New Zealand Legislation: Acts

78B Consent of Attorney-General to proceedings in relation to espionage or wrongful communication, retention, or copying of official information

• (1) No information shall be laid against any person for—

  • (a) an offence against section 78 or section 78A(1); or

  • (b) the offence of conspiring to commit an offence against section 78 or section 78A(1); or

  • (c) the offence of attempting to commit an offence against section 78 or section 78A(1),—

  except with the consent of the Attorney-General:

  provided that a person alleged to have committed any offence mentioned in this subsection may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the laying of an information for the offence has not been obtained, but no further or other proceedings shall be taken until that consent has been obtained.

  (2) The Attorney-General may, before deciding whether or not to give his consent under subsection (1), make such inquiries as he thinks fit.

  Section 78B: inserted, on 1 July 1983, by section 2(1) of the Crimes Amendment Act (No 2) 1982 (1982 No 157).