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Royal Prerogative of Mercy

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The Royal Prerogative of Mercy

 

The Royal prerogative of mercy is an important constitutional safeguard in New Zealand’s criminal justice system. It provides a special avenue for convicted persons to seek a review of their case where an injustice may have occurred.

 

In New Zealand, the Governor-General, acting as the representative of the Queen of New Zealand, exercises the Royal prerogative of mercy.

 

The prerogative of mercy can be exercised where a person claims to have been wrongly convicted or wrongly sentenced.

 

The Governor-General acts on the advice of the Minister of Justice. The Governor-General has power to grant a pardon, to refer a person’s case back to the Court under section 406 of the Crimes Act 1961, and to reduce a person’s sentence. If a person’s case is-

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