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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:

“The Attorney-General must say it's okay before someone can be taken to court for certain crimes.”

You need special permission to charge someone with certain crimes related to bribery and corruption. These crimes are listed in sections 100, 101, 104, 105, 105A, 105B, 105C, 105D, 105E, and 105F of the law. Only the Attorney-General can give this permission. Before deciding, the Attorney-General can ask questions to find out more information.

There’s a special rule for judges. If a judge can be removed from their job by the Sovereign when the House of Representatives asks for it, only the Attorney-General can charge that judge with these crimes. The Attorney-General can only do this if the House of Representatives agrees.

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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 law
Crime 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 rules set by the government can lead to punishment”

Part 6 Crimes 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).