Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698847045037.pdf (New Zealand)
No 128 House of Representatives Supplementary Order Paper Wednesday, 21 October 2015 Organised Crime and Anti-corruption Legislation Bill Proposed amendment` David Clendon, in Committee, to move the following amendment: Clause 6 After clause 6(4) (page 8, after line 10), insert: (4A) After section 105C(3), insert (3A) Subsection (3) does not apply if— (a) the person committing the act that is alleged to consti- tute the offence is— (i) (ii) (iii) a Minister of the Crown; or a member of Parliament; or a chief executive or an employee of any depart- ment, departmental agency, Crown entity, or Of- fice of Parliament (as defined by section 2 of the Public Finance Act 1989); and (b) the act that is alleged to constitute the offence was undertaken in their official capacity.
Explanatory note This Supplementary Order Paper inserts clause 6(4A) into the Bill, to insert new sec- tion 105C(3A) into the Crimes Act 1961, removing the Government and its officials from the coverage of section 105C(3).
Section 105C(3) currently provides an exception to the criminal sanction that other- wise applies to the bribery of a foreign public official if the act that is alleged to con- stitute the offence was committed for the sole or primary purpose of ensuring or expe- 1 SOP No 128 Organised Crime and Anti-corruption Legislation Bill Proposed amendments to diting the performance by a foreign public official of a routine government action, and the value of the benefit is small.
The effect of this provision is to legalise facilitation or “grease” payments made to foreign public officials to facilitate such activities as the granting of permits or licen- ces, the provision of utility services, and the loading or unloading of cargo.

These “grease” payments are bribes, no matter their size, and help maintain a culture in some overseas jurisdictions where low-level corruption is permitted and accepted as normal practice.
However, the Government of New Zealand should be held to a higher standard, espe- cially in light of other jurisdictions moving towards proscribing facilitation payments.

This Supplementary Order Paper, while not outlawing facilitation payments wholly, will move New Zealand towards a more transparent and ethical path in business deal- ings overseas.

Wellington, New Zealand: Published under the authority of the House of Representatives—2015 2