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Crimes Act 1961

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

106: Restrictions on prosecution

You could also call this:

"Rules for prosecuting someone for bribery or corruption, including needing the Attorney-General's permission"

Illustration for Crimes Act 1961

If you want to prosecute someone for bribery or corruption under sections like 100, 101, 104, 105, 105A, 105B, 105C, 105D, 105E, or 105F, you need the Attorney-General's permission first. The Attorney-General can look into the matter before deciding whether to give you permission. You cannot prosecute a Judge for these offences unless the Attorney-General does so after the House of Representatives has passed a resolution.

If a Judge is to be prosecuted, it must be the Attorney-General who does it, and only after the House of Representatives has agreed to it. This rule applies to Judges who can be removed from their job by the Sovereign if the House of Representatives asks for it. You should know that the Attorney-General has a special role in deciding whether to prosecute someone for bribery or corruption.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328783.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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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."

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107: Contravention of statute, or

"Breaking a law without a good reason can lead to prison time, unless the law already says what the punishment is or it's a law that doesn't make sense to punish."

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

106Restrictions on prosecution

  1. No one shall be prosecuted for an offence against any of the provisions of sections 100, 101, 104, 105, 105A, 105B, 105C, 105D, 105E, and 105F without the leave of the Attorney-General, who before giving leave may make such inquiries as he or she thinks fit.

  2. No Judge who holds his or her office subject to a power of removal by the Sovereign on an address of the House of Representatives shall be prosecuted for any such offence except by the Attorney-General in pursuance of a resolution of that House.

Compare
  • 1908 No 32 s 361
Notes
  • Section 106(1): amended, on , by section 9 of the Crimes Amendment Act 2015 (2015 No 95).
  • Section 106(1): amended, on , by section 9 of the Crimes (Bribery of Foreign Public Officials) Amendment Act 2001 (2001 No 28).
  • Section 106(1): amended, on , by section 3(2) of the Crimes Amendment Act 1993 (1993 No 33).
  • Section 106(1): amended, on , by section 3(2) of the Crimes Amendment Act (No 2) 1982 (1982 No 157).