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Public Audit Act 2001

Miscellaneous provisions

40: Time for commencing proceedings

You could also call this:

"You can be taken to court within 2 years of breaking the law"

Illustration for Public Audit Act 2001

If you commit an offence against the Public Audit Act 2001, you can be taken to court within 2 years of committing the offence. This is despite what the Criminal Procedure Act 2011 says. You can be charged with the offence anytime within those 2 years.

If you are a member of a local authority, you can also be taken to court within 2 years of doing something wrong, according to the law. This rule applies even if other laws say something different.

You can be charged with an offence under any Act within 2 years of doing something wrong, as long as you are a member of a local authority.

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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=DLM88934.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal lawGovernment and voting > Local councilsGovernment and voting > Government departments
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39: Offences, or

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41: Protection from liability, or

"People doing audit jobs are protected from getting in trouble, unless they do something wrong on purpose."

Part 7Miscellaneous provisions

40Time for commencing proceedings

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

  2. Despite the Criminal Procedure Act 2011 or any other Act, proceedings against any member of a local authority, as such, under any Act may be commenced at any time within 2 years after the commission of the act in respect of which the proceedings are taken.

Notes
  • Section 40(1): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 40(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).