Crimes Act 1961

Jurisdiction
5Application of Act
(1)
This Act applies to all offences for which the offender may be proceeded against and
tried in New Zealand.
(2)
This Act applies to all acts done or omitted in New Zealand.

Punishments
13Powers of courts under other Acts not affected
Nothing in this Act shall be construed to limit or affect in any way any provision of any
other Act conferring on any court any power to pass a sentence or impose a punishment
or make an order in addition to or instead of a sentence or punishment prescribed by
this Act, or otherwise to deal with any offender.

Arrest
30Arresting the wrong person
(1)
Every one duly authorised to execute a warrant to arrest who thereupon arrests a person,
believing in good faith and on reasonable and probable grounds that he or she is the
person named in the warrant, shall be protected from criminal responsibility to the same
extent and subject to the same provisions as if the person arrested had been the person
named in the warrant.
(2)
Every one called on to assist the person making such arrest, and believing that the
person in whose arrest he or she is called on to assist is the person for whose arrest the
warrant is issued, and every prison manager who is required to receive and detain the
person arrested, shall be protected from criminal responsibility to the same extent and
subject to the same provisions as if the person arrested had been the person named in
the warrant.
Compare: 1908 No 32 s 49
Section 30(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Sentence or process
26Execution of sentence, process, or warrant
(1)
Every ministerial officer of any court authorised to execute a lawful sentence, and
every prison manager of any prison, and every person lawfully assisting any such
ministerial officer or prison manager, is justified in executing the sentence.
(2)
Every ministerial officer of any court duly authorised to execute any lawful process of
the court, whether of a civil or a criminal nature, and every person lawfully assisting
him or her, is justified in executing it; and every prison managerrequired under the
process to receive and detain any person is justified in receiving and detaining him or
her.
(3)
Every one duly authorised to execute a lawful warrant issued by any court or Justice or
Community Magistrate or other person having jurisdiction to issue the warrant, and
every person lawfully assisting him or her, is justified in executing the warrant; and
every prison manager required under the warrant to receive and detain any person is
justified in receiving and detaining him or her.

Use of force
39Force used in executing process or in arrest
Where any person is justified, or protected from criminal responsibility, in executing or
assisting to execute any sentence, warrant, or process, or in making or assisting to make
any arrest, that justification or protection shall extend and apply to the use by him or her
of such force as may be necessary to overcome any force used in resisting such
execution or arrest, unless the sentence, warrant, or process can be executed or the
arrest made by reasonable means in a less violent manner:
provided that, except in the case of a constable or a person called upon by a constable to
assist him or her, this section shall not apply where the force used is intended or likely
to cause death or grievous bodily harm.

Bribery and corruption

99Interpretation
In this Part, unless the context otherwise requires,—
bribe means any money, valuable consideration, office, or employment, or any benefit,
whether direct or indirect
judicial officer means a Judge of any court, or a District Court Judge, Coroner, Justice
of the Peace, or Community Magistrate, or any other person holding any judicial office,
or any person who is a member of any tribunal authorised by law to take evidence on
oath
law enforcement officer means any constable, or any person employed in the detection
or prosecution or punishment of offenders
official means any person in the service of the Sovereign in right of New Zealand
(whether that service is honorary or not, and whether it is within or outside New
Zealand), or any member or employee of any local authority or public body, or any
person employed in the education service within the meaning of the State Sector Act
1988.