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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 espionage or wrongful communication, retention, or copying of classified information or official information

You could also call this:

“The Attorney-General must agree before someone can be charged with spying or mishandling secret information.”

You need the Attorney-General’s permission before you can be charged with certain crimes. These crimes are espionage, wrongly sharing classified information, or keeping or copying official information. This also applies if you try to do these things or plan to do them with others.

Even though you need the Attorney-General’s permission for these charges, the police can still arrest you if they think you’ve done one of these crimes. They can also keep you in jail or let you out on bail. But they can’t do anything else until they get permission from the Attorney-General.

The Attorney-General can ask questions and look into things before deciding whether to give permission for the charges. This helps them make the right decision about your case.

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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.

Topics:
Crime and justice > Criminal law
Government and voting > Government departments
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78A: Wrongful communication, retention, or copying of official information, or

“Sharing, keeping, or copying secret government information without permission can get you in big trouble.”

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78C: Questions of law in relation to espionage or wrongful communication of information, or

“The law decides if sharing secret information could have hurt New Zealand's safety.”

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

78BConsent of Attorney-General to proceedings in relation to espionage or wrongful communication, retention, or copying of classified information or official information

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

  2. an offence against section 78, 78AA(1), or 78A(1); or
    1. the offence of conspiring to commit an offence against section 78, 78AA(1), or 78A(1); or
      1. the offence of attempting to commit an offence against section 78, 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 255(1) of the Intelligence and Security Act 2017 (2017 No 10).
        • 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 255(2) of the Intelligence and Security Act 2017 (2017 No 10).
        • 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 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).