Crimes Act 1961

Crimes affecting the administration of law and justice - Misleading justice

108: Perjury defined

You could also call this:

"Lying under oath is called perjury, which means telling a false statement to deceive a court or legal process."

Illustration for Crimes Act 1961

When you are a witness in a court case, you must tell the truth. If you say something you know is not true, and you want to deceive the court, that is called perjury. You can commit perjury even if you are not in a courtroom, but are giving evidence in another way, like in a written statement.

The law considers you to be a witness if you give evidence, no matter if you are allowed to be a witness or not. A proceeding is judicial, meaning it is a formal legal process, if it is held in front of a court, the House of Representatives, or other certain groups.

These groups include arbitrators, people who investigate and take evidence under oath, and disciplinary officers. You can find more information about what an oath is, including affirmations and declarations made under section 13 of the Oaths and Declarations Act 1957, which explains what it means to give evidence under oath. A judicial proceeding can be held by any of these groups, even if they were not properly set up or if the proceeding is not valid.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328793.


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"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."


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109: Punishment of perjury, or

"Lying under oath can lead to prison time of up to 14 years."

Part 6Crimes affecting the administration of law and justice
Misleading justice

108Perjury defined

  1. Perjury is an assertion as to a matter of fact, opinion, belief, or knowledge made by a witness in a judicial proceeding as part of his or her evidence on oath, whether the evidence is given in open court or by affidavit or otherwise, that assertion being known to the witness to be false and being intended by him or her to mislead the tribunal holding the proceeding.

  2. In this section the term oath includes an affirmation, and also includes a declaration made under section 13 of the Oaths and Declarations Act 1957.

  3. Every person is a witness within the meaning of this section who actually gives evidence, whether he or she is competent to be a witness or not, and whether his or her evidence is admissible or not.

  4. Every proceeding is judicial within the meaning of this section if it is held before any of the following tribunals, namely:

  5. any court of justice:
    1. the House of Representatives or any Committee of that House:
      1. any arbitrator or umpire, or any person or body of persons authorised by law to make an inquiry and take evidence therein upon oath:
        1. any legal tribunal by which any legal right or liability can be established:
          1. any person acting as a court or tribunal having power to hold a judicial proceeding:
            1. a disciplinary officer, the Summary Appeal Court of New Zealand, or the Court Martial of New Zealand acting under the Armed Forces Discipline Act 1971.
              1. Every such proceeding is judicial within the meaning of this section whether the tribunal was duly constituted or appointed or not, and whether the proceeding was duly instituted or not, and whether the proceeding was invalid or not.

              Compare
              • 1908 No 32 s 130
              Notes
              • Section 108(4)(f): replaced, on , by section 81 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).