Say Rob commits a crime against Bob. Frustrated that the police won't do anything, Bob follows the private prosecution path and files a charging document against Rob.

Rob, seeing that things are getting tough, approaches Bob and offers to settle the case with a payment. Bob accepts and withdraws the charge.

Would this contract be legal and enforceable (in New Zealand)?

Also, would Bob's counteroffer amount to extortion/blackmail?

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    I don't know the answer - but in a lot of ways, this would seem analogous to a plea bargain. I'd imagine it would be legal provided that Bob was not unjustly enriched by the settlement. Of-course, any agreement you came to would not be binding on anyone not party to the agreement. By my reading of section 237 of Crimes Act 1961 - provided the charges were filed first, and without threats being made it would not be blackmail. The term extortion does not appear in the act. – davidgo Sep 3 '18 at 5:51
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    Reading a bit more - this actually appears to be more similar to "Diversion" This is relevant as diversion does not appear to be codified in law - and I'd postulate that if the police can do it, so can you. See netlaw.co.nz/crime.cfm?PageID=122 – davidgo Sep 3 '18 at 5:58
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    I'm glad this a question I don't have to answer in my part of the U.S. – ohwilleke Sep 5 '18 at 0:34

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