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Crimes Act 1961

Crimes against morality and decency, sexual crimes, and crimes against public welfare - Sexual offences outside New Zealand

144B: Consent of Attorney-General required

You could also call this:

“The Attorney-General must agree before someone can be officially accused of a sexual crime committed outside New Zealand.”

If you are accused of committing a sexual offence outside New Zealand, the Attorney-General must agree before you can be officially charged. This is called giving consent.

You can still be arrested and held in custody or released on bail even if the Attorney-General hasn’t given consent yet. However, the case can’t move forward until the Attorney-General agrees.

Before deciding whether to give consent, the Attorney-General can look into the case and gather more information if they want to.

This rule applies to offences described in section 144A of the Crimes Act 1961.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329268.

Topics:
Crime and justice > Criminal law
Previous

144AB: Party or accessory liability for sexual acts with children or young people outside New Zealand done by, or involving, foreigner principal parties, or

“ New Zealanders can get in trouble for helping or covering up when foreigners do sexual things with kids outside New Zealand. ”

Next

144C: Organising or promoting child sex tours, or

“It's against the law to help set up trips for people to go overseas to hurt children.”

Part 7 Crimes against morality and decency, sexual crimes, and crimes against public welfare
Sexual offences outside New Zealand

144BConsent of Attorney-General required

  1. No charging document may be filed for an offence against section 144A except with the consent of the Attorney-General.

  2. A person who is alleged to have committed such an offence may be arrested, or a warrant for the arrest of the person may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the filing of a charging document for the offence has not been obtained, but no further or other proceedings shall be taken until that consent has been obtained.

  3. The Attorney-General may, before deciding whether or not to give his or her consent under subsection (1), make such inquiries as he or she thinks fit.

Notes
  • Section 144B: inserted, on , by section 2 of the Crimes Amendment Act 1995 (1995 No 49).
  • Section 144B(1): amended, on , by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).
  • Section 144B(2): amended, on , by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).