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New Zealand law explained for everyone

Crimes Act 1961

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

105E: Corruption of foreign public officials

You could also call this:

“This law makes it illegal for foreign government workers to take bribes for doing their job, whether they're in New Zealand or not.”

If you are a foreign public official, you are not allowed to accept or try to get a bribe for yourself or someone else. This applies to any actions you might take as part of your job, even if it’s not something you’re officially allowed to do. If you do this, you could go to jail for up to 7 years.

This rule applies to you if you’re a foreign public official and you do this in New Zealand. It also applies if you’re employed as a foreign public official and you do this outside of New Zealand, but you are a New Zealand citizen, usually live in New Zealand, or work for a company that is based in New Zealand.

However, if you have any special protection under this law or any other law, those protections still apply and this rule doesn’t change that.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328781.

Topics:
Crime and justice > Criminal law
Government and voting > Government departments
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105D: Bribery outside New Zealand of foreign public official, or

“It's against the law for New Zealanders to bribe officials from other countries, even when they're not in New Zealand.”

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105F: Trading in influence, or

“It's against the law to take or try to get money or gifts to make someone important do something wrong.”

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

105ECorruption of foreign public officials

  1. Every person specified in subsection (2) who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for that person or another person in respect of any act or omission by an official in the official's official capacity (whether or not the act or omission is within the scope of the official's authority) is liable to imprisonment for a term not exceeding 7 years.

  2. Subsection (1) applies to—

  3. any foreign public official who has committed the offence while in New Zealand:
    1. any person employed as a foreign public official who has committed the offence while outside New Zealand if the person is—
      1. a New Zealand citizen; or
        1. ordinarily resident in New Zealand; or
          1. a body corporate incorporated in New Zealand; or
            1. a corporation sole incorporated in New Zealand.

            2. Nothing in this section limits any immunity that a foreign public official or person has under this Act or any other enactment.

            Notes
            • Section 105E: replaced, on , by section 8 of the Crimes Amendment Act 2015 (2015 No 95).