If you enter a plea of pardon for a charge, the court will dismiss the charge under section 147 if it is satisfied that you have been convicted and pardoned of the same offence as the one you are currently charged with, or another offence that happened because of the same facts. The court looks at whether you were pardoned for the same offence or a different one that is connected to the same events. You must have been convicted and pardoned of the offence for the court to consider dismissing the charge.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360097.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

47: Previous acquittal, or

"If you're charged with a crime you've already been found not guilty of, the court will dismiss the charge."

49: Procedure for dealing with special plea, or

"What happens when you enter a special plea in court and a Judge decides if you can use it"

Part 3Procedure before trial
Pleas: Special pleas

48Pardon

If a plea of pardon is entered in relation to a charge, the court must dismiss the charge under section 147 if the court is satisfied that the defendant has been convicted and pardoned of—
the same offence as the offence currently charged, arising from the same facts; or
any other offence arising from those facts.