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Local Electoral Act 2001

Offences - General provisions

138AA: Time limit for prosecutions

You could also call this:

"Prosecutions must start within a certain time limit after an offence happens"

Illustration for Local Electoral Act 2001

You can be prosecuted under section 112C if you do not file a return on time. This prosecution must start within 6 months of when the return was due. You can also be prosecuted under sections 103K or 112D, but this must happen within certain time limits. You can be prosecuted under sections 103K or 112D if there is enough evidence. This prosecution must start within 6 months of finding enough evidence. It must also start within 3 years of the offence happening. A prosecution under sections 103K or 112D has two time limits. One is 6 months from when the prosecutor finds enough evidence. The other is 3 years from when the offence was committed.

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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=DLM5330036.

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Part 7Offences
General provisions

138AATime limit for prosecutions

  1. A prosecution under section 112C must be commenced within 6 months of the date on which the return was required to be filed.

  2. A prosecution under section 103K or 112D must be commenced—

  3. within 6 months of the date on which the prosecutor is satisfied that there is sufficient evidence to warrant the commencement of the proceedings; but
    1. not later than 3 years after the offence was committed.

      Notes
      • Section 138AA: inserted, on , by section 41 of the Local Electoral Amendment Act 2013 (2013 No 40).