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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 someone to give or receive money or favours to make a government leader do something wrong.”

If you’re a Minister of the Crown or a member of the Executive Council, you can’t accept or try to get a bribe for yourself or someone else. This applies to anything you do or don’t do in your job as a Minister or Executive Council member. If you do this, you could go to prison for up to 14 years.

It’s also against the law to give or offer a bribe to a Minister of the Crown or an Executive Council member. If you do this to try to influence what they do or don’t do in their job, you could go to prison for up to 7 years.

Before anyone can be taken to court for these crimes, a High Court Judge must give permission. The person who might be charged must be told about this and gets a chance to speak against it.

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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.

Topics:
Crime and justice > Criminal law
Government and voting > Government departments
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101: Bribery of judicial officer, etc, or

“Giving money or gifts to try to change how a judge or court worker decides things is against the law.”

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103: Corruption and bribery of member of Parliament, or

“It's illegal to give or receive bribes to influence what a member of Parliament does in their job.”

Part 6 Crimes 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).