Plain language law

New Zealand law explained for everyone

Building Societies Act 1965

Miscellaneous provisions

135: Time for filing charging document

You could also call this:

“When you can charge someone for breaking building society rules”

You can file a charging document at any time for certain offences under this law. These offences are listed in sections 29(5), 132(2), and 133(1) of the Building Societies Act.

For other offences under this Act, you have up to 2 years to file a charging document. This time starts from when the Registrar gets enough evidence to justify a prosecution.

However, there’s a limit to this rule. You can’t file a charging document more than 3 years after the offence happened, even if the Registrar only found out about it later.

The 2-year time limit always follows the 3-year maximum rule. This means that even if the Registrar discovers evidence after 3 years, you can’t file a charging document.

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 It might be out of date or be missing some parts.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

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM372503.

Topics:
Crime and justice > Criminal law Money and consumer rights > Banking and loans Housing and property > Buying and selling homes
Previous

134: Summary jurisdiction in respect of indictable offences, or

"A rule about handling serious crimes in simpler courts that no longer exists"

Next

136: General penalty for offences, or

"Breaking rules in this law can lead to a fine"

Part 9 Miscellaneous provisions

135Time for filing charging document

  1. Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011,—

  2. a charging document may be filed at any time in respect of an offence against section 29(5), 132(2), or 133(1); and
    1. the limitation period in respect of any other offence against this Act ends on the date that is 2 years after the date on which evidence, sufficient in the opinion of the Registrar to justify a prosecution for the offence, comes to the Registrar's knowledge.

      1. Nothing in subsection (1)(b) authorises the filing of a charging document in respect of an offence at a time more than 3 years after the date on which the offence was committed.

      2. Subsection (1) is subject to subsection (2).

      Notes
      • Section 135: replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).