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Financial Markets Conduct Act 2013

Enforcement, liability, and appeals - Miscellaneous - Miscellaneous

537: Time for filing charging document for certain offences

You could also call this:

"Police have 3 years to charge you for serious finance crimes"

Illustration for Financial Markets Conduct Act 2013

If you commit a serious offence under the Financial Markets Conduct Act 2013, the police have three years to file a charging document against you. This rule applies to category 1 and category 2 offences, which are defined in section 6(1) of the Criminal Procedure Act 2011. The three-year time limit starts from the date the offence was committed, and it overrides what is said in section 25 of the Criminal Procedure Act 2011 for these types of offences. You should note that this rule does not change how section 25 of the Criminal Procedure Act 2011 applies to other offences. The meanings of category 1 and category 2 offences are the same as in section 6(1) of the Criminal Procedure Act 2011, which you can refer to for more information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4702287.

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Part 8Enforcement, liability, and appeals
Miscellaneous: Miscellaneous

537Time for filing charging document for certain offences

  1. Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of a category 1 offence or a category 2 offence under this Act ends on the date that is 3 years after the date on which the offence was committed.

  2. Nothing in subsection (1) affects the application of section 25 of the Criminal Procedure Act 2011 in relation to any offence not mentioned in that subsection.

  3. In this section, category 1 offence and category 2 offence have the same meanings as in section 6(1) of the Criminal Procedure Act 2011.