“27A Offence to induce consent

• “(1) Every person commits an offence who induces another person, by fraud, duress, undue influence (by payment or otherwise), or other improper means, to consent to an adoption.

  “(2) Every person who commits an offence under subsection (1) is liable on conviction on indictment to imprisonment for a term not exceeding 7 years.

“27B Safety of child where offence committed

• “(1) Where a Court is satisfied that an offence against section 27 or 27A has been committed in respect of any child, the Court may order the child to be removed to a place of safety until—

  • “(a) the child can be restored to his or her parent or guardian; or

  • “(b) other arrangements can be made for the child.

  “(2) Subsection (1) applies whether or not any person has been convicted of the offence.

“27C Extraterritorial jurisdiction in respect of offence under section 27A as required by Optional Protocol

• “(1) In this section, Optional Protocol means the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, adopted by the General Assembly of the United Nations at New York on 25 May 2000.

  “(2) Even if the acts alleged to constitute an offence under section 27A occurred wholly outside New Zealand, proceedings may be brought in respect of that offence—

  • “(a) if the person to be charged—

    • “(i) is a New Zealand citizen; or

    • “(ii) is ordinarily resident in New Zealand; or

    • “(iii) has been found in New Zealand and has not been extradited; or

    • “(iv) is a body corporate, or a corporation sole, incorporated under the law of New Zealand; or

  • “(b) if the person whose consent to an adoption has been induced—

    • “(i) is a New Zealand citizen; or

    • “(ii) is ordinarily resident in New Zealand.

  “(3) Nothing in this section limits the application of section 27A in respect of—

  • “(a) acts that occurred wholly within New Zealand; or

  • “(b) the application of section 7 of the Crimes Act 1961 to the occurrence in New Zealand of—

    • “(i) an act forming part of an offence; or

    • “(ii) an event necessary to the completion of an offence; or

  • “(c) the application of section 8 of the Crimes Act 1961; or

  • “(d) the application of section 8A of the Crimes Act 1961.

“27D Attorney-General's consent required where jurisdiction claimed under section 27C

• “(1) No proceedings for an offence against section 27A may be brought in a New Zealand court in respect of any person without the consent of the Attorney-General if jurisdiction over the person is claimed by virtue of section 27C.

  “(2) However, a person alleged to have committed an offence against section 27A may be arrested, or a warrant for the person's arrest may be issued and executed, and the person may be remanded in custody or on bail, even though the Attorney-General's consent under subsection (1) has not been obtained.”

Adoption Act 1955

27A

Inducing consent to an adoption

• “(d) every offence against section 27A of the Adoption Act 1955 is deemed to be an offence described in any extradition treaty concluded before the commencement of section 6 of the Adoption Amendment Act 2011 and for the time being in force between New Zealand and any foreign country that is a party to the protocol referred to in subsection (5).”

An offence against the following section of the Adoption Act 1955:
section	subject matter
27A	Offence to induce consent