216D Prohibition on dealing, etc, with interception devices

(1)

Every one is liable to imprisonment for a term not exceeding 2 years who—

(a)

invites any other person to acquire from him or her; or

(b)

offers or exposes for sale or supply to any other person; or

(c)

agrees to sell or supply or sells or supplies to any other person; or

(d)

has in his or her possession for the purpose of sale or supply to any other person,—

any interception device

(i)

the sole or principal purpose of which he or she knows to be the surreptitious interception of private communications; or

(ii)

that he or she holds out as being useful for the surreptitious interception of private communications (whether or not he or she also holds it out as being useful for any other purpose).

(2)

It is a defence to a charge under this section if the person charged proves either—

(a)

that at the time he or she did any act referred to in any of paragraphs (a) to (d) of subsection (1) he or she believed that the other person referred to in the relevant paragraph was a constable, or an employee of the New Zealand Security Intelligence Service or the Government Communications Security Bureau, acting in the course of his or her official duties; or

(b)

where the charge relates to the supply of an interception device otherwise than for valuable consideration, that—

(i)

he or she supplied the interception device to the other person referred to in paragraph (c) or paragraph (d) of subsection (1) for the purpose of any proceeding or of any investigation or examination preliminary or incidental to any proceeding; or

(ii)

being a constable or an employee of the New Zealand Security Intelligence Service or the Government Communications Security Bureau, he or she supplied the interception device in the course of his or her official duties to the other person referred to in the said paragraph (c) or the said paragraph (d) for any lawful purpose.

Section 216D: inserted, on 6 August 1979, by section 2 of the Crimes Amendment Act 1979 (1979 No 5).

Section 216D heading: amended, on 1 October 2003, by section 12(a) of the Crimes Amendment Act 2003 (2003 No 39).

Section 216D(1): amended, on 1 October 2003, by section 12(b) of the Crimes Amendment Act 2003 (2003 No 39).

Section 216D(2)(a): amended, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).

Section 216D(2)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 216D(2)(a): amended, on 2 April 2003, by section 26(2) of the Government Communications Security Bureau Act 2003 (2003 No 9).

Section 216D(2)(b): amended, on 1 October 2003, by section 12(c) of the Crimes Amendment Act 2003 (2003 No 39).

Section 216D(2)(b)(i): amended, on 1 October 2003, by section 12(d) of the Crimes Amendment Act 2003 (2003 No 39).

Section 216D(2)(b)(ii): amended, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).

Section 216D(2)(b)(ii): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 216D(2)(b)(ii): amended, on 1 October 2003, by section 12(d) of the Crimes Amendment Act 2003 (2003 No 39).

Section 216D(2)(b)(ii): amended, on 2 April 2003, by section 26(2) of the Government Communications Security Bureau Act 2003 (2003 No 9).