New Zealand has a comprehensive legal framework to combat corruption and enforces strict penalties for corrupt practices (ICS 2015). Two statues criminalize active and passive bribery: The Crimes Act (CA) in the public sector, and the Secret Commissions Act (SCA) in the private sector (NZGOV, 2016). Neither of the statutes allow for facilitation payments, but the CA provides an exemption if an offense is committed only to ensure or expedite the performance by a foreign public official of a routine government action, provided the value of the benefit is small (MoJ NZ GOV, 2016). Under the SCA, a corporation convicted of an offense is liable to a fine not exceeding NZD 2,000 (USD 1,700) (Norton Rose Fulbright, 2014). Any other person is liable on conviction to imprisonment of up to two years or to a fine of up to NZD 1,000 (US$900). Under the CA, most bribery offenses are punishable with imprisonment not exceeding seven years, except for convictions for judicial corruption, and corruption or bribery by Ministers of the Crown, which can be punished with up to fourteen years in prison (NRF, 2014).
The passage of an organized crime and anti-corruption bill provides for a range of measures to tackle illicit activities such as money laundering, bribery and drug-related crime (NZ Law Society, Nov. 2015). Under this law, penalties for bribery and corruption in the private sector are aligned with public sector bribery offenses by increasing penalties from a maximum of two years’ imprisonment to a maximum of seven years’ imprisonment; foreign bribery offences are also strengthened to respond to recommendations made by the OECD Working Group on Bribery (NZGOV, 2016).
The New Zealand Public Service Code of Conduct states public servants may not abuse their functions or accept any gifts, rewards, or benefits which might compromise their integrity. Gifts may only be accepted following a transparent process of declaration and registration (NRF, 2014). The Protected Disclosures Act protects employees and other individuals in the private and public sectors who inform about serious wrongdoings in their workplace. It grants whistleblowers immunity from civil and criminal proceedings against them that are based upon them having made a disclosure, and it allows employees to pursue a personal grievance if the employer retaliates by dismissing or disadvantaging that employee (NRF, 2014).
New Zealand has ratified the OECD Anti-Bribery Convention but only signed theUnited Nations Convention against Corruption (UNCAC). Access the Ministry of Justice for an overview of bribery and corruption legislation and an anti-corruption guide for businesses.
