Bribery Legislation in New Zealand

The following is a list of relevant legislation in New Zealand regarding bribery:

Crimes Act 1961

1. The legislative provisions relating to bribery are found in the Crimes Act 1961 ("the Act").
A bribe, in the context of the Act, means "any money, valuable consideration, office, employment, or any other benefit, whether direct or indirect".

2. The issue of main concern to the Export Credit Office ("ECO") is bribery of foreign officials. The following provisions are relevant in this regard:

(a) Section 105C: This makes it an offence to bribe a person with intent to influence a foreign public official in order to obtain or retain business, or obtain an improper advantage. The maximum penalty is 7 years imprisonment.  A person will not be liable if the act 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 "the value of the benefit is small". A "routine government action" does not include a decision about whether to award new business, to continue existing business, or the terms of the new or existing business. Nor does it include any action that is outside the scope of the official’s ordinary duties.

(b) Section 105D: This provides that it is an offence for a New Zealand citizen or company to do any act overseas that would, if done in New Zealand, constitute an offence under section 105C.

(c) Section 105E: This contains an exception to both sections 105C and 105D. Essentially, if the alleged act of bribery was done outside New Zealand and was not, at the time of its commission, an offence under the laws of the relevant foreign country, then the act will not constitute an offence.

Secret Commissions Act 1910

1. Under the Secret Commissions Act 1910 it is an offence (in general terms) to:

(a) "corruptly" give a gift to an agent (and for an agent to accept such a gift) without the consent of the principal where the gift (or other consideration) is an inducement or reward for doing or forebearing to do something in relation to the principal’s affairs or business;

(b) fail to disclose (as an agent) to the agent’s principal a pecuniary interest in a contract;

(c) give an agent a false receipt or invoice (or for an agent to deliver a receipt or invoice he or she knows is false to his or her principal); and

(d) advise any person to enter into a contract with a third person and receive or agree to receive, without the person’s knowledge, a gift or consideration from that third person as an inducement or reward.