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Crimes Act 1961

Crimes against public order - Treason and other crimes against the Sovereign and the State

78B: Consent of Attorney-General to proceedings in relation to certain offences

You could also call this:

"Some crimes need the Attorney-General's okay before you can charge someone"

Illustration for Crimes Act 1961

You can't charge someone with certain crimes against the state without the Attorney-General's consent. These crimes are listed in sections like section 78, 78AAA(1), and 78A(1). You need the Attorney-General's consent to proceed with these cases. You can still arrest someone or issue a warrant if you think they have committed one of these crimes. The person can be held in custody or on bail while the Attorney-General decides whether to give consent. The Attorney-General can look into the case before making a decision. The Attorney-General has the power to investigate before deciding whether to give consent. This means they can gather more information about the case. They can then decide whether to allow the case to proceed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328540.

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Part 5Crimes against public order
Treason and other crimes against the Sovereign and the State

78BConsent of Attorney-General to proceedings in relation to certain offences

  1. No charging document may be filed against any person for—

  2. an offence against section 78, 78AAA(1), 78AAA(3), 78AAB(1), 78AAB(3), 78AA(1), or 78A(1); or
    1. the offence of conspiring to commit an offence against section 78, 78AAA(1), 78AAA(3), 78AAB(1), 78AAB(3), 78AA(1), or 78A(1); or
      1. the offence of attempting to commit an offence against section 78, 78AAA(1), 78AAA(3), 78AAB(1), 78AAB(3), 78AA(1), or 78A(1),—
          1. except with the consent of the Attorney-General:

          provided that a person alleged to have committed any offence mentioned in this subsection may be arrested, or a warrant for his or her arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the filing of a charge for the offence has not been obtained, but no further or other proceedings shall be taken until that consent has been obtained.

        1. The Attorney-General may, before deciding whether or not to give his or her consent under subsection (1), make such inquiries as he or she thinks fit.

        Notes
        • Section 78B: inserted, on , by section 2(1) of the Crimes Amendment Act (No 2) 1982 (1982 No 157).
        • Section 78B heading: amended, on , by section 14(1) of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
        • Section 78B(1): amended, on , by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).
        • Section 78B(1)(a): amended, on , by section 14(2) of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
        • Section 78B(1)(a): amended, on , by section 255(2) of the Intelligence and Security Act 2017 (2017 No 10).
        • Section 78B(1)(b): amended, on , by section 14(2) of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
        • Section 78B(1)(b): amended, on , by section 255(2) of the Intelligence and Security Act 2017 (2017 No 10).
        • Section 78B(1)(c): amended, on , by section 14(2) of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
        • Section 78B(1)(c): amended, on , by section 255(2) of the Intelligence and Security Act 2017 (2017 No 10).
        • Section 78B(1) proviso: amended, on , by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).