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Emergency Management Bill (No 2)

Information, enforcement, compensation, appeals, and secondary legislation - Offences

185: Offence involving withholding information or giving false or misleading information

You could also call this:

"Telling Lies or Hiding Information is Against the Law"

Illustration for Emergency Management Bill (No 2)

If you do not give information when asked under section 170, you might commit an offence. You could also commit an offence if you give false or misleading information on purpose. The police cannot charge you until after the time to appeal has ended or your appeal has been decided. If you break the law by not giving information, you could go to prison for up to 3 months or get a fine of up to $5,000. If you are not an individual, you could get a fine of up to $50,000. If you give false or misleading information on purpose, you could go to prison for up to 3 months or get a fine of up to $30,000. If you are not an individual and give false or misleading information, you could get a fine of up to $100,000. This rule applies even if other laws say something different. You cannot be charged with an offence until after your appeal has been decided, if you appeal under section 207(1)​(b).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022587.

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Topics:
Crime and justice > Criminal law
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186: Offence involving disclosure or use of information, or

"Telling secrets or using information you shouldn't can be a crime"

Part 5Information, enforcement, compensation, appeals, and secondary legislation
Offences

185Offence involving withholding information or giving false or misleading information

  1. A person commits an offence if the person, when required under section 170 to provide information,—

  2. intentionally fails or refuses to supply the information within the period specified in the request; or
    1. knowingly gives false or misleading information.

      1. No prosecution may be brought under this section—

      2. before the time for appeal against the requirement to give information has expired under section 207(2)(a); and
        1. if a person appeals under section 207(1)(b), until the determination of the appeal.

          1. Subsection (2)(b) applies despite anything to the contrary in section 25 of the Criminal Procedure Act 2011.

          2. A person who commits an offence against subsection (1)(a) is liable on conviction,—

          3. in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000:
            1. in any other case, to a fine not exceeding $50,000.

              1. A person who commits an offence against subsection (1)(b) that relates to a requirement under section 170 is liable on conviction,—

              2. in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $30,000:
                1. in any other case, to a fine not exceeding $100,000.

                  Compare
                  • 2002 No 33 s 96