07 Contravention of statute
James Lochead made this Official Information request to New Zealand Police
The request was successful.
From: James Lochead
Dear New Zealand Police,
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 forbidden 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.
Compare: 1908 No 32 s 129
Section 107(2): added, on 1 January 1989, by section 2 of the Crimes Amendment Act 1988 (1988 No 114).
Section 107(3): added, on 1 January 1989, by section 2 of the Crimes Amendment Act 1988 (1988 No 114).
Has anyone ever actually been charged with this section of the act... like repeated breaches of the 20 day time limit of the privacy act or official information act which also has a 20 day time limit?
Yours faithfully,
James
New Zealand Police
You request has been forwarded to the appropriate department.
-----James Lochead <[OIA #1171 email]> wrote:
-----
To: OIA requests at New Zealand Police <[New Zealand Police request email]>
From: James Lochead <[OIA #1171 email]>
Date: 28/09/2013 10:07PM
Subject: Official Information Act request - 07 Contravention of statute
Dear New Zealand Police,
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 forbidden 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.
Compare: 1908 No 32 s 129
Section 107(2): added, on 1 January 1989, by section 2 of the
Crimes Amendment Act 1988 (1988 No 114).
Section 107(3): added, on 1 January 1989, by section 2 of the
Crimes Amendment Act 1988 (1988 No 114).
Has anyone ever actually been charged with this section of the
act... like repeated breaches of the 20 day time limit of the
privacy act or official information act which also has a 20 day
time limit?
Yours faithfully,
James
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show quoted sections
From: MCMAHON, Teresa
New Zealand Police
Dear James Lochead
Police has received your information request and it is now being
processed.
===============================================================
WARNING
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New Zealand Police
Dear Mr Lockhead
I refer to your request received on 28 September 2013 under the Official
Information Act 1982 (OIA) relating to whether anyone has been charged
under Section 107 of the Crimes Act 1961 (Contravention of Statute) for
repeated breaches of the 20 day limit of the Privacy Act or Official
Information Act (OIA).
Police are unable to find any record of charges being laid under Section
107 of the Crimes Act. Therefore, your request is refused pursuant to
section 18(e) of the Official Information Act 1982 on the basis that the
information requested cannot be found.
I regret that on this occasion it has not been possible to provide the
information you have requested. As you may already be aware, you have the
right under section 28(3) of the OIA to seek a review of my handling of
your request by the Office of the Ombudsmen.
Yours sincerely
Steve Darroch
Acting National Manager: Performance
Policy, Performance and Legal Group
New Zealand Police
===============================================================
WARNING
The information contained in this email message is intended for the
addressee only and may contain privileged information. It may also be
subject to the provisions of section 50 of the Policing Act 2008, which
creates an offence to have unlawful possession of Police property. If you
are not the intended recipient of this message or have received this
message in error, you must not peruse, use, distribute or copy this
message or any of its contents.
Also note, the views expressed in this message may not necessarily reflect
those of the New Zealand Police. If you have received this message in
error, please email or telephone the sender immediately
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