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Crimes Act 1961

Crimes against public order - Smuggling and trafficking in people

98F: Attorney-General's consent to prosecutions required

You could also call this:

“The Attorney-General must say it's okay before someone can be taken to court for smuggling or trafficking people.”

If someone wants to start a legal case against another person for smuggling or trafficking people, they need to get permission from the Attorney-General first. This rule applies to cases involving two specific sections of the law: section 98C and section 98D.

Even though the Attorney-General’s permission is needed to start the legal case, the police can still arrest someone they think has broken these laws. They can also get a warrant to arrest the person and keep them in jail or let them out on bail while they wait for the Attorney-General’s permission.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328726.

Topics:
Crime and justice > Criminal law
Crime and justice > Courts and legal help
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98E: Aggravating factors, or

“Things that make smuggling or trafficking people a worse crime when deciding punishment”

Next

99: Interpretation, or

“This section explains important words used in the law about bribery, like what a bribe is and who are considered officials.”

Part 5 Crimes against public order
Smuggling and trafficking in people

98FAttorney-General's consent to prosecutions required

  1. Proceedings for an offence against section 98C or section 98D cannot be brought in a New Zealand court without the Attorney-General's consent.

  2. A person alleged to have committed an offence against section 98C or section 98D may be arrested, or a warrant for the person's arrest may be issued and executed, and the person be remanded in custody or on bail, even though the Attorney-General's consent to the bringing of proceedings against the person has not been obtained.

Notes
  • Section 98F: inserted, on , by section 5 of the Crimes Amendment Act 2002 (2002 No 20).