Prosecutions

In New Zealand, there are over 40 agencies and organisations with the ability to enforce laws and prosecute people who do not follow them.

Crown Law has published the information in this Prosecutions section as a PDF. View it here.  

Prosecutions in New Zealand

Under New Zealand’s constitutional arrangements the Attorney-General is responsible through Parliament to the citizens of New Zealand for prosecutions carried out by or on behalf of the Crown.  However, as a result of both statute and long-standing practice, the Solicitor-General is responsible day to day for superintending the prosecution process.

The Solicitor-General has a special responsibility for the funding, administration, and conduct of Crown prosecutions (certain prosecutions for serious crime). Under s 9A of the Constitution Act 1986, the Solicitor-General shares all the relevant powers vested in the office of the Attorney-General; in practice the Solicitor-General usually exercises these powers in the criminal process. This ensures that prosecutions are, and are seen to be, apolitical.

Visit the conducting prosecutions page on this site. 

Each agency is responsible for identifying its own policies and procedures relating to enforcement and prosecution, having regard to its statutory framework and practical considerations like resources. Prosecution is one path that could be taken. Other responses to offending may include giving a person a warning, some form of alternative resolution, and giving people an opportunity to put things right. The majority of prosecutions are resolved before reaching trial. Read more about alternatives to prosecutions.

The Prosecution Guidelines, first issued by the Solicitor-General in 1992 and updated from time to time, provide guidance for prosecutors to ensure consistency in prosecution practice and to assist prosecuting agencies in deciding whether and how to prosecute in any particular matter.  The guidelines cover other decisions that also arise in prosecutions.

 The Guidelines set expectations, not rules.  The guidelines do not limit prosecutors’ discretion and prosecutors are expected to exercise their judgement. Departure from the guidelines may be appropriate to do justice in the unique circumstances of an individual case.

Read more about and view the Prosecution Guidelines.

Who can bring a prosecution

Police are responsible for the vast majority of prosecutions in New Zealand.

There are many other agencies and organisations with enforcement and prosecution functions, falling into the following categories:

·         Other central Government agencies such as:

    • Corrections, who prosecute, for example, breaches of community-based sentences and parole/release conditions);
    •  Inland Revenue, who prosecute breaches of tax obligations;
    •  the Ministry of Social Development who prosecute benefit fraud;
    • the Ministry for Primary Industries, who prosecute a range of offending including animal welfare offending and offences against fisheries rules;
    • the Department of Conservation; and
    • the Serious Fraud Office.

·         Independent Crown entities with specialist regulatory and/or enforcement functions such as:

    •    the Civil Aviation Authority;
    •    Maritime New Zealand;
    •    Worksafe New Zealand;
    •    the Commerce Commission; and
    •    the Financial Markets Authority.

·         Local government bodies who prosecute for a range of offences including offences under the Resource Management Act.

·         Other statutory boards and bodies with specialist functions such as:

    • the Plumbers, Gasfitters and Drainlayers Board; and
    •   the Society for the Prevention of Cruelty to Animals.

A list of current prosecuting agencies is available below. Please note that this list may be subject to change at any time.

To learn more about the criminal law and what behaviour might be prosecuted in New Zealand, visit the Ministry of Justice website. 

Prosecuting agencies

as at 10 December 2024 (may be subject to change)

  • Accident Compensation Corporation
  • Civil Aviation Authority of New Zealand
  • Commerce Commission
  • Department of Corrections
  • New Zealand Customs Service
  • Department of Internal Affairs
  • Department of Conservation
  • Electricity Authority
  • Energy Efficiency and Conservation Authority
  • Environmental Protection Authority
  • Earthquake Commission
  • Fire and Emergency New Zealand
  • Financial Markets Authority
  • Ministry of Health
  • Heritage New Zealand
  • Health Quality and Safety Commission
  • Human Rights Commission
  • Inland Revenue Department
  • Homes and Communities
  • Land Information New Zealand
  • Maritime New Zealand
  • Ministry of Business, Innovation and Employment
  • Ministry for Culture and Heritage
  • Ministry for the Environment
  • Ministry of Education
  • Ministry for Primary Industries
  • Ministry of Social Development
  • New Zealand Defence Force
  • New Zealand Qualifications Authority
  • New Zealand Transport Agency
  • Office of the Privacy Commissioner
  • The Outdoor Access Commission
  • New Zealand Police
  • Real Estate Agents Authority
  • Serious Fraud Office
  • Statistics New Zealand
  • Takeovers Panel
  • Water Services Regulator
  • Health NZ
  • Tertiary Education Commission
  • Ministry of Transport
  • Worksafe New Zealand

 

Local, city and regional councils are also able to prosecute. In addition, there may be organisations, such as the SPCA, whose inspectors are appointed under the Animal Welfare Act 1999.