Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
114: Use of purported affidavit or declaration
or “Using fake sworn statements or declarations can get you in big trouble with the law.”
You could also call this:

“Making a plan to falsely accuse someone of a crime they didn't do is against the law.”

If you agree with someone else to falsely accuse an innocent person of a crime, you are breaking the law. This is called conspiring to bring a false accusation. The punishment for this crime depends on how serious the false accusation is:

If the fake crime you’re accusing someone of could lead to them being locked up for life or for 3 years or more, you could go to prison for up to 14 years.

If the fake crime you’re accusing someone of could lead to them being locked up for less than 3 years, you could go to prison for up to 7 years.

Remember, it’s important to always tell the truth and not falsely accuse anyone of a crime they didn’t commit.

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 It might be out of date or be missing some parts.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

Next up: 116: Conspiring to defeat justice

or “Working together to stop someone from getting a fair trial or being treated fairly by the law”
Next

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

115Conspiring to bring false accusation

  1. Every one who conspires to prosecute any person for any alleged offence, knowing that person to be innocent thereof, is liable—

  2. to imprisonment for a term not exceeding 14 years if that person might, on conviction of the alleged offence, be sentenced to preventive detention, or to imprisonment for a term of 3 years or more:
    1. to imprisonment for a term not exceeding 7 years if that person might, on conviction of the alleged offence, be sentenced to imprisonment for a term less than 3 years.

      Compare
      • 1908 No 32 s 136
      Notes
      • Section 115(a): amended, on , by section 3(4) of the Abolition of the Death Penalty Act 1989 (1989 No 119).