Version as at
1 July 2023
Crimes of Torture Act 1989
Part 1 s 14
12
Attorney-General’s consent required to prosecutions
(1)
Subject to subsection (2), no proceedings for the trial and punishment of any
person charged with a crime described in subsection (1) or subsection (2)
of section 3 shall be instituted in any court except with the consent of the
Attorney-General.
(2)
A person charged with a crime against any of those provisions may be arrested,
or a warrant for his or her arrest may be issued and executed, and that person
may be remanded in custody or on bail, notwithstanding that the consent of the
Attorney-General to the institution of a prosecution for the crime has not been
obtained, but no further proceedings shall be taken until that consent has been
obtained.
13
Evidence
For any purpose in connection with this Act, a certificate, given by the Secre‐
tary of Foreign Affairs and Trade or any Deputy Secretary of Foreign Affairs
and Trade, certifying—
(a)
that any country is or is not, or was or was not at any material time, a
party to the Convention; or
(b)
that the Government of any country is or is not, or was or was not
at any material time, responsible for the international relations of any
territory,—
shall be sufficient evidence of that fact.
Section 13: amended, on 1 July 1993, pursuant to section 9(4) of the Foreign Affairs Amendment Act
1993 (1993 No 48).
14
Application of certain provisions of Crimes Act 1961
(1)
Nothing in section 8 of the Crimes Act 1961 (which relates to jurisdiction in
respect of crimes on ships or aircraft beyond New Zealand) or in section 400
of that Act (which requires the consent of the Attorney-General to proceedings
in certain cases for offences on ships or aircraft) shall apply with respect to any
proceedings brought under section 3 of this Act.
(2)
Except as provided in subsection (1), nothing in this Act shall limit or affect
any of the provisions of the Crimes Act 1961.
7