Prosecution Policy

The Ministry of Social Development Prosecution Policy outlines our process for making decisions whether to prosecute, and when matters may be resolved without prosecution, including alternative responses.

This policy applies to all MSD employees involved in investigating suspected offences committed by clients or others and making decisions on whether to prosecute for offending. This includes Investigators, managers, lawyers, and the MSD Prosecution Review Panel.

This Policy covers the prosecution decision process but does not apply to prosecution activity beyond the decision to prosecute.

This Policy does not apply to warnings or sanctions related to non-criminal, Social Security Act 2018 obligations failures; or to warnings issued to clients or others in relation to aggressive or abusive behaviour.

Prosecution decisions related to internal fraud are covered by the MSD Internal Fraud and Corruption Policy.

The Solicitor-General’s Prosecution Guidelines (the Guidelines) provide guidance to assist the Ministry to decide on prosecution. All prosecution decisions made by the Ministry are made in compliance with the Guidelines.