Crimes Act 1961

Crimes affecting the administration of law and justice - Bribery and corruption

102: Corruption and bribery of Minister of the Crown

You could also call this:

"It's against the law for Ministers to take bribes or for people to offer them bribes to influence decisions"

Illustration for Crimes Act 1961

If you are a Minister of the Crown or a member of the Executive Council, you can go to prison for up to 14 years if you accept a bribe. This is because you are not allowed to take a bribe for doing something or not doing something in your job. You can also go to prison if you try to get a bribe or offer to take one. This rule is in place to stop people from being corrupt.

If you give a bribe to a Minister of the Crown or a member of the Executive Council to influence their decisions, you can go to prison for up to 7 years. This is because it is not allowed to try to influence someone's decisions by giving them a bribe. You are not allowed to do this because it is not fair.

Before someone can be prosecuted for breaking this rule, a Judge of the High Court must agree to it. The person who might be prosecuted must be told about the plan to prosecute them and they must have a chance to say why they should not be prosecuted. This is to make sure that the person is treated fairly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328746.


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101: Bribery of judicial officer, etc, or

"Giving bribes to court officials to influence their decisions is a crime"


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103: Corruption and bribery of member of Parliament, or

"Bribing or being bribed as a Member of Parliament is a serious crime in New Zealand."

Part 6Crimes affecting the administration of law and justice
Bribery and corruption

102Corruption and bribery of Minister of the Crown

  1. Every Minister of the Crown or member of the Executive Council is liable to imprisonment for a term not exceeding 14 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in his or her capacity as a Minister or member of the Executive Council.

  2. Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any Minister of the Crown or member of the Executive Council in respect of any act or omission by him or her in his or her capacity as a Minister or member of the Executive Council.

  3. No one shall be prosecuted for an offence against this section without the leave of a Judge of the High Court. Notice of the intention to apply for such leave shall be given to the person whom it is intended to prosecute, and he or she shall have an opportunity of being heard against the application.

Compare
  • 1908 No 32 ss 128, 362
Notes
  • Section 102(3): amended, on , pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).