant can be carried out. This is true even if they didn’t have the authority to issue it in that specific case, or if they went beyond their authority.

Anyone who is allowed to carry out these sentences, processes, or warrants can do so without getting in trouble. This includes officers, prison managers, and anyone else who is helping them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328236.

Topics:
Crime and justice > Criminal law
Crime and justice > Courts and legal help
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26: Execution of sentence, process, or warrant, or

“This explains how officials can legally carry out punishments and court orders.”

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28: Sentence or process without jurisdiction, or

“Legal protection for people carrying out sentences or warrants, even if the court or person giving the order made a mistake”

Part 3 Matters of justification or excuse
Sentence or process

27Execution of erroneous sentence or process

  1. If a sentence is passed or a process is issued by a court having jurisdiction under any circumstances to pass such a sentence or issue such a process, or if a warrant is issued by a court or person having jurisdiction under any circumstances to issue such a warrant, the sentence passed or process or warrant issued shall be sufficient to justify the execution of it by every officer, prison manager, or other person authorised to execute it, and by every person lawfully assisting him or her, notwithstanding that—

  2. the court passing the sentence or issuing the process had no authority to pass that sentence or issue that process in the particular case; or
    1. the court or other person issuing the warrant had no jurisdiction to issue it, or exceeded its or his or her jurisdiction in issuing it, in the particular case.

      Compare
      • 1908 No 32 s 47
      Notes
      • Section 27: amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).