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Crimes Act 1961

Matters of justification or excuse - Sentence or process

27: Execution of erroneous sentence or process

You could also call this:

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

Illustration for Crimes Act 1961

If a court with the power to make a decision gives you a sentence or issues a process, you have to follow it. This is true even if the court did not have the power to make that specific decision. You must also follow a warrant issued by a court or person with the power to issue it, even if they did not have the power to issue it in your case. The sentence, process, or warrant is enough for the people in charge, like a prison manager, to carry it out.

You have to follow the sentence or process, even if the court that made the decision did not have the authority to do so. This is also true if the court or person issuing the warrant did not have the power to issue it, or if they exceeded their power.

The law that explains this is found in the Corrections Act 2004, which changed this rule on 1 June 2005.

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This page was last updated on

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 lawCrime and justice > Courts and legal help
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26: Execution of sentence, process, or warrant, or

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

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28: Sentence or process without jurisdiction, or

"Protection for following orders you believe are lawful"

Part 3Matters 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).