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Criminal Procedure Act 2011

Commencement of proceedings and preliminary steps - Filing a charging document

24: Endorsement of consent

You could also call this:

"Getting permission to take someone to court for a crime"

Illustration for Criminal Procedure Act 2011

If you are going to be charged with a crime, this section of the law applies when someone's permission is needed to file the charging documents. You need to get permission from the Attorney-General or another person to start the court process for some crimes. The Attorney-General or other person can give their permission in a memorandum, which the court will accept as proof.

The permission from the Attorney-General or other person might involve them giving leave or issuing a certificate before the court case can start or continue. This means you cannot start the court process without their permission. The court will follow the rules about getting this permission.

You can find more information about this law by looking at the Criminal Procedure Act 2011 and other related laws, such as the one from 1961 No 43.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360066.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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Part 2Commencement of proceedings and preliminary steps
Filing a charging document

24Endorsement of consent

  1. This section applies if a person is to be charged with an offence in respect of which the consent of the Attorney-General or any other person for the filing of the charging document is required.

  2. The consent of the Attorney-General or other person may be set out in a memorandum and, if so, must be accepted by the court as proof that the consent has been given.

  3. A reference in subsection (1) to the consent of the Attorney-General or other person includes a requirement for that person to grant leave or issue a certificate before proceedings can be commenced or progressed.

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