Part 6
Crimes affecting the administration of law and justice

Bribery and corruption

100 Judicial corruption

(1) Every judicial officer is liable to imprisonment for a term not exceeding 14 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his judicial capacity.

(2) Every judicial officer, and every Registrar or Deputy Registrar of any court, is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his official capacity, not being an act or omission to which subsection (1) applies.

101 Bribery of judicial officer, etc

(1) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any judicial officer in respect of any act or omission by him in his judicial capacity.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any judicial officer or any Registrar or Deputy Registrar of any court in respect of any act or omission by him in his official capacity, not being an act or omission to which subsection (1) applies.


102 Corruption and bribery of Minister of the Crown

(1) Every Minister of the Crown or member of the Executive Council is liable to imprisonment for a term not exceeding 14 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his capacity as a Minister or member of the Executive Council.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any Minister of the Crown or member of the Executive Council in respect of any act or omission by him in his capacity as a Minister or member of the Executive Council.

(3) No one shall be prosecuted for an offence against this section without the leave of a Judge of the High Court. Notice of the intention to apply for such leave shall be given to the person whom it is intended to prosecute, and he shall have an opportunity of being heard against the application.

103 Corruption and bribery of member of Parliament

(1) Every member of Parliament is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his capacity as a member of Parliament.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any member of Parliament in respect of any act or omission by him in his capacity as a member of Parliament.

(3) No one shall be prosecuted for an offence against this section without the leave of a Judge of the High Court. Notice of the intention to apply for such leave shall be given to the person whom it is intended to prosecute, and he shall have an opportunity of being heard against the application.

104 Corruption and bribery of law enforcement officer

(1) Every law enforcement officer is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his official capacity.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any law enforcement officer in respect of any act or omission by him in his official capacity.

105 Corruption and bribery of official

(1) Every official is liable to imprisonment for a term not exceeding 7 years who, whether within New Zealand or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his official capacity.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any official in respect of any act or omission by him in his official capacity.

105A Corrupt use of official information

Every official is liable to imprisonment for a term not exceeding 7 years who, whether within New Zealand or elsewhere, corruptly uses or discloses any information, acquired by him in his official capacity, to obtain, directly or indirectly, an advantage or a pecuniary gain for himself or any other person.

105B Use or disclosure of personal information disclosed in breach of section 105A

(1) Every person is liable to imprisonment for a term not exceeding 7 years who,—

(a) having received personal information (being information that comes into that person’s possession as a result of the commission of an offence against section 105A); and

(b) knowing that the information has been disclosed in contravention of that section,—
uses or discloses that information to obtain, directly or indirectly, an advantage or pecuniary gain for that person or any other person.

(2) It is a defence to a charge under this section if the person charged proves that the person was legally authorised to use or disclose the information.

(3) In this section, the term personal information means any information about an identifiable natural person, including a deceased natural person.

105C Bribery of foreign public official

(1) In this section and in sections 105D and 105E,—

benefit means any money, valuable consideration, office, oremployment, or any benefit, whether direct or indirect foreign country includes—

(a) a territory for whose international relations the govern¬ment of a foreign country is responsible; and

(b) an organised foreign area or entity including an autonomous territory or a separate customs territory foreign government includes all levels and subdivisions of government, such as local, regional, and national government foreign public agency means any person or body, wherever situated, that carries out a public function under the laws of a foreign country foreign public enterprise means—

(a) a company, wherever incorporated, that—
(i) a foreign government is able to control or dominate (whether by reason of its ownership of shares in the company, its voting powers in the company, or its ability to appoint 1 or more directors (however described), or by reason that the directors (however described) are accustomed or under an obligation to act in accordance with the directions of that government, or otherwise); and
(ii) enjoys subsidies or other privileges that are en-joyed only by companies, persons, or bodies to which subparagraph (i) or paragraph (b)(i) apply; or

(b) a person or body (other than a company), wherever situated, that—
(i) a foreign government is able to control or dominate (whether by reason of its ability to appoint the person or 1 or more members of the body, or by reason that the person or members of the body are accustomed or under an obligation to act in accordance with the directions of that government, or otherwise); and
(ii) enjoys subsidies or other privileges that are en-joyed only by companies, persons, or bodies to which subparagraph (i) or paragraph (a)(i) apply foreign public official includes any of the following:
(a) a member or officer of the executive, judiciary, or legislature of a foreign country:
(b) a person who is employed by a foreign government, foreign public agency, foreign public enterprise, or public international organisation:
(c) a person, while acting in the service of or purporting to act in the service of a foreign government, foreign public agency, foreign public enterprise, or public international organisation
public international organisation means any of the follow-ing organisations, wherever situated:
(a) an organisation of which 2 or more countries or 2 or more governments are members, or represented on the organisation:
(b) an organisation constituted by an organisation to which paragraph (a) applies or by persons representing 2 or more such organisations:
(c) an organisation constituted by persons representing 2 or more countries or 2 or more governments:
(d) an organisation that is part of an organisation referred to in any of paragraphs (a) to (c)
routine government action, in relation to the performance of any action by a foreign public official, does not include—
(a) any decision about—
(i) whether to award new business; or
(ii) whether to continue existing business with any particular person or body; or
(iii) the terms of new business or existing business; or
(b) any action that is outside the scope of the ordinary duties of that official.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give a bribe to a person with intent to influence a foreign public official in respect of any act or omission by that official in his or her official capacity (whether or not the act or omission is within the scope of the official’s authority) in order to—

(a) obtain or retain business; or

(b) obtain any improper advantage in the conduct of business.

(3) This section does not apply if—

(a) the act that is alleged to constitute the offence was committed for the sole or primary purpose of ensuring or expediting the performance by a foreign public official of a routine government action; and

(b) the value of the benefit is small.

(4) This section is subject to section 105E.


105D Bribery outside New Zealand of foreign public official

(1) Every one commits an offence who, being a person described in subsection (2), does, outside New Zealand, any act that would, if done in New Zealand, constitute an offence against section 105C.

(2) Subsection (1) applies to a person who is—

(a) a New Zealand citizen; or
(b) ordinarily resident in New Zealand; or
(c) a body corporate incorporated in New Zealand; or
(d) a corporation sole incorporated in New Zealand.

(3) Every one who commits an offence against this section is liable to the same penalty to which the person would have been liable if the person had been convicted of an offence against section 105C.

(4) This section is subject to section 105E.


105E Exception for acts lawful in country of foreign public official

(1) Sections 105C and 105D do not apply if the act that is alleged to constitute an offence under either of those sections—

(a) was done outside New Zealand; and

(b) was not, at the time of its commission, an offence under the laws of the foreign country in which the principal office of the person, organisation, or other body for whom the foreign public official is employed or otherwise provides services, is situated.

(2) If a person is charged with an offence under section 105C or section 105D, it is to be presumed, unless the person charged puts the matter at issue, that the act was an offence under the laws of the foreign country referred to in subsection (1 )(b).

106 Restrictions on prosecution


(1) No one shall be prosecuted for an offence against any of the provisions of sections 100, 101, 104, 105, 105A, 105B, 105C, and 105D without the leave of the Attorney-General, who before giving leave may make such inquiries as he thinks fit.

(2) No Judge who holds his office subject to a power of removal by Her Majesty on an address of the House of Representatives shall be prosecuted for any such offence except by the Attorney-General in pursuance of a resolution of that House.


Contravention of statute

107 Contravention of statute

(1) Every one is liable to imprisonment for a term not exceeding 1 year who, without lawful excuse, contravenes any enactment by wilfully doing any act which it forbids, or by wilfully omitting to do any act which it requires to be done, unless—

(a) some penalty or punishment is expressly provided by law in respect of such contravention as aforesaid; or

(b) in the case of any such contravention in respect of which no penalty or punishment is so provided, the act forbid¬den or required to be done is solely of an administrative or a ministerial or procedural nature, or it is otherwise inconsistent with the intent and object of the enactment, or with its context, that the contravention should be regarded as an offence.

(2) Nothing in subsection (1) applies to any contravention of any Imperial enactment or Imperial subordinate legislation that is part of the laws of New Zealand, or to any omission to do any act which any such Imperial enactment or Imperial subordinate legislation requires to be done.

(3) In subsection (2), the terms Imperial enactment and Imperial subordinate legislation have the meanings given to them by section 2 of the Imperial Laws Application Act 1988.


Misleading justice

108 Perjury defined

(1) Perjury is an assertion as to a matter of fact, opinion, belief, or knowledge made by a witness in a judicial proceeding as part of his evidence on oath, whether the evidence is given in open court or by affidavit or otherwise, that assertion being known to the witness to be false and being intended by him to mislead the tribunal holding the proceeding.

(2) In this section the term oath includes an affirmation, and also includes a declaration made under section 13 of the Oaths and Declarations Act 1957.

(3) Every person is a witness within the meaning of this section who actually gives evidence, whether he is competent to be a witness or not, and whether his evidence is admissible or not.

(4) Every proceeding is judicial within the meaning of this section if it is held before any of the following tribunals, namely:

(a) any court of justice:

(b) the House of Representatives or any Committee of that House:

(c) any arbitrator or umpire, or any person or body of persons authorised by law to make an inquiry and take evidence therein upon oath:

(d) any legal tribunal by which any legal right or liability can be established:

(e) any person acting as a court or tribunal having power to hold a judicial proceeding:

(f) a disciplinary officer, the Summary Appeal Court of New Zealand, or the Court Martial of New Zealand acting under the Armed Forces Discipline Act 1971.

(5) Every such proceeding is judicial within the meaning of this section whether the tribunal was duly constituted or appointed or not, and whether the proceeding was duly instituted or not, and whether the proceeding was invalid or not.

109 Punishment of perjury

(1) Except as provided in subsection (2), every one is liable to imprisonment for a term not exceeding 7 years who commits perjury.

(2) If perjury is committed in order to procure the conviction of a person for any offence for which the maximum punishment is not less than 3 years’ imprisonment, the punishment may be imprisonment for a term not exceeding 14 years.

110 False oaths

Every one is liable to imprisonment for a term not exceeding 5 years who, being required or authorised by law to make any statement on oath or affirmation, thereupon makes a statement that would amount to perjury if made in a judicial proceeding.


111 False statements or declarations

Every one is liable to imprisonment for a term not exceeding 3 years who, on any occasion on which he is required or permitted by law to make any statement or declaration before any officer or person authorised by law to take or receive it, or before any notary public to be certified by him as such notary, makes a statement or declaration that would amount to perjury if made on oath in a judicial proceeding.


113 Fabricating evidence

Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to mislead any tribunal holding any judicial proceeding to which section 108 applies, fabricates evidence by any means other than perjury.


114 Use of purported affidavit or declaration

Every one is liable to imprisonment for a term not exceeding 3 years who—

(a) signs a writing that purports to be an affidavit sworn before him or a statutory declaration taken by him, when the writing was not so sworn or taken, or when he knows that he has no authority to administer that oath or take that declaration; or

(b) uses or offers for use any writing purporting to be an affidavit or statutory declaration that he knows was not sworn or made, as the case may be, by the deponent or before a person authorised to administer that oath or take that declaration.


115 Conspiring to bring false accusation

Every one who conspires to prosecute any person for any alleged offence, knowing that person to be innocent thereof, is liable—

(a) to imprisonment for a term not exceeding 14 years if that person might, on conviction of the alleged offence, be sentenced to preventive detention, or to imprisonment for a term of 3 years or more:

(b) to imprisonment for a term not exceeding 7 years if that person might, on conviction of the alleged offence, be sentenced to imprisonment for a term less than 3 years.



116 Conspiring to defeat justice

Every one is liable to imprisonment for a term not exceeding 7 years who conspires to obstruct, prevent, pervert, or defeat the course of justice in New Zealand or the course of justice in an overseas jurisdiction.


117 Corrupting juries and witnesses

Every one is liable to imprisonment for a term not exceeding 7 years who—

(a) dissuades or attempts to dissuade a person, by threats,
bribes, or other corrupt means, from giving evidence in any cause or matter (whether civil or criminal, and whether tried or to be tried in New Zealand or in an overseas jurisdiction); or

(b) influences or attempts to influence, by threats or bribes or other corrupt means, a member of a jury in his or her conduct as such (whether in a cause or matter tried or to be tried in New Zealand or in an overseas jurisdiction, and whether the member has been sworn as a member of a particular jury or not); or

(c) accepts any bribe or other corrupt consideration to abstain from giving evidence (whether in a cause or matter tried or to be tried in New Zealand or in an overseas jurisdiction); or

(d) accepts any bribe or other corrupt consideration on account of his or her conduct as a member of a jury (whether in a cause or matter tried or to be tried in New Zealand or in an overseas jurisdiction, and whether the member has been sworn as a member of a particular jury or not); or

(e) wilfully attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice in New Zealand or the course of justice in an overseas jurisdiction.


Escapes and rescues

118 Assisting escape of prisoners of war or internees

Every one is liable to imprisonment for a term not exceeding 7 years who knowingly and wilfully—

(a) assists any prisoner of war detained in New Zealand, or any person interned in New Zealand, to escape from any place in which he is for the time being detained; or

(b) assists any such prisoner or person as aforesaid, suffered to be at large on his parole in New Zealand, to escape from the place where he is at large on his parole.



119 Breaking prison

Every one is liable to imprisonment for a term not exceeding 7 years who by force or violence breaks any prison, with intent to set at liberty himself or any other person detained therein.


120 Escape from lawful custody

(1) Every one is liable to imprisonment for a term not exceeding 5 years who,—

(a) having been convicted of an offence, escapes from any lawful custody in which he may be under the conviction; or

(b) whether convicted or not, escapes from any prison in which he is lawfully detained; or

(ba) being subject to an order or direction made under any of sections 38, 42, and 44 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 or section 169 of the Criminal Procedure Act 2011, escapes from the place in which he or she is required to stay under the order; or

(c) being in lawful custody otherwise than aforesaid, escapes from such custody.

(2) For the purposes of this section, custody under an illegal war-rant or other irregular process shall be deemed to be lawful.


121 Assisting escape from lawful custody

(1) Every one is liable to imprisonment for a term not exceeding 7 years who—

(a) rescues any person from lawful custody, whether in a prison or not; or

(b) assists any person in escaping or attempting to escape from lawful custody, whether in a prison or not; or

(c) with intent to facilitate the escape of any person law
fully detained in a prison, conveys or causes to be conveyed into any prison any thing whatever.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who—

(a) being a constable who has any person in his lawful custody, voluntarily and intentionally permits that person to escape from such custody:

(aa) being a security officer (within the meaning of section 3(1) of the Corrections Act 2004) in whose custody any person is lawfully detained, voluntarily and intentionally permits that person to escape from such custody:

(b) being an officer of a prison in which any person is lawfully detained, voluntarily and intentionally permits that person to escape from the prison.

(3) Every one is liable to imprisonment for a term not exceeding 1 year who, by failing to perform any legal duty, permits any person in his lawful custody to escape.

(4) For the purposes of this section, custody under an irregular warrant or other irregular process shall be deemed to be lawful.


122 Assisting escape of mentally impaired person detained for offence

Every one is liable to imprisonment for a term not exceeding 5 years who—

(a) rescues any person who is ordered to be detained as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or as a special care recipient under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 while that person is being taken to or from a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992, or a secure facility within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, or any other place; or

(b) being a constable, an officer of a prison, a security officer within the meaning of section 3(1) of the Corrections Act 2004, or an officer of or employee in any hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992, or a secure facility within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, and who has in his or her custody any person lawfully detained as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or as a special care recipient under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, voluntarily and intentionally permits that person to escape from custody, whether while the person is being taken to or from any of the places specified in paragraph (a) or otherwise.

Article 70
Offences against the administration of justice
4. (b) Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.