Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Miscellaneous provisions

407: Effect of free pardon

You could also call this:

“A free pardon means you're treated as if you never did the crime, but it doesn't undo what happened before the pardon”

If you are given a free pardon by the King or Queen, or by the Governor-General, it means that you are treated as if you never committed the crime you were found guilty of. It’s like erasing that crime from your record.

However, there’s an important thing to remember. The free pardon doesn’t change anything that was legally done before you got the pardon. It also doesn’t change the results of anything illegal that happened before the pardon.

So, while a free pardon clears your name for that specific crime, it doesn’t undo everything that happened because of it.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM332188.

Topics:
Crime and justice > Criminal law
Previous

406A: Appeals against decisions made on references, or

“This law explained how people could challenge decisions made about their cases if they thought something wasn't fair.”

Next

408: Act to bind the Crown, or

“The rules in this law apply to everyone, including the government.”

Part 14 Miscellaneous provisions

407Effect of free pardon

  1. Where any person convicted of any offence is granted a free pardon by the Sovereign, or by the Governor-General in the exercise of any powers vested in him or her in that behalf, that person shall be deemed never to have committed that offence:

    provided that the granting of a free pardon shall not affect anything lawfully done or the consequences of anything unlawfully done before it is granted.

Compare
  • 1908 No 32 s 452
  • Criminal Code (1954) s 655(3) (Canada)