Section 7B — Crimes Act 1961: Attorney-General's consent required where jurisdiction claimed under section 7A
Text of the provision Official document
7B Attorney-General's consent required where jurisdiction claimed under section 7A (1) Proceedings for an offence against section 98AA , section 98A , section 116 , section 117 , section 243 , section 298A , or section 298B cannot be brought in a New Zealand court against a person without the Attorney-General's consent, if jurisdiction over the person is claimed by virtue of section 7A . (2) A person over whom jurisdiction is claimed by virtue of section 7A may be arrested for an offence against section 98AA , section 98A , section 116 , section 117 , or section 243 , or a warrant for the person's arrest for the offence may be issued and executed, and the person may be remanded in custody or on bail, even though the Attorney-General's consent to the bringing of proceedings against the person has not been obtained. (3) Proceedings for an offence against this Act committed in the course of carrying out a terrorist act (as defined in section 5(1) of the Terrorism Suppression Act 2002 ) cannot be brought in a New Zealand court against a person without the Attorney-General's consent, if jurisdiction over the person is claimed solely by virtue of section 7A . Sections 7A and 7B were inserted, as from 18 June 2002, by section 4 Crimes Amendment Act 2002 (2002 No 20). Subsection (1) was amended, as from 17 November 2003, by section 4(1) Crimes Amendment Act (No 2) 2003 (2003 No 105) by substituting the words “ section 257A, section 298A, or section 298B ” for the words “ or section 257A ” . See clause 3 Crimes Amendment Act (No 2) 2003 Commencement Order 2003 (SR 2003/316). Subsections (1) and (2) were amended, as from 20 May 2005, by section 4(1)(a) Crimes Amendment Act 2005 (2005 No 41) by inserting the expression “ section 98AA, ” before the expression “ section 98A ” . See sections 12 and 13 of that Act for the transitional provisions. Subsections (1) and (2) were amended, as from 20 May 2005, by section 4(1)(b) Crimes Amendment Act 2005 (2005 No 41) by substituting the expression “ section 243 ” for the expression “ section 257A ” . See sections 12 and 13 of that Act for the transitional provisions. Subsection (3) was inserted, as from 17 November 2003, by section 4(2) Crimes Amendment Act (No 2) 2003 (2003 No 105). See clause 3 Crimes Amendment Act (No 2) 2003 Commencement Order 2003 (SR 2003/316).
Official source: legislation.govt.nz
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