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Deposit Takers Act 2023

Enforcement - Miscellaneous - Miscellaneous

186: Time for filing charging document for certain offences

You could also call this:

"Police have 3 years to charge you for serious offences under the Deposit Takers Act 2023"

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If you commit a serious offence under the Deposit Takers Act 2023, 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, as stated in the Act, despite what section 25 of the Criminal Procedure Act 2011 says. You can find more information about category 1 and category 2 offences in section 6(1) of the Criminal Procedure Act 2011. The rule about the three-year time limit does not change how section 25 of the Criminal Procedure Act 2011 applies to other offences. This means that section 25 of the Criminal Procedure Act 2011 still applies to offences that are not category 1 or category 2 offences under the Deposit Takers Act 2023.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS497561.

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Part 5Enforcement
Miscellaneous: Miscellaneous

186Time 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.