New Zealand Law

James M Sandbrook

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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 or her 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 or her 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 or she is competent to be a witness or not, and whether his or her 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.

Compare: 1908 No 32 s 130

Section 108(4)(f): replaced, on 1 July 2009, by section 81 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

https://www.legislation.govt.nz/act/public/1961/0043/latest/DLM328793.html

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.

Compare: 1908 No 32 s 133

https://www.legislation.govt.nz/act/public/1961/0043/latest/DLM328799.html

Resisting arrest or obstructing the police

Resisting arrest

Summary Offences Act 1981, s 23

It’s a criminal offence to obstruct a police officer or encourage another person to obstruct or resist a police officer. For this you can be jailed for up to three months, or fined up to $2,000.

This isn’t limited to physically interfering with an arrest – it can include giving false information, warning a friend who has committed an offence that the police are coming, or refusing to follow a lawful instruction.

Forming a human chain can be used to make it more difficult for individuals to be arrested. However, be aware that in some cases this could amount to the offence of obstructing the police.

https://communitylaw.org.nz/community-law-manual/chapter-4-activism/protests-and-the-general-criminal-law/resisting-arrest-or-obstructing-the-police/

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.

Compare: 1908 No 32 s 137

Section 116: amended, on 18 June 2002, by section 6(1) of the Crimes Amendment Act 2002 (2002 No 20).

https://www.legislation.govt.nz/act/public/1961/0043/137.0/DLM329005.html

Parties to the commission of offences:

Parties to offences:

(1) Every one is a party to and guilty of an offence who—

(a) actually commits the offence; or

(b) does or omits an act for the purpose of aiding any person to commit the offence; or

(d) incites, counsels, or procures any person to commit the offence.

(2)

Where 2 or more persons form a common intention to prosecute any unlawful purpose, and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of the common purpose if the commission of that offence was known to be a probable consequence of the prosecution of the common purpose.

Compare: 1908 No 32 s 90

https://www.legislation.govt.nz/act/public/1961/0043/137.0/DLM328506.html

What does accessory after the fact mean?

An accessory-after-the-fact is someone who assists

1) someone who has committed a crime,

2) after the person has committed the crime,

3) with knowledge that the person committed the crime, and

4) with the intent to help the person avoid arrest or punishment.

Accessory after the fact:

An accessory after the fact to an offence is one who, knowing any person to have been a party to the offence, receives, comforts, or assists that person or tampers with or actively suppresses any evidence against him or her, in order to enable him or her to escape after arrest or to avoid arrest or conviction.

https://legislation.govt.nz/act/public/1961/0043/latest/DLM328515.html

What is the difference between accessory and accomplice?

The key difference between accessories and accomplices is that accessories are not present at the crime scene, while accomplices are present and usually have an integral part in the criminal act. ... Even if the main principle goes to trial and is found not guilty, the accomplice could still be tried as a principal.

Aiding and Abetting. Aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets another person in the commission of a crime. It exists in a number of different countries and generally allows a court to pronounce someone guilty for aiding and abetting in a crime even if they are not the principal offender. - Wikipedia.

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