Crimes Amendment Act 2015

  • Previous title has changed
8 Section 105E replaced (Exception for acts lawful in country of foreign public official)

Replace section 105E with:

105E Corruption of foreign public officials

(1)

Every person specified in subsection (2) who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for that person or another person in respect of any act or omission by an official in the official’s official capacity (whether or not the act or omission is within the scope of the official’s authority) is liable to imprisonment for a term not exceeding 7 years.

(2)

Subsection (1) applies to—

(a)

any foreign public official who has committed the offence while in New Zealand:

(b)

any person employed as a foreign public official who has committed the offence while outside New Zealand if the person is—

(i)

a New Zealand citizen; or

(ii)

ordinarily resident in New Zealand; or

(iii)

a body corporate incorporated in New Zealand; or

(iv)

a corporation sole incorporated in New Zealand.

(3)

Nothing in this section limits any immunity that a foreign public official or person has under this Act or any other enactment.

105F Trading in influence

Every person is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for that person or another person with intent to influence an official in respect of any act or omission by that official in the official’s official capacity (whether or not the act or omission is within the scope of the official’s authority).