Compliance and enforcement

About the Ministry[image] prosecution policy pdf cover

The Ministry of Business, Innovation and Employment (‘The Ministry’) is helping the Government work towards a stronger economy in which businesses have more confidence to invest and expand, and New Zealanders have more opportunity to succeed.

The Ministry is contributing to building a more competitive and productive economy, supporting the Christchurch rebuild, delivering better public services and responsibly managing the government’s finances.

The Ministry develops and delivers policy, services, advice and regulation to support business growth and the prosperity and wellbeing of all New Zealanders. It does this across a wide range of areas, including Building and Housing, Companies and Insolvency, Research and Innovation, Immigration, Intellectual Property, Employment and Health and Safety.

In regulating many of these areas, the Ministry may use its enforcement tools, which include civil enforcement (for example by the Labour Inspectorate) and prosecutions.

Download the Prosecution Policy [PDF 644KB]

 

Introduction

Prosecution action is one of a number of possible responses that may be used by the Ministry in respect of criminal conduct within the areas that it regulates.

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Solicitor General’s Prosecution Guidelines

On 1 July 2013, the Crown Law Office published the Solicitor-General’s Prosecution Guidelines (‘SG’s Prosecution Guidelines’) to assist state agency prosecutors in exercising their discretion to prosecute criminal cases.

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The Ministry’s Prosecution Decision Making Framework

The Ministry will consider each case on its own merits when making the decision to prosecute.

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Choice of charges

If a decision to prosecute is made, consideration must then be given to the charges that are most appropriate.

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Appeals

The Ministry may appeal the following decisions of a Court

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Use of Crown Prosecutors

Prosecutions for the Ministry are conducted by a mix of in-house and Crown prosecutors.

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Other agencies

It is not uncommon that more than one agency may investigate a particular matter, in circumstances where prosecution by any of those agencies could result.

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Schedule 1

Enforcement/Prosecution Policies for Individual Business Units of the Ministry

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