Part 6 s 105D
(b)
(3)
(4)
Crimes Act 1961
Version as at
6 November 2021
if a court is satisfied that an offence occurred in the course of producing
a commercial gain, and if the value of that commercial gain can be read‐
ily ascertained, 3 times the value of that commercial gain.
This section does not apply if—
(a)
the act that is alleged to constitute the offence was committed for the
sole or primary purpose of ensuring or expediting the performance by a
foreign public official of a routine government action; and
(b)
the value of the benefit is small.
Subsections (2A), (2B), and (2C)—
(a)
apply only in respect of offences under subsection (2) and section 105D;
and
(b)
do not preclude the liability of a body corporate or corporation sole
under any other provision of this Act.
Section 105C: inserted, on 3 May 2001, by section 8 of the Crimes (Bribery of Foreign Public Offi‐
cials) Amendment Act 2001 (2001 No 28).
Section 105C(1) business: inserted, on 7 November 2015, by section 6(1) of the Crimes Amendment
Act 2015 (2015 No 95).
Section 105C(1) employee: inserted, on 7 November 2015, by section 6(1) of the Crimes Amend‐
ment Act 2015 (2015 No 95).
Section 105C(1) routine government action paragraph (b): amended, on 7 November 2015, by sec‐
tion 6(2) of the Crimes Amendment Act 2015 (2015 No 95).
Section 105C(1) routine government action paragraph (c): inserted, on 7 November 2015, by sec‐
tion 6(3) of the Crimes Amendment Act 2015 (2015 No 95).
Section 105C(2): amended, on 7 November 2015, by section 6(4) of the Crimes Amendment Act
2015 (2015 No 95).
Section 105C(2A): inserted, on 7 November 2015, by section 6(5) of the Crimes Amendment Act
2015 (2015 No 95).
Section 105C(2B): inserted, on 7 November 2015, by section 6(5) of the Crimes Amendment Act
2015 (2015 No 95).
Section 105C(2C): inserted, on 7 November 2015, by section 6(5) of the Crimes Amendment Act
2015 (2015 No 95).
Section 105C(2D): inserted, on 7 November 2015, by section 6(5) of the Crimes Amendment Act
2015 (2015 No 95).
Section 105C(2E): inserted, on 7 November 2015, by section 6(5) of the Crimes Amendment Act
2015 (2015 No 95).
Section 105C(4): replaced, on 7 November 2015, by section 6(6) of the Crimes Amendment Act
2015 (2015 No 95).
105D Bribery outside New Zealand of foreign public official
(1)
Every one commits an offence who, being a person described in subsection (2),
does, outside New Zealand, any act that would, if done in New Zealand, consti‐
tute an offence against section 105C.
(2)
Subsection (1) applies to a person who is—
(a)
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a New Zealand citizen; or