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Combating Bribery and Corruption
Bribery and Corruption Offences
New Zealand's criminal offences relating to bribery are contained in:
- The Crimes Act 1961; and
- The Secret Commissions Act 1910.
- The Secret Commissions Act contains those bribery/corruption-style offences which are relevant to the private sector.
Part 6 of the Crimes Act 1961 entitled ‘Crimes affecting the Administration of Law and Justice' contains criminal bribery offences. These offences relate to, amongst other things, the corruption of:
- the Judiciary
- Ministers of the Crown
- Members of Parliament
- law enforcement officers
- public officials; and
- the corrupt use of official information.
The penalties range from terms of imprisonment not exceeding 7 years to terms of imprisonment not exceeding 14 years.
In general, bribery occurs when a person:
‘Corruptly accepts or obtains (or agrees or offers to accept or attempts to obtain).....
a bribe for themselves or any other person......
for something done (or not done......
by them......
in their official capacity.'
A bribe may involve money, valuable consideration, office, employment, or any other benefit.
The Secret Commissions Act 1910
The Secret Commissions Act 1910 contains:
- bribery/corruption-style offences that are relevant to the private sector
- penalties ranging from $2,000 to 2 years imprisonment.
Offences
Under the Act the key corruption offence criminalizes the bribing of an agent to act in a certain way in respect of their principal's affairs or business. It is an offence to:
'Corruptly give (or agree to offer or give)......
to an agent......
a gift or other consideration......
as an inducement or reward......
for acting or for not acting......
in relation to their principal's affairs or business; or......
for showing favour or disfavour......
to any person......
in relation to their principal's affairs or business.'
The Act also contains other corruption-style offences, such as:
- an agent not disclosing to their principal a financial interest in a contract
- giving an agent a false receipt, or for an agent to knowingly give their principal a false receipt
- an agent receiving a secret reward for giving advice to enter a contract.
Key points
- Definitions
The coverage of the Act is extensive as provided for by the broad definitions of the terms "agent'', "principal", and "consideration":
"Agent" includes any person who:
- is or has been, or desires or intends to be, employed by any other person, or
- acts for any other person, whether as agent, broker, auctioneer, solicitor, or in any other capacity.
"Principal'' includes any person who is:
- a current, former, intended or desired employer of an agent, or
- someone for whom the agent acts, has acted, intends or desires to act.
"Consideration'' means valuable consideration of any kind.
- The nature of the consideration not only includes discounts, commissions, payment of money but also postponing or refraining from demanding the repayment of any money or valuable thing owed.
- Gifts
It is not a defence to a charge under the Secret Commissions Act to claim that the ‘gift' was of a customary nature
- Principal's Knowledge
The principal cannot complain if they knew, or ought to have known, that the agent has received a profit or other benefit, despite being unaware of its extent.