Crimes Act 1961

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Crest

Crimes Act 1961

Public Act1961 No 43
Date of assent1 November 1961
Commencementsee section 1(2)

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice.


Contents

Title

Death

[Repealed]

Imprisonment

Penalties for certain offences involving home invasion

[Repealed]

17A Interpretation [Repealed]

Putting under bond

[Repealed]

Fine

Infancy

Insanity

Compulsion

Ignorance of law

Sentence or process

Arrest

Use of force

Breach of the peace

Defence against assault

Defence of property

Peaceable entry

Powers of discipline

Surgical operations

General provisions

Treason and other crimes against the Queen and the State

Offence of oath to commit offence

Unlawful assemblies, riots, and breaches of the peace

Piracy

Slave dealing

Participation in criminal gang

Smuggling and trafficking in people

Bribery and corruption

Contravention of statute

Misleading justice

Escapes and rescues

Crime against religion

Crimes against morality and decency

Sexual crimes

142 Anal intercourse [Repealed]

Sexual offences outside New Zealand

Crimes against public welfare

147 Brothel-keeping [Repealed]

Duties tending to the preservation of life

Homicide

Murder, manslaughter, etc

Abortion

Assaults and injuries to the person

Female genital mutilation

Bigamy, feigned marriage

Abduction, kidnapping

216 Criminal slander [Repealed]

Intimate visual recordings

Interpretation

Unlawful taking

Burglary

Robbery and blackmail

Crimes involving deceit

Money laundering

Receiving

Crimes involving computers

Forgery and counterfeiting

Coinage

Arson, damage, and waste

282 Interpretation [Repealed]

285 Altering coin [Repealed]

286 Impairing coin [Repealed]

287 Defacing coin [Repealed]

288 Melting coin [Repealed]

294 Arson [Repealed]

295 Attempted arson [Repealed]

298 Wilful damage [Repealed]

301 Wrecking [Repealed]

Interpretation

Applications for interception warrants in relation to organised criminal enterprises

Applications for interception warrants in relation to serious violent offences

General provisions

General power to stop vehicles to exercise statutory search powers

Arrest

Bail

[Repealed]

Plea of guilty after committal for trial

Change of venue

Indictments

Evidence

Identification evidence

Filing indictment

Trial and sentence

350 Bench warrant [Repealed]

369 Admissions [Repealed]

Retrials of previously acquitted persons

Appeal on matters arising before trial

Appeal on question of bail

Appeal on question of law

Appeal against conviction or sentence

391 Costs of appeal [Repealed]

General provisions as to appeals

402 Costs [Repealed]


An Act to consolidate and amend the Crimes Act 1908 and certain other enactments of the Parliament of New Zealand relating to crimes and other offences

  • Title: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986 No 114).

1 Short Title, commencement, etc
2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    aerodrome has the same meaning as in the Civil Aviation Act 1990

    aircraft has the same meaning as in the Civil Aviation Act 1990; and includes any aircraft for the time being used as an aircraft of any of the armed forces of any country other than New Zealand

    assault means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose; and to assault has a corresponding meaning

    claim of right, in relation to any act, means a belief that the act is lawful, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed

    Commonwealth country means a country that is a member of the Commonwealth of Nations; and includes every territory for whose international relations the government of any such country is responsible

    Commonwealth ship means a ship registered or required to be registered in any Commonwealth country, or recognised by the law of any Commonwealth country as a ship belonging to that country; and includes any ship for the time being used as a ship of any of the armed forces of any Commonwealth country

    constable has the meaning given in section 4 of the Policing Act 2008

    crime means an offence for which the offender may be proceeded against by indictment

    crime involving dishonesty means any crime described in Part 10 except the crimes described in sections 267 to 272

    criminally responsible means liable to punishment for an offence

    day, or daytime, means the interval between 6 o'clock in the morning of any day and 9 o'clock at night of the same day

    depositions includes written statements admitted in evidence at the standard committal or the committal hearing under section 162 of the Summary Proceedings Act 1957, and statements made under section 164 of that Act and admitted in evidence at the standard committal or read in evidence at the committal hearing

    firearm has the same meaning as in the Arms Act 1983

    for a material benefit, in relation to doing a thing, means—

    • (a) after having obtained a material benefit for doing the thing; or

    • (b) intending to obtain a material benefit for doing the thing

    foreign ship means a ship that is not a Commonwealth ship

    genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female, or of indeterminate sex)

    is liable means is liable on conviction on indictment

    Judge, in relation to a District Court, or District Court Judge means a Judge who holds a warrant under section 28B of the District Courts Act 1947 to conduct trials on indictment; and in section 399 of this Act includes any other District Court Judge

    justified, in relation to any person, means not guilty of an offence and not liable to any civil proceeding

    medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

    New Zealand includes all waters within the outer limits of the territorial sea of New Zealand (as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977)

    New Zealand aircraft means any aircraft that is registered or required to be registered in New Zealand under the Civil Aviation Act 1990; and includes any aircraft for the time being used as an aircraft of the New Zealand forces

    New Zealand forces means the New Zealand Naval Forces, the New Zealand Army, and the Royal New Zealand Air Force

    New Zealand ship means a ship registered in New Zealand, or recognised by the law of New Zealand as a ship belonging to New Zealand; and includes any ship for the time being used as a ship of the New Zealand forces

    night, or night-time, means the interval between 9 o'clock at night and 6 o'clock in the following morning

    obtain a material benefit, in relation to doing a thing, means obtain, directly or indirectly, any goods, money, pecuniary advantage, privilege, property, or other valuable consideration of any kind for doing the thing (or taking an action that forms part of doing the thing)

    offence means any act or omission for which any one can be punished under this Act or under any other enactment, whether on conviction on indictment or on summary conviction

    penis includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is male, female, or of indeterminate sex)

    person, owner, and other words and expressions of the like kind, include the Crown and any public body or local authority, and any board, society, or company, and any other body of persons, whether incorporated or not, and the inhabitants of the district of any local authority, in relation to such acts and things as it or they are capable of doing or owning

    prison manager means the manager of a prison

    property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest

    prosecutor means—

    • (a) a Crown Solicitor:

    • (b) in relation to a Crown prosecution, the Attorney-General:

    • (c) in relation to a private prosecution, the private prosecutor

    protected from criminal responsibility means not liable to any proceedings except a civil proceeding

    Registrar

    • (a) for the purposes of Part 12, means any Registrar of the trial court; and includes any Deputy Registrar of that court:

    • (b) for any other purpose, means any Registrar of the High Court or of a District Court, as the case may require; and includes any Deputy Registrar

    sexual connection means—

    • (a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of—

      • (i) a part of the body of another person; or

      • (ii) an object held or manipulated by another person; or

    • (b) connection between the mouth or tongue of one person and a part of another person's genitalia or anus; or

    • (c) the continuation of connection of a kind described in paragraph (a) or paragraph (b)

    ship means every description of vessel used in navigation, however propelled; and includes any barge, lighter, dinghy, raft, or like vessel; and also includes any ship belonging to or used as a ship of the armed forces of any country

    Supreme Court means the Supreme Court of New Zealand established by section 6 of the Supreme Court Act 2003

    territorial waters, in relation to any country other than New Zealand, means such part of the sea adjacent to the coast of that country as is within the territorial sovereignty of that country; and includes ports, harbours, rivers, and other places in which at the commencement of this Act the Admiralty of England has jurisdiction (whether exclusive or not) in respect of offences of any kind committed on board Commonwealth ships

    to injure means to cause actual bodily harm

    Trial Judge means,—

    • (a) if the accused has been committed to the High Court for trial and the case has not been transferred to the District Court for trial under section 184Q of the Summary Proceedings Act 1957, a High Court Judge:

    • (b) if the accused has been committed to the District Court for trial or the case has been transferred to that court for trial under section 184Q of the Summary Proceedings Act 1957, and the court has jurisdiction in the matter under section 28A of the District Courts Act 1947, a District Court Judge.

    (1A) For the purposes of paragraph (a) of the definition in subsection (1) of sexual connection, introduction to the slightest degree is enough to effect a connection.

    (1B) For the purposes of this Act, one person does an indecent act on another person whether he or she—

    • (a) does an indecent act with or on the other person; or

    • (b) induces or permits the other person to do an indecent act with or on him or her.

    (2) When it is provided in this Act that any one is liable to any punishment for doing or omitting any act, every person doing or omitting that act is, subject to the provisions of this Act, guilty of a crime.

    Compare: 1908 No 32 ss 2, 4A(1), 207, 237; 1948 No 77 s 8; 1950 No 83 s 2; 1953 No 120 s 2(1); 1954 No 29 s 2

    Section 2(1) aerodrome: amended, on 1 September 1990, pursuant to section 101(1) of the Civil Aviation Act 1990 (1990 No 98).

    Section 2(1) aircraft: amended, on 1 September 1990, pursuant to section 101(1) of the Civil Aviation Act 1990 (1990 No 98).

    Section 2(1) claim of right: inserted, on 1 October 2003, by section 4(1) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 2(1) colour of right: repealed, on 1 October 2003, by section 4(1) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 2(1) constable: substituted, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

    Section 2(1) crime involving dishonesty: substituted, on 1 October 2003, by section 4(2) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 2(1) depositions: substituted, on 29 June 2009, by section 18 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

    Section 2(1) firearm: inserted, on 28 October 1986, by section 2 of the Crimes Amendment Act (No 2) 1986 (1986 No 71).

    Section 2(1) for a material benefit: inserted, on 20 May 2005, by section 3(1) of the Crimes Amendment Act 2005 (2005 No 41).

    Section 2(1) genitalia: inserted, on 20 May 2005, by section 3(1) of the Crimes Amendment Act 2005 (2005 No 41).

    Section 2(1) Judge: inserted, on 1 May 1981, by section 2(1) of the Crimes Amendment Act (No 2) 1980 (1980 No 85).

    Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Section 2(1) New Zealand: substituted, on 1 January 1966, by section 11 of the Territorial Sea and Fishing Zone Act 1965 (1965 No 11).

    Section 2(1) New Zealand: amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).

    Section 2(1) New Zealand: amended, on 1 October 1977, by section 33(1) of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 (1977 No 28).

    Section 2(1) New Zealand aircraft: amended, on 1 September 1990, pursuant to section 101(1) of the Civil Aviation Act 1990 (1990 No 98).

    Section 2(1) obtain a material benefit: inserted, on 18 June 2002, by section 3 of the Crimes Amendment Act 2002 (2002 No 20).

    Section 2(1) penis: inserted, on 20 May 2005, by section 3(1) of the Crimes Amendment Act 2005 (2005 No 41).

    Section 2(1) prison manager: inserted, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 2(1) property: amended, on 1 October 2003, by section 4(3) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 2(1) prosecutor: inserted, on 1 March 1996, by section 2(1) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).

    Section 2(1) Registrar: substituted, on 1 March 1996, by section 2(2) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).

    Section 2(1) sexual connection: inserted, on 20 May 2005, by section 3(1) of the Crimes Amendment Act 2005 (2005 No 41).

    Section 2(1) Superintendent: repealed, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 2(1) Supreme Court: inserted, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

    Section 2(1) territorial waters: amended, on 1 January 1966, by section 11 of the Territorial Sea and Fishing Zone Act 1965 (1965 No 11).

    Section 2(1) Trial Judge: inserted, on 1 March 1996, by section 2(3) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).

    Section 2(1) Trial Judge paragraph (a): amended, on 29 June 2009, by section 18 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

    Section 2(1) Trial Judge paragraph (b): amended, on 29 June 2009, by section 18 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

    Section 2(1) Trial Judge paragraph (b): amended, on 22 November 1997, by section 3 of the Crimes Amendment Act 1997 (1997 No 88).

    Section 2(1) valuable security: repealed, on 1 October 2003, by section 4(4) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 2(1A): inserted, on 20 May 2005, by section 3(2) of the Crimes Amendment Act 2005 (2005 No 41).

    Section 2(1B): inserted, on 20 May 2005, by section 3(2) of the Crimes Amendment Act 2005 (2005 No 41).

3 Meaning of convicted on indictment
  • For the purposes of this Act, a person shall be deemed to be convicted on indictment if—

    • (a) he pleads guilty on indictment; or

    • (b) he is found guilty on indictment; or

    • (c) he is committed to the High Court for sentence under section 44 or section 160 or 184J of the Summary Proceedings Act 1957; or

    • (d) after having been committed for trial, he pleads guilty under section 321.

    Compare: 1945 No 23 s 2(2)

    Section 3(c): amended, on 29 June 2009, by section 18 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

    Section 3(c): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

    Section 3(c): amended, on 1 May 1977, by section 15(1) of the Judicature Amendment Act 1977 (1977 No 32).

    Section 3(d): amended, on 1 May 1981, by section 3 of the Crimes Amendment Act (No 2) 1980 (1980 No 85).

4 Meaning of ordinarily resident in New Zealand
  • For the purposes of this Act, a person shall be deemed to be ordinarily resident in New Zealand if—

    • (a) his home is in New Zealand; or

    • (b) he is residing in New Zealand with the intention of residing therein indefinitely; or

    • (c) having resided in New Zealand with the intention of establishing his home therein, or with the intention of residing in New Zealand indefinitely, he is outside New Zealand but has an intention to return to establish his home therein or to reside in New Zealand indefinitely.

Part 1
Jurisdiction

5 Application of Act
  • (1) This Act applies to all offences for which the offender may be proceeded against and tried in New Zealand.

    (2) This Act applies to all acts done or omitted in New Zealand.

    Compare: 1908 No 32 s 3

6 Persons not to be tried in respect of things done outside New Zealand
  • Subject to the provisions of section 7, no act done or omitted outside New Zealand is an offence, unless it is an offence by virtue of any provision of this Act or of any other enactment.

7 Place of commission of offence
  • For the purpose of jurisdiction, where any act or omission forming part of any offence, or any event necessary to the completion of any offence, occurs in New Zealand, the offence shall be deemed to be committed in New Zealand, whether the person charged with the offence was in New Zealand or not at the time of the act, omission, or event.

    Compare: 1908 No 32 s 4

7A Extraterritorial jurisdiction in respect of certain offences with transnational aspects
  • (1) Even if the acts or omissions alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for any offence against this Act committed in the course of carrying out a terrorist act (as defined in section 5(1) of the Terrorism Suppression Act 2002) or an offence against section 98AA, section 98A, section 98C, section 98D, any of sections 100 to 104, section 105(2), section 116, section 117, section 243, section 298A, or section 298B

    • (a) if the person to be charged—

      • (i) is a New Zealand citizen; or

      • (ii) is ordinarily resident in New Zealand; or

      • (iii) has been found in New Zealand and has not been extradited; or

      • (iv) is a body corporate, or a corporation sole, incorporated under the law of New Zealand; or

    • (b) if any of the acts or omissions is alleged to have occurred—

      • (ii) on board a ship used as a ship of the New Zealand Defence Force; or

      • (iii) on board a New Zealand aircraft; or

      • (iv) on board an aircraft that is leased to a lessee whose principal place of business is in New Zealand, or who is a New Zealand citizen or a person ordinarily resident in New Zealand; or

    • (c) if a person in respect of whom the offence is alleged to have been committed—

      • (i) is a New Zealand citizen; or

      • (ii) is ordinarily resident in New Zealand; or

    • (d) in the case of an offence against section 98A, if the group of people in which the person to be charged is alleged to have participated are alleged to have as their objective or one of their objectives the obtaining of material benefits by the commission in New Zealand of offences or conduct referred to in paragraph (a) or paragraph (b) of section 98A(2).

    (2) Even if the acts or omissions alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for an offence against section 98C or section 98D,—

    • (a) in the case of an offence against section 98C(1) or section 98D, if the act or omission is alleged to relate to the entry of a person into New Zealand; or

    • (b) in the case of an offence against section 98C(2), if the act or omission is alleged to relate to arranging the bringing of a person to New Zealand.

    (2A) Even if some or all of the acts alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for an offence against section 131B

    • (a) if the person to be charged—

      • (i) is a New Zealand citizen; or

      • (ii) is ordinarily resident in New Zealand; or

      • (iii) has been found in New Zealand and has not been extradited; or

    • (b) if any of the acts is alleged to have occurred—

      • (ii) on board a ship used as a ship of the New Zealand Defence Force; or

      • (iii) on board a New Zealand aircraft; or

      • (iv) on board an aircraft that is leased to a lessee whose principal place of business is in New Zealand, or who is a New Zealand citizen or a person ordinarily resident in New Zealand; or

    • (c) if a person in respect of whom the offence is alleged to have been committed—

      • (i) is a New Zealand citizen; or

      • (ii) is ordinarily resident in New Zealand.

    (3) Neither section 8 nor section 400 applies to an offence referred to in subsection (1).

    (4) Nothing in subsections (1) to (3) limits or affects—

    • (a) the application of section 7 to the occurrence in New Zealand of—

      • (i) an act or omission forming part of an offence; or

      • (ii) an event necessary to the completion of an offence; or

    Section 7A: inserted, on 18 June 2002, by section 4 of the Crimes Amendment Act 2002 (2002 No 20).

    Section 7A(1): amended, on 20 May 2005, by section 4(1)(a) of the Crimes Amendment Act 2005 (2005 No 41).

    Section 7A(1): amended, on 20 May 2005, by section 4(1)(b) of the Crimes Amendment Act 2005 (2005 No 41).

    Section 7A(1): amended, on 17 November 2003, by section 3(a) of the Crimes Amendment Act (No 2) 2003 (2003 No 105).

    Section 7A(1): amended, on 17 November 2003, by section 3(b) of the Crimes Amendment Act (No 2) 2003 (2003 No 105).

    Section 7A(2A): inserted, on 20 May 2005, by section 4(2) of the Crimes Amendment Act 2005 (2005 No 41).

7B Attorney-General's consent required where jurisdiction claimed under section 7A
  • (1) Proceedings for an offence against section 98AA, section 98A, section 116, section 117, section 243, section 298A, or section 298B cannot be brought in a New Zealand court against a person without the Attorney-General's consent, if jurisdiction over the person is claimed by virtue of section 7A.

    (2) A person over whom jurisdiction is claimed by virtue of section 7A may be arrested for an offence against section 98AA, section 98A, section 116, section 117, or section 243, or a warrant for the person's arrest for the offence may be issued and executed, and the person may be remanded in custody or on bail, even though the Attorney-General's consent to the bringing of proceedings against the person has not been obtained.

    (3) Proceedings for an offence against this Act committed in the course of carrying out a terrorist act (as defined in section 5(1) of the Terrorism Suppression Act 2002) cannot be brought in a New Zealand court against a person without the Attorney-General's consent, if jurisdiction over the person is claimed solely by virtue of section 7A.

    Section 7B: inserted, on 18 June 2002, by section 4 of the Crimes Amendment Act 2002 (2002 No 20).

    Section 7B(1): amended, on 20 May 2005, by section 5(a) of the Crimes Amendment Act 2005 (2005 No 41).

    Section 7B(1): amended, on 20 May 2005, by section 5(b) of the Crimes Amendment Act 2005 (2005 No 41).

    Section 7B(1): amended, on 17 November 2003, by section 4(1) of the Crimes Amendment Act (No 2) 2003 (2003 No 105).

    Section 7B(2): amended, on 20 May 2005, by section 5(a) of the Crimes Amendment Act 2005 (2005 No 41).

    Section 7B(2): amended, on 20 May 2005, by section 5(b) of the Crimes Amendment Act 2005 (2005 No 41).

    Section 7B(3): added, on 17 November 2003, by section 4(2) of the Crimes Amendment Act (No 2) 2003 (2003 No 105).

8 Jurisdiction in respect of crimes on ships or aircraft beyond New Zealand
  • (1) This section applies to any act done or omitted beyond New Zealand by any person—

    • (a) on board any Commonwealth ship; or

    • (b) on board any New Zealand aircraft; or

    • (c) on board any ship or aircraft, if that person arrives in New Zealand on that ship or aircraft in the course or at the end of a journey during which the act was done or omitted; or

    • (d) being a British subject, on board any foreign ship (not being a ship to which he belongs) on the high seas, or on board any such ship within the territorial waters of any Commonwealth country; or

    • (e) being a New Zealand citizen or a person ordinarily resident in New Zealand, on board any aircraft:

    provided that paragraph (c) shall not apply where the act was done or omitted by a person, not being a British subject, on any ship or aircraft for the time being used as a ship or aircraft of any of the armed forces of a country that is not a Commonwealth country.

    (2) Where any person does or omits any act to which this section applies, and that act or omission would, if it occurred within New Zealand, be a crime under this Act or under any other enactment (whether that enactment was passed before or after the commencement of this Act), then, subject to the provisions of this Act and of that other enactment, he shall be liable on conviction on indictment or, in the case of a crime to which Part 1 of the Summary Proceedings Act 1957 applies, either on conviction on indictment or on summary conviction under that Part, as if the act or omission had occurred in New Zealand:

    provided that where any proceedings are taken by virtue of the jurisdiction conferred by this section it shall be a defence to prove that the act or omission would not have been an offence under the law of the country of which the person charged was a national or citizen at the time of the act or omission, if it had occurred in that country.

    (3) Where at any place beyond New Zealand any person who belongs, or within 3 months previously has belonged, to any Commonwealth ship does or omits any act, whether on shore or afloat, not being an act or omission to which subsection (1) applies, and that act or omission would, if it occurred within New Zealand, be a crime, then this section shall apply in respect of that act or omission in the same manner in all respects as if it had occurred on board a Commonwealth ship.

    (4) The provisions of this section shall have the same operation in relation to the Republic of Ireland and to the citizens thereof, and to ships registered therein or belonging thereto, and to persons who belong or have belonged to those ships, and to all other persons on board those ships, as if the Republic of Ireland were a Commonwealth country and as if the citizens thereof were British subjects.

    (5) This section shall be read subject to the provisions of section 400.

    (6) In this section, the expression British subject includes a British protected person within the meaning of the British Nationality and Citizenship Act 1948.

    (7) Nothing in this section shall apply with respect to any crime against the Maritime Transport Act 1994 or Part 5A of the Civil Aviation Act 1990.

    Compare: 1908 No 32 s 4A(2); 1948 No 77 s 8; 1953 No 120 ss 2, 3, 4, 6; Criminal Code (1954, as amended 1959) s 5A (Canada)

    Section 8(7): amended, on 1 June 2004, by section 41(3) of the Civil Aviation Amendment Act 2004 (2004 No 8).

    Section 8(7): amended, on 1 February 1995, pursuant to section 202(1) of the Maritime Transport Act 1994 (1994 No 104).

8A Jurisdiction in respect of certain persons with diplomatic or consular immunity
  • (1) This section applies to every person who is—

    • (b) a person who is on overseas service pursuant to section 6 of the Foreign Affairs Act 1988; or

    • (c) a New Zealand citizen ordinarily resident in New Zealand and who is—

      • (i) a member of the family of a person described in paragraph (a) or paragraph (b); or

      • (ii) a member of the staff of a New Zealand overseas post or a New Zealand overseas mission, whether or not an officer or employee of the Ministry of Foreign Affairs and Trade or a person employed under section 10 of the Foreign Affairs Act 1988; or

      • (iii) an officer or employee of the State services (as defined in section 2(1) of the State Sector Act 1988), or of New Zealand Trade and Enterprise (as established by the New Zealand Trade and Enterprise Act 2003), who is serving in a New Zealand overseas post or a New Zealand overseas mission.

    (2) Where—

    • (a) any person to whom this section applies does, or omits to do, any act outside New Zealand (whether or not the act or omission concerned constitutes an offence under the laws in force in the place where it took place) that, if done or omitted within New Zealand would constitute an offence punishable by imprisonment for 1 year or more; and

    • (b) that person has immunity from criminal jurisdiction in the place where that act or omission took place; and

    • (c) that immunity has not been waived (otherwise than to any extent necessary to enable the extradition of that person),—

    that act or omission shall be deemed to have taken place within New Zealand.

    (3) No information shall be laid against any person over whom jurisdiction is claimed by virtue of subsection (2) without the leave of the Attorney-General.

    (4) Subsection (5) applies to any offence to the laying of an information in respect of which the consent of the Attorney-General is required by subsection (3).

    (5) Where any person is alleged to have committed an offence to which this subsection applies,—

    • (a) he may be arrested; or

    • (b) a warrant for his arrest may be issued and executed,—

    and he may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General has not been obtained to the laying of an information in respect of that offence; but no further proceedings shall be taken until that consent has been obtained.

    Section 8A: inserted, on 16 December 1983, by section 30 of the Foreign Affairs Act 1983 (1983 No 128).

    Section 8A(1): substituted, on 1 December 1988, by section 14(1) of the Foreign Affairs Act 1988 (1988 No 159).

    Section 8A(1)(a): amended, on 1 July 1993, pursuant to section 2(3) of the Foreign Affairs Amendment Act 1993 (1993 No 48).

    Section 8A(1)(b): amended, on 1 July 1993, pursuant to section 2(3) of the Foreign Affairs Amendment Act 1993 (1993 No 48).

    Section 8A(1)(c)(ii): amended, on 1 July 1993, pursuant to section 2(3) of the Foreign Affairs Amendment Act 1993 (1993 No 48).

    Section 8A(1)(c)(ii): amended, on 1 July 1993, by section 6(1) of the Foreign Affairs Amendment Act 1993 (1993 No 48).

    Section 8A(1)(c)(iii): amended, on 1 July 2003, by section 84 of the New Zealand Trade and Enterprise Act 2003 (2003 No 27).

9 Offences not to be punishable except under New Zealand Acts
  • No one shall be convicted of any offence at common law, or of any offence against any Act of the Parliament of England or the Parliament of Great Britain or the Parliament of the United Kingdom:

    provided that—

    • (a) nothing in this section shall limit or affect the power or authority of the House of Representatives or of any court to punish for contempt:

    • (b) nothing in this section shall limit or affect the jurisdiction or powers of the Court Martial, or of any officer in any of the New Zealand forces.

    Compare: 1908 No 32 s 5; Criminal Code (1954) s 8 (Canada)

    Section 9 proviso paragraph (b): amended, on 1 July 2009, by section 87 of the Court Martial Act 2007 (2007 No 101).

10 Offence under more than 1 enactment
  • (1) Where an act or omission constitutes an offence under this Act and under any other Act, the offender may be prosecuted and punished either under this Act or under that other Act.

    (2) Where an act or omission constitutes an offence under 2 or more Acts other than this Act, the offender may be prosecuted and punished under any one of those Acts.

    (3) Where an act or omission constitutes an offence under 2 or more provisions of this Act or of any other Act, the offender may be prosecuted and punished under any one of those provisions.

    (4) No one shall be liable, whether on conviction on indictment or on summary conviction, to be punished twice in respect of the same offence.

    Compare: 1908 No 32 s 6; 1924 No 11 s 25(i)

10A Criminal enactments not to have retrospective effect
  • Notwithstanding any other enactment or rule of law to the contrary, no person shall be liable in any criminal proceedings in respect of an act or omission by him if, at the time of the act or omission, the act or omission by him did not constitute an offence.

    Compare: 1954 No 50 s 43B; 1980 No 21 s 22

    Section 10A: inserted, on 1 October 1985, by section 2 of the Crimes Amendment Act (No 2) 1985 (1985 No 121).

10B Period of limitation
  • (1) Except with the prior consent of the Attorney-General, no proceedings in respect of an offence to which this section applies, or, where such proceedings have been commenced, no further steps in the proceedings (other than steps subsequent to the trial or hearing) shall be taken after the expiration of 10 years from the date of the commission of the offence.

    (2) This section shall apply to the following offences:

    • (a) an offence punishable by a fine only, where the maximum fine that may be imposed in respect of that offence is less than $2,000:

    • (b) an offence punishable by imprisonment, where the maximum term of imprisonment that may be imposed in respect of that offence is less than 3 years.

    (3) This section shall apply with respect to offences committed before or after the commencement of this section, and, in the case of an offence committed before the commencement of this section, whether or not proceedings in respect of the offence have been commenced before the commencement of this section or are in progress at the commencement of this section.

    (4) Nothing in this section shall derogate from the provisions of any other Act fixing a period of limitation of less than 10 years for the commencement of proceedings in respect of an offence.

    Compare: 1954 No 50 s 40A; 1966 No 99 s 5

    Section 10B: inserted, on 1 October 1985, by section 2 of the Crimes Amendment Act (No 2) 1985 (1985 No 121).

11 Construction of other Acts
  • (1) Every Act shall be read and construed as if any offence therein mentioned for which the offender may be prosecuted by indictment (however the offence may be therein described or referred to) were described or referred to as a crime; and all provisions of this Act relating to crimes generally shall apply to every such offence.

    (2) Every commission, Proclamation, warrant, or other document relating to criminal procedure in which offences that are crimes as defined by this Act are described or referred to by any names whatever shall be read and construed as if those offences were therein described and referred to as crimes.

    Compare: 1908 No 32 s 357

12 Summary jurisdiction
  • Nothing in this Act shall be construed to limit or affect in any way any provision made by any other Act for the trial and punishment of indictable offences in a summary way.

    Compare: 1908 No 32 s 7(5)

Part 2
Punishments

13 Powers of courts under other Acts not affected
  • Nothing in this Act shall be construed to limit or affect in any way any provision of any other Act conferring on any court any power to pass a sentence or impose a punishment or make an order in addition to or instead of a sentence or punishment prescribed by this Act, or otherwise to deal with any offender.

Death

[Repealed]

  • Heading: repealed, on 26 December 1989, pursuant to section 3(1)(a) of the Abolition of the Death Penalty Act 1989 (1989 No 119).

14 Form of sentence in capital cases
  • [Repealed]

    Section 14: repealed, on 26 December 1989, by section 3(1)(a) of the Abolition of the Death Penalty Act 1989 (1989 No 119).

15 Sentence of death not to be passed on pregnant woman
  • [Repealed]

    Section 15: repealed, on 26 December 1989, by section 3(1)(a) of the Abolition of the Death Penalty Act 1989 (1989 No 119).

16 Sentence of death not to be passed on person under 18 years of age
  • [Repealed]

    Section 16: repealed, on 26 December 1989, by section 3(1)(a) of the Abolition of the Death Penalty Act 1989 (1989 No 119).

Imprisonment

17 No sentence of solitary confinement to be passed
  • (1) No offender shall be sentenced to solitary confinement.

    (2) Every reference in any enactment to solitary confinement, or to imprisonment in solitary confinement, shall hereafter be construed as a reference to imprisonment.

    (3) Nothing in this section shall be construed to limit or affect any of the provisions of the Corrections Act 2004, or of any regulations thereunder, in respect of offences against discipline.

    Compare: 1908 No 32 s 24(2)

    Section 17(3): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Penalties for certain offences involving home invasion

[Repealed]

  • Heading: repealed, on 30 June 2002, pursuant to section 164(a) of the Sentencing Act 2002 (2002 No 9).

17A Interpretation
  • [Repealed]

    Section 17A: repealed, on 30 June 2002, by section 164(a) of the Sentencing Act 2002 (2002 No 9).

17B Maximum terms of imprisonment for offences involving home invasion: offences otherwise carrying maximum term of 5, 7, or 10 years imprisonment
  • [Repealed]

    Section 17B: repealed, on 30 June 2002, by section 164(a) of the Sentencing Act 2002 (2002 No 9).

17C Maximum terms of imprisonment for offences involving home invasion: offences otherwise carrying maximum term of 14 or 20 years imprisonment
  • [Repealed]

    Section 17C: repealed, on 30 June 2002, by section 164(a) of the Sentencing Act 2002 (2002 No 9).

17D Parties, attempts, and accessories
  • [Repealed]

    Section 17D: repealed, on 30 June 2002, by section 164(a) of the Sentencing Act 2002 (2002 No 9).

17E Maximum penalties for offences involving home invasion do not affect jurisdiction of trial court
  • [Repealed]

    Section 17E: repealed, on 30 June 2002, by section 164(a) of the Sentencing Act 2002 (2002 No 9).

Putting under bond

[Repealed]

  • Heading: repealed, on 1 October 1985, by section 3 of the Crimes Amendment Act (No 2) 1985 (1985 No 121).

18 Putting under bond
  • [Repealed]

    Section 18: repealed, on 1 October 1985, by section 3 of the Crimes Amendment Act (No 2) 1985 (1985 No 121).

Fine

19 Payment of fine, etc
  • (1) Where the court sentences an offender on conviction on indictment to pay a fine, or orders him to pay any other sum of money, it may do all or any of the following things—

    • (a) allow time for payment:

    • (b) direct payment to be made by instalments:

    • (c) direct payment to be made to such person or persons and in such place or places as the court may specify.

    (2) Where a sum is directed to be paid by instalments and default is made in the payment of any 1 instalment, the same proceedings may be taken as if default had been made in the payment of all instalments then remaining unpaid.

    Section 19: substituted, on 1 January 1967, by section 2 of the Crimes Amendment Act 1966 (1966 No 98).

19A Supervision of offender when time for payment is allowed
  • [Repealed]

    Section 19A: repealed, on 1 October 1985, by section 4 of the Crimes Amendment Act (No 2) 1985 (1985 No 121).

19B Immediate execution
  • If the court which sentences an offender to pay a fine or which orders an offender to pay any other sum of money is of opinion—

    • (a) that the offender has sufficient means to pay the fine or other sum of money forthwith; or

    • (b) that the offender has no fixed place of residence; or

    • (c) that for any other reason, having reference to the gravity of the offence, the character of the offender, or other special circumstances, execution should issue without delay—

    the court may direct that a writ of sale be issued against the personal property of an offender, without waiting for the expiration of the period mentioned in the rules of court made under this Act, or it may impose on the offender a period of imprisonment in default of payment of the fine or other sum of money (not exceeding the appropriate maximum period prescribed in section 19E).

    Section 19B: inserted, on 1 January 1967, by section 2 of the Crimes Amendment Act 1966 (1966 No 98).

19C Warrant to collect fine or other sum of money ordered to be paid
  • (1) Where any fine imposed on conviction on indictment or any other sum of money which an offender has been ordered to pay is not paid within 14 days thereafter, or within such further time as may be allowed or fixed for the payment thereof, any Registrar may issue a warrant in the form prescribed in the rules of court made under this Act to collect the sum or so much of it as remains unpaid.

    (2) Where a warrant has been issued under this section, the constable or bailiff executing it shall demand payment from the offender if he can be found and shall, unless the fine or other sum of money, or so much of it as remains unpaid, and the fee for the issue of the warrant are sooner paid, make a report as to the means of the offender so far as he has been able to ascertain them, or, as the case may be, a report that after reasonable inquiry the offender could not be found.

    (3) In this section and section 19D, bailiff means a bailiff of a District Court; and includes any deputy bailiff and any person acting as bailiff under section 15 of the District Courts Act 1947.

    Section 19C: inserted, on 1 January 1967, by section 2 of the Crimes Amendment Act 1966 (1966 No 98).

    Section 19C(2): amended, on 10 April 2006, by section 4(1) of the Crimes Amendment Act 2006 (2006 No 6).

    Section 19C(3): added, on 10 April 2006, by section 4(2) of the Crimes Amendment Act 2006 (2006 No 6).

19D Execution
  • Where a constable or bailiff makes a report as mentioned in section 19C, the Judge who sentenced the offender to pay the fine or who ordered the offender to pay the other sum of money or, if that Judge is not available, any other Judge, shall consider the report and may make such order as he thinks fit including an order for the remission of either the whole or part of the fine or other sum of money, an order for the issue of a writ of sale or an order for the immediate imprisonment of the offender, or an order allowing time for payment or allowing payment by instalments.

    Section 19D: inserted, on 1 January 1967, by section 2 of the Crimes Amendment Act 1966 (1966 No 98).

    Section 19D: amended, on 10 April 2006, by section 5 of the Crimes Amendment Act 2006 (2006 No 6).

19DA Community work, community detention, and home detention for non-payment of fine
  • (1) In any case where, under section 19D, an order may be made for the imprisonment of any person in respect of the non-payment of any fine or other sum of money, the Judge may issue a summons to that person, or, whether or not a summons has been issued or served, may issue a warrant to arrest that person and bring him before the High Court.

    (2) On the appearance of that person before the court, the court may, in its discretion, after considering the report referred to in section 19D, and after taking into account any other fines and any amount of reparation owing by that person, sentence that person to community work, community detention, or home detention in accordance with the relevant provisions of Part 2 of the Sentencing Act 2002.

    (3) A sentence of community work, community detention, or home detention may be imposed under this section, even though none of the offences in respect of which the fines were imposed was punishable by imprisonment.

    (4) If any person is sentenced to community work, community detention, or home detention under this section for the non-payment of the whole or any part of a fine or other sum of money, that fine or part of a fine or other sum of money is deemed to be remitted.

    (5) If the court sentences any person to community work, community detention, or home detention under this section, that person has the same right of appeal to the Court of Appeal against the sentence as the person would have had if the sentence had been imposed by the High Court after his or her conviction in the High Court.

    (6) If the Court of Appeal quashes the sentence of community work, community detention, or home detention on appeal, it must, at the same time, direct that the case be remitted to the High Court to be dealt with under section 19D.

    (7) If, on appeal from the Court of Appeal, the Supreme Court quashes the sentence of community work, community detention, or home detention, it must, at the same time, direct that the case be remitted to the High Court to be dealt with under section 19D.

    Section 19DA: inserted, on 1 October 1985, by section 5 of the Crimes Amendment Act (No 2) 1985 (1985 No 121).

    Section 19DA heading: amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

    Section 19DA heading: amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

    Section 19DA(2): substituted, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

    Section 19DA(2): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

    Section 19DA(3): substituted, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

    Section 19DA(3): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

    Section 19DA(4): substituted, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

    Section 19DA(4): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

    Section 19DA(5): substituted, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

    Section 19DA(5): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

    Section 19DA(6): substituted, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

    Section 19DA(6): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

    Section 19DA(7): added, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

    Section 19DA(7): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

19E Period of imprisonment for non-payment of money
  • (1) The period of imprisonment imposed under this Act in respect of the non-payment of any fine or other sum of money shall not exceed the maximum term of imprisonment to which the offender was liable on the conviction or 2 years, whichever is the less.

    (2) Where a person is imprisoned for non-payment of any fine or other sum of money, he may pay or cause to be paid to the prison manager of the prison in which he is imprisoned the sum payable and the prison manager shall thereupon discharge that person, unless he is in custody for some other matter.

    (3) Where any person who is imprisoned for non-payment of any fine or other sum of money pays or causes to be paid to any person authorised or entitled to receive the same any sum in partial satisfaction of the total amount (including costs and charges) for which he is liable, the term of his imprisonment shall be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days for which he has been committed as the sum so paid bears to the total amount (including costs and charges) for which he is liable, and the prison manager of the prison in which he is imprisoned shall, upon the expiration of the term so reduced, discharge that person unless he is in custody for some other matter.

    Section 19E: inserted, on 1 January 1967, by section 2 of the Crimes Amendment Act 1966 (1966 No 98).

    Section 19E(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 19E(3): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

19F Stay of execution on appeal
  • The court may at any time, in the case of any appeal or application for leave to appeal, or in any case if it thinks fit, suspend any order made under sections 19, 19A, 19B, or 19D or any warrant issued under section 19C.

    Section 19F: inserted, on 1 January 1967, by section 2 of the Crimes Amendment Act 1966 (1966 No 98).

Part 3
Matters of justification or excuse

20 General rule as to justifications
  • (1) All rules and principles of the common law which render any circumstances a justification or excuse for any act or omission, or a defence to any charge, shall remain in force and apply in respect of a charge of any offence, whether under this Act or under any other enactment, except so far as they are altered by or are inconsistent with this Act or any other enactment.

    (2) The matters provided for in this Part are hereby declared to be justifications or excuses in the case of all charges to which they are applicable.

    Compare: 1908 No 32 s 40

Infancy

21 Children under 10
  • (1) No person shall be convicted of an offence by reason of any act done or omitted by him when under the age of 10 years.

    (2) The fact that by virtue of this section any person has not been or is not liable to be convicted of an offence shall not affect the question whether any other person who is alleged to be a party to that offence is guilty of that offence.

    Compare: 1908 No 32 s 41

22 Children between 10 and 14
  • (1) No person shall be convicted of an offence by reason of any act done or omitted by him when of the age of 10 but under the age of 14 years, unless he knew either that the act or omission was wrong or that it was contrary to law.

    (2) The fact that by virtue of this section any person has not been or is not liable to be convicted of an offence shall not affect the question whether any other person who is alleged to be a party to that offence is guilty of that offence.

    Compare: 1908 No 32 s 42

Insanity

23 Insanity
  • (1) Every one shall be presumed to be sane at the time of doing or omitting any act until the contrary is proved.

    (2) No person shall be convicted of an offence by reason of an act done or omitted by him when labouring under natural imbecility or disease of the mind to such an extent as to render him incapable—

    • (a) of understanding the nature and quality of the act or omission; or

    • (b) of knowing that the act or omission was morally wrong, having regard to the commonly accepted standards of right and wrong.

    (3) Insanity before or after the time when he did or omitted the act, and insane delusions, though only partial, may be evidence that the offender was, at the time when he did or omitted the act, in such a condition of mind as to render him irresponsible for the act or omission.

    (4) The fact that by virtue of this section any person has not been or is not liable to be convicted of an offence shall not affect the question whether any other person who is alleged to be a party to that offence is guilty of that offence.

    Compare: 1908 No 32 s 43

Compulsion

24 Compulsion
  • (1) Subject to the provisions of this section, a person who commits an offence under compulsion by threats of immediate death or grievous bodily harm from a person who is present when the offence is committed is protected from criminal responsibility if he believes that the threats will be carried out and if he is not a party to any association or conspiracy whereby he is subject to compulsion.

    (2) Nothing in subsection (1) shall apply where the offence committed is an offence specified in any of the following provisions of this Act, namely:

    • (h) subsection (1) of section 189 (injuring with intent to cause grievous bodily harm):

    • (ka) [Repealed]

    (3) Where a woman who is married or in a civil union commits an offence, the fact that her husband or civil union partner was present at the commission of the offence does not of itself raise a presumption of compulsion.

    Compare: 1908 No 32 s 44

    Section 24(2): amended, on 1 February 1986, by section 7(1) of the Crimes Amendment Act (No 3) 1985 (1985 No 160).

    Section 24(2)(k): substituted, on 1 October 2003, by section 5 of the Crimes Amendment Act 2003 (2003 No 39).

    Section 24(2)(ka): repealed, on 1 October 2003, by section 5 of the Crimes Amendment Act 2003 (2003 No 39).

    Section 24(2)(l): substituted, on 1 October 2003, by section 5 of the Crimes Amendment Act 2003 (2003 No 39).

    Section 24(2)(m): added, on 1 October 2003, by section 5 of the Crimes Amendment Act 2003 (2003 No 39).

    Section 24(3): substituted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Ignorance of law

25 Ignorance of law
  • The fact that an offender is ignorant of the law is not an excuse for any offence committed by him.

    Compare: 1908 No 32 s 45

Sentence or process

26 Execution of sentence, process, or warrant
  • (1) Every ministerial officer of any court authorised to execute a lawful sentence, and every prison manager of any prison, and every person lawfully assisting any such ministerial officer or prison manager, is justified in executing the sentence.

    (2) Every ministerial officer of any court duly authorised to execute any lawful process of the court, whether of a civil or a criminal nature, and every person lawfully assisting him, is justified in executing it; and every prison manager required under the process to receive and detain any person is justified in receiving and detaining him.

    (3) Every one duly authorised to execute a lawful warrant issued by any court or Justice or Community Magistrate or other person having jurisdiction to issue the warrant, and every person lawfully assisting him, is justified in executing the warrant; and every prison manager required under the warrant to receive and detain any person is justified in receiving and detaining him.

    Compare: 1908 No 32 s 46

    Section 26(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 26(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 26(3): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 26(3): amended, on 30 June 1998, by section 2 of the Crimes Amendment Act (No 2) 1998 (1998 No 79).

27 Execution of erroneous sentence or process
  • If a sentence is passed or a process is issued by a court having jurisdiction under any circumstances to pass such a sentence or issue such a process, or if a warrant is issued by a court or person having jurisdiction under any circumstances to issue such a warrant, the sentence passed or process or warrant issued shall be sufficient to justify the execution of it by every officer, prison manager, or other person authorised to execute it, and by every person lawfully assisting him, notwithstanding that—

    • (a) the court passing the sentence or issuing the process had no authority to pass that sentence or issue that process in the particular case; or

    • (b) the court or other person issuing the warrant had no jurisdiction to issue it, or exceeded its or his jurisdiction in issuing it, in the particular case.

    Compare: 1908 No 32 s 47

    Section 27: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

28 Sentence or process without jurisdiction
  • (1) Every officer, prison manager, or person executing any sentence, process, or warrant, and every person lawfully assisting him, shall be protected from criminal responsibility if—

    • (a) he acts in good faith under the belief that the sentence or process was that of a court having jurisdiction, or, as the case may be, that the warrant was that of a court, Justice, Community Magistrate, or other person having authority to issue warrants; and

    • (b) it is proved that the person passing the sentence or issuing the process acted as such a court under colour of having some appointment or commission lawfully authorising him to act as such a court, or, as the case may require, that the person issuing the warrant acted as a Justice, Community Magistrate, or other person having authority to do so.

    (2) This section shall apply notwithstanding that, in fact,—

    • (a) any such appointment or commission as aforesaid did not exist or had expired; or

    • (b) the court or the person passing the sentence or issuing the process was not the court or the person authorised by the appointment or commission to act; or

    • (c) the person issuing the warrant was not duly authorised to issue it.

    Compare: 1908 No 32 s 48

    Section 28(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 28(1)(a): amended, on 30 June 1998, by section 3(a) of the Crimes Amendment Act (No 2) 1998 (1998 No 79).

    Section 28(1)(b): amended, on 30 June 1998, by section 3(b) of the Crimes Amendment Act (No 2) 1998 (1998 No 79).

29 Irregular warrant or process
  • (1) Every one acting under a warrant or process that is bad in law on account of some defect in substance or in form, apparent on the face of it, shall be protected from criminal responsibility to the same extent and subject to the same provisions as if the warrant or process were good in law if in good faith and without culpable ignorance or negligence he believed that the warrant or process was good in law; and ignorance of the law shall in this case be an excuse.

    (2) It is a question of law whether the facts of which there is evidence do or do not constitute culpable ignorance or negligence in his so believing the warrant or process to be good in law.

    Compare: 1908 No 32 s 50

Arrest

30 Arresting the wrong person
  • (1) Every one duly authorised to execute a warrant to arrest who thereupon arrests a person, believing in good faith and on reasonable and probable grounds that he is the person named in the warrant, shall be protected from criminal responsibility to the same extent and subject to the same provisions as if the person arrested had been the person named in the warrant.

    (2) Every one called on to assist the person making such arrest, and believing that the person in whose arrest he is called on to assist is the person for whose arrest the warrant is issued, and every prison manager who is required to receive and detain the person arrested, shall be protected from criminal responsibility to the same extent and subject to the same provisions as if the person arrested had been the person named in the warrant.

    Compare: 1908 No 32 s 49

    Section 30(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

31 Arrest by constable pursuant to statutory powers
  • Every constable is justified in arresting any person without warrant in accordance with the provisions of section 315 or in accordance with any other enactment conferring on him a power so to arrest.

    Compare: 1908 No 32 ss 56, 57(2)

32 Arrest by constable of person believed to have committed offence
  • Where under any enactment any constable has power to arrest without warrant any person who has committed an offence, the constable is justified in arresting without warrant any person whom he believes, on reasonable and probable grounds, to have committed that offence, whether or not the offence has in fact been committed, and whether or not the arrested person committed it.

    Compare: 1908 No 32 s 51

33 Arrest by other officers or persons pursuant to statutory powers
  • Every officer or other person, not being a constable, who is authorised by any enactment to arrest any person without warrant is justified in so arresting any person in accordance with the provisions of that enactment.

34 Persons assisting constable or officer in arrest
  • (1) Every one called upon by a constable to assist him in the arrest of any person believed or suspected to have committed any offence is justified in assisting unless he knows that there is no reasonable ground for the belief or suspicion.

    (2) Where by any enactment it is provided that any officer or person, not being a constable, may call upon any other person to assist him in arresting without warrant any one who has committed or is found committing any offence, every person so called upon is justified in assisting unless he knows that there is no reasonable ground for believing that the person to be arrested has committed the offence.

    Compare: 1908 No 32 s 52

35 Arrest of persons found committing certain crimes
  • Every one is justified in arresting without warrant—

    • (a) any person whom he finds committing any offence against this Act for which the maximum punishment is not less than 3 years' imprisonment:

    • (b) any person whom he finds by night committing any offence against this Act.

    Compare: 1908 No 32 ss 53, 57(1)

    Section 35(a): amended, on 27 March 2008, by section 4 of the Crimes Amendment Act 2008 (2008 No 8).

36 Arrest of person believed to be committing crime by night
  • Every one is protected from criminal responsibility for arresting without warrant any person whom he finds by night in circumstances affording reasonable and probable grounds for believing that that person is committing an offence against this Act.

    Compare: 1908 No 32 s 55

37 Arrest after commission of certain crimes
  • Where any offence against this Act has been committed, every one who believes, on reasonable and probable grounds, that any person has committed that offence is protected from criminal responsibility for arresting that person without warrant, whether or not that person committed the offence.

    Compare: 1908 No 32 s 54

38 Arrest during flight
  • (1) Every one is protected from criminal responsibility for arresting without warrant any person whom he believes, on reasonable and probable grounds, to have committed an offence against this Act, and to be escaping from and to be freshly pursued by any one whom he believes, on reasonable and probable grounds, to have lawful authority to arrest that person for the offence.

    (2) This section shall apply whether or not the offence has in fact been committed, and whether or not the arrested person committed it.

    Compare: 1908 No 32 s 58

Use of force

39 Force used in executing process or in arrest
  • Where any person is justified, or protected from criminal responsibility, in executing or assisting to execute any sentence, warrant, or process, or in making or assisting to make any arrest, that justification or protection shall extend and apply to the use by him of such force as may be necessary to overcome any force used in resisting such execution or arrest, unless the sentence, warrant, or process can be executed or the arrest made by reasonable means in a less violent manner:

    provided that, except in the case of a constable or a person called upon by a constable to assist him, this section shall not apply where the force used is intended or likely to cause death or grievous bodily harm.

    Compare: 1908 No 32 s 60

40 Preventing escape or rescue
  • (1) Where any person is lawfully authorised to arrest or to assist in arresting any other person, or is justified in or protected from criminal responsibility for arresting or assisting to arrest any other person, that authority, justification, or protection, as the case may be, shall extend and apply to the use of such force as may be necessary—

    • (a) to prevent the escape of that other person if he takes to flight in order to avoid arrest; or

    • (b) to prevent the escape or rescue of that other person after his arrest—

    unless in any such case the escape or rescue can be prevented by reasonable means in a less violent manner:

    provided that, except in the case of a constable or a person called upon by a constable to assist him, this subsection shall not apply where the force used is intended or likely to cause death or grievous bodily harm.

    (2) Where any prisoner of a prison is attempting to escape from lawful custody, or is fleeing after having escaped therefrom, every constable, and every person called upon by a constable to assist him, is justified in using such force as may be necessary to prevent the escape of or to recapture the prisoner, unless in any such case the escape can be prevented or the recapture effected by reasonable means in a less violent manner.

    Compare: 1908 No 32 ss 62, 63, 64, 65

    Section 40(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

41 Prevention of suicide or certain offences
  • Every one is justified in using such force as may be reasonably necessary in order to prevent the commission of suicide, or the commission of an offence which would be likely to cause immediate and serious injury to the person or property of any one, or in order to prevent any act being done which he believes, on reasonable grounds, would, if committed, amount to suicide or to any such offence.

    Compare: 1908 No 32 s 72

Breach of the peace

42 Preventing breach of the peace
  • (1) Every one who witnesses a breach of the peace is justified in interfering to prevent its continuance or renewal, and may detain any person committing it, in order to give him into the custody of a constable:

    provided that the person interfering shall use no more force than is reasonably necessary for preventing the continuance or renewal of the breach of the peace, or than is reasonably proportionate to the danger to be apprehended from its continuance or renewal.

    (2) Every constable who witnesses a breach of the peace, and every person lawfully assisting him, is justified in arresting any one whom he finds committing it.

    (3) Every constable is justified in receiving into custody any person given into his charge, as having been a party to a breach of the peace, by one who has witnessed it or whom the constable believes on reasonable and probable grounds to have witnessed it.

    Compare: 1908 No 32 s 66

43 Suppression of riot
  • Every one is justified in using such force as is necessary to suppress a riot, if the force used is not disproportionate to the danger to be apprehended from the continuance of the riot.

    Compare: 1908 No 32 s 67

44 Suppression of riot by Police
  • The senior constable for the time being acting at the place of any riot is justified in using and ordering to be used, and every constable is justified in using, such force as he believes, in good faith and on reasonable and probable grounds, to be necessary to suppress the riot, not being disproportionate to the danger which he believes, on reasonable and probable grounds, is to be apprehended from the continuance of the riot.

    Compare: 1908 No 32 s 68

    Section 44: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

45 Suppression of riot by persons acting under lawful orders
  • (1) Every one, whether a member of the New Zealand forces or not, acting in good faith in obedience to orders for the suppression of any riot given by the senior constable for the time being acting at the place of the riot is justified in obeying the orders so given, unless those orders are manifestly unlawful; and is protected from criminal responsibility for using such force as he believes, on reasonable and probable grounds, to be necessary for carrying those orders into effect.

    (2) It is a question of law whether any particular order is manifestly unlawful or not.

    Compare: 1908 No 32 s 69

    Section 45(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

46 Suppression of riot by persons without orders
  • Every one, whether a member of the New Zealand forces or not, who believes, in good faith and on reasonable and probable grounds, that serious mischief will arise from the riot before there is time to procure the intervention of the Police, is justified in using such force as he believes, in good faith and on reasonable and probable grounds, to be necessary to suppress the riot, not being disproportionate to the danger which he believes, on reasonable grounds, is to be apprehended from the continuance of the riot.

    Compare: 1908 No 32 s 70

47 Protection of members of New Zealand forces
  • (1) Every one bound as a member of the New Zealand forces to obey the lawful command of his superior officer is justified in obeying any command given him by any such officer for the suppression of a riot, unless the command is manifestly unlawful.

    (2) It is a question of law whether any particular command is manifestly unlawful or not.

    Compare: 1908 No 32 s 71

Defence against assault

48 Self-defence and defence of another
  • Every one is justified in using, in the defence of himself or another, such force as, in the circumstances as he believes them to be, it is reasonable to use.

    Section 48: substituted, on 1 January 1981, by section 2(1) of the Crimes Amendment Act 1980 (1980 No 63).

49 Self-defence against provoked assault
  • [Repealed]

    Section 49: repealed, on 1 January 1981, by section 2(1) of the Crimes Amendment Act 1980 (1980 No 63).

50 Provocation defined
  • [Repealed]

    Section 50: repealed, on 1 January 1981, by section 2(1) of the Crimes Amendment Act 1980 (1980 No 63).

51 Defence of person under protection
  • [Repealed]

    Section 51: repealed, on 1 January 1981, by section 2(1) of the Crimes Amendment Act 1980 (1980 No 63).

Defence of property

52 Defence of movable property against trespasser
  • (1) Every one in peaceable possession of any movable thing, and every one lawfully assisting him, is justified in using reasonable force to resist the taking of the thing by any trespasser or to retake it from any trespasser, if in either case he does not strike or do bodily harm to the trespasser.

    (2) [Repealed]

    Compare: 1908 No 32 s 77

    Section 52(2): repealed, on 1 January 1981, by section 2(2) of the Crimes Amendment Act 1980 (1980 No 63).

53 Defence of movable property with claim of right
  • (1) Every one in peaceable possession of any movable thing under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending his possession by the use of reasonable force, even against a person entitled by law to possession, if he does not strike or do bodily harm to the other person.

    (2) [Repealed]

    Compare: 1908 No 32 s 78

    Section 53(2): repealed, on 1 January 1981, by section 2(2) of the Crimes Amendment Act 1980 (1980 No 63).

54 Defence of movable property without claim of right
  • (1) Every one in peaceable possession of any movable thing, but neither claiming right thereto nor acting under the authority of a person claiming right thereto, is neither justified in nor protected from criminal responsibility for defending his possession against a person entitled by law to possession.

    (2) [Repealed]

    Compare: 1908 No 32 s 79

    Section 54(2): repealed, on 1 January 1981, by section 2(2) of the Crimes Amendment Act 1980 (1980 No 63).

55 Defence of dwellinghouse
  • Every one in peaceable possession of a dwellinghouse, and every one lawfully assisting him or acting by his authority, is justified in using such force as is necessary to prevent the forcible breaking and entering of the dwellinghouse by any person if he believes, on reasonable and probable grounds, that there is no lawful justification for the breaking and entering.

    Compare: 1908 No 32 ss 80, 81; Criminal Code (1954) s 40 (Canada)

56 Defence of land or building
  • (1) Every one in peaceable possession of any land or building, and every one lawfully assisting him or acting by his authority, is justified in using reasonable force to prevent any person from trespassing on the land or building or to remove him therefrom, if he does not strike or do bodily harm to that person.

    (2) [Repealed]

    Compare: 1908 No 32 s 82

    Section 56(2): repealed, on 1 January 1981, by section 2(2) of the Crimes Amendment Act 1980 (1980 No 63).

Peaceable entry

57 Assertion of right to land or building
  • (1) Every one is justified in peaceably entering in the daytime on any land or building to the possession of which he, or some person under whose authority he acts, is lawfully entitled, for the purpose of taking possession thereof.

    (2) [Repealed]

    (3) [Repealed]

    Compare: 1908 No 32 s 83

    Section 57(2): repealed, on 1 January 1981, by section 2(2) of the Crimes Amendment Act 1980 (1980 No 63).

    Section 57(3): repealed, on 1 January 1981, by section 2(2) of the Crimes Amendment Act 1980 (1980 No 63).

58 Exercise of right of way, etc
  • Every one lawfully entitled to enter on any land for the exercise of any right of way or other easement or profit is justified in peaceably entering on the land for the purpose of exercising that right of way, easement, or profit:

    provided that if any one so entering has notice that his right to use that way or easement, or to take that profit, is disputed by the person in possession of the land, an assault committed by that person, or by any person acting under his authority, for the purpose of making the person entering desist from entry, shall be deemed to be provoked by the person entering.

    Compare: 1908 No 32 s 84

Powers of discipline

59 Parental control
  • (1) Every parent of a child and every person in the place of a parent of the child is justified in using force if the force used is reasonable in the circumstances and is for the purpose of—

    • (a) preventing or minimising harm to the child or another person; or

    • (b) preventing the child from engaging or continuing to engage in conduct that amounts to a criminal offence; or

    • (c) preventing the child from engaging or continuing to engage in offensive or disruptive behaviour; or

    • (d) performing the normal daily tasks that are incidental to good care and parenting.

    (2) Nothing in subsection (1) or in any rule of common law justifies the use of force for the purpose of correction.

    (3) Subsection (2) prevails over subsection (1).

    (4) To avoid doubt, it is affirmed that the Police have the discretion not to prosecute complaints against a parent of a child or person in the place of a parent of a child in relation to an offence involving the use of force against a child, where the offence is considered to be so inconsequential that there is no public interest in proceeding with a prosecution.

    Section 59: substituted, on 21 June 2007, by section 5 of the Crimes (Substituted Section 59) Amendment Act 2007 (2007 No 18).

60 Discipline on ship or aircraft
  • (1) The master or officer in command of a ship on a voyage or the pilot in command of an aircraft on a flight is justified in using and ordering the use of force for the purpose of maintaining good order and discipline on board his ship or aircraft if he believes on reasonable grounds that the use of force is necessary, and if the force used is reasonable in the circumstances.

    (2) Every one acting in good faith is justified in using force in obedience to any order given by the master or officer or pilot in command for the purpose aforesaid, if the force used is reasonable in the circumstances.

    (3) The reasonableness of the grounds of which the use of force was believed to be necessary, and the reasonableness of the force used, are questions of fact.

    Compare: 1908 No 32 s 85(2), (3)

Surgical operations

61 Surgical operations
  • Every one is protected from criminal responsibility for performing with reasonable care and skill any surgical operation upon any person for his benefit, if the performance of the operation was reasonable, having regard to the patient's state at the time and to all the circumstances of the case.

    Compare: 1908 No 32 s 86(1)

61A Further provisions relating to surgical operations
  • (1) Every one is protected from criminal responsibility for performing with reasonable care and skill any surgical operation upon any person if the operation is performed with the consent of that person, or of any person lawfully entitled to consent on his behalf to the operation, and for a lawful purpose.

    (2) Without limiting the term lawful purpose in subsection (1), a surgical operation that is performed for the purpose of rendering the patient sterile is performed for a lawful purpose.

    Section 61A: inserted, on 16 December 1977, by section 2 of the Crimes Amendment Act 1977 (1977 No 113).

General provisions

62 Excess of force
  • Every one authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess.

    Compare: 1908 No 32 s 86(2)

63 Consent to death
  • No one has a right to consent to the infliction of death upon himself; and, if any person is killed, the fact that he gave any such consent shall not affect the criminal responsibility of any person who is a party to the killing.

    Compare: 1908 No 32 s 87

64 Obedience to de facto law
  • Every one is protected from criminal responsibility for any act done in obedience to the laws for the time being made and enforced by those in possession de facto of the sovereign power in and over the place where the act is done.

    Compare: 1908 No 32 s 88

65 Other enactments not affected
  • Nothing in this Act shall take away or diminish any authority given by any other enactment to arrest, detain, or put any restraint on any person.

    Compare: 1908 No 32 s 59

Part 4
Parties to the commission of offences

66 Parties to offences
  • (1) Every one is a party to and guilty of an offence who—

    • (a) actually commits the offence; or

    • (b) does or omits an act for the purpose of aiding any person to commit the offence; or

    • (c) abets any person in the commission of the offence; or

    • (d) incites, counsels, or procures any person to commit the offence.

    (2) Where 2 or more persons form a common intention to prosecute any unlawful purpose, and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of the common purpose if the commission of that offence was known to be a probable consequence of the prosecution of the common purpose.

    Compare: 1908 No 32 s 90

67 Conspiracy between spouses or civil union partners
  • A person is capable of conspiring with his or her spouse or civil union partner or with his or her spouse or civil union partner and any other person.

    Section 67: substituted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

68 Party to murder outside New Zealand
  • (1) Except as hereinafter provided, every one is liable to imprisonment for a term not exceeding 14 years who, in New Zealand, aids, incites, counsels, or procures the doing or omission of an act outside New Zealand which, if done or omitted in New Zealand, would be murder.

    (2) Every one is liable to imprisonment for a term not exceeding 10 years who, in New Zealand, incites, counsels, or attempts to procure the doing or omission of an act outside New Zealand which, if done or omitted in New Zealand, would be murder, when no such act is in fact done or omitted.

    (3) It is a defence to a charge under this section to prove that the doing or omission of the act was not an offence under the law of the place where it was, or was to be, done or omitted.

    (4) Nothing in this section limits or affects sections 9 to 11 of the International Crimes and International Criminal Court Act 2000.

    Compare: 1908 No 32 s 189(b)

    Section 68(4): added, on 1 October 2000, by section 181(1) of the International Crimes and International Criminal Court Act 2000 (2000 No 26).

69 Party to any other crime outside New Zealand
  • (1) Every one is liable to imprisonment for a term not exceeding 14 years who, in New Zealand, aids, incites, counsels, or procures the doing or omission outside New Zealand, by any person not owing allegiance to Her Majesty the Queen in right of New Zealand, of any act which, if done or omitted outside New Zealand by a person owing such allegiance, would be any of the crimes of treason, inciting to mutiny, or espionage, as specified in sections 73, 77, and 78.

    (2) Every one is liable to imprisonment for a term not exceeding 10 years who, in New Zealand, incites, counsels, or attempts to procure the doing or omission outside New Zealand of any act which, if done or omitted in New Zealand, would be any such crime as aforesaid, when that act is not in fact done or omitted.

    (3) Every one who, in New Zealand, aids, incites, counsels, or procures the doing or omission outside New Zealand of any act (not being an act to which the foregoing provisions of this section apply) which, if done or omitted in New Zealand, would be a crime other than murder, is liable to imprisonment for a term not exceeding that prescribed for the crime, or 7 years, whichever is the less:

    provided that it shall be a defence to a charge under this subsection to prove that the doing or omission of the act to which the charge relates was not an offence under the law of the place where it was, or was to be, done or omitted.

    (4) Except as otherwise provided in this Act, no one shall be convicted of inciting, counselling, or attempting to procure in New Zealand the doing or omission of an act outside New Zealand when that act is not in fact done or omitted.

    (5) Nothing in this section limits or affects sections 9 to 11 of the International Crimes and International Criminal Court Act 2000.

    Section 69(1): amended, on 1 July 1983, by section 2(2) of the Crimes Amendment Act (No 2) 1982 (1982 No 157).

    Section 69(5): added, on 1 October 2000, by section 181(2) of the International Crimes and International Criminal Court Act 2000 (2000 No 26).

70 Offence committed other than offence intended
  • (1) Every one who incites, counsels, or procures another to be a party to an offence of which that other is afterwards guilty is a party to that offence, although it may be committed in a way different from that which was incited, counselled, or suggested.

    (2) Every one who incites, counsels, or procures another to be a party to an offence is a party to every offence which that other commits in consequence of such inciting, counselling, or procuring, and which the first-mentioned person knew to be likely to be committed in consequence thereof.

    Compare: 1908 No 32 s 91

71 Accessory after the fact
  • (1) An accessory after the fact to an offence is one who, knowing any person to have been a party to the offence, receives, comforts, or assists that person or tampers with or actively suppresses any evidence against him, in order to enable him to escape after arrest or to avoid arrest or conviction.

    (2) No person whose spouse or civil union partner has been a party to an offence becomes an accessory after the fact to that offence by doing any act to which this section applies in order to enable the spouse or civil union partner, or the spouse, civil union partner, and any other person who has been a party to the offence, to escape after arrest or to avoid arrest or conviction.

    Compare: 1908 No 32 s 92; Criminal Code (1954) s 23 (Canada)

    Section 71(2): substituted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

72 Attempts
  • (1) Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

    (2) The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.

    (3) An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.

    Compare: 1908 No 32 s 93

Part 5
Crimes against public order

Treason and other crimes against the Queen and the State

73 Treason
  • Every one owing allegiance to Her Majesty the Queen in right of New Zealand commits treason who, within or outside New Zealand,—

    • (a) kills or wounds or does grievous bodily harm to Her Majesty the Queen, or imprisons or restrains her; or

    • (b) levies war against New Zealand; or

    • (c) assists an enemy at war with New Zealand, or any armed forces against which New Zealand forces are engaged in hostilities, whether or not a state of war exists between New Zealand and any other country; or

    • (d) incites or assists any person with force to invade New Zealand; or

    • (e) uses force for the purpose of overthrowing the Government of New Zealand; or

    • (f) conspires with any person to do anything mentioned in this section.

    Compare: 1908 No 32 s 94; Criminal Code (1954) s 46 (Canada)

74 Punishment for treason or attempted treason
  • (1) Except as otherwise provided in this Act, every one who commits treason within the meaning of any of the provisions of paragraphs (a) to (e) of section 73 shall upon conviction be sentenced to imprisonment for life.

    (2) Every one is liable to imprisonment for a term not exceeding 14 years who commits treason within the meaning of paragraph (f) of the said section 73.

    (3) Every one is liable to imprisonment for a term not exceeding 14 years who, owing allegiance to Her Majesty the Queen in right of New Zealand, attempts to commit treason within or outside New Zealand.

    Compare: 1908 No 32 ss 95, 99

    Section 74(1): amended, on 26 December 1989, by section 3(2) of the Abolition of the Death Penalty Act 1989 (1989 No 119).

75 Evidence of treason
  • (1) No one shall be convicted of treason on the evidence of 1 witness only, unless the evidence of that witness is corroborated in some material particular by evidence implicating the accused.

    (2) Nothing in subsection (1) shall apply to treason within the meaning of paragraph (a) of section 73.

    Compare: 1908 No 32 s 96(1); Criminal Code (1954) s 47(2) (Canada)

76 Punishment for being party to treason
  • Every one is liable to imprisonment for a term not exceeding 7 years who—

    • (a) becomes an accessory after the fact to treason; or

    • (b) knowing that a person is about to commit treason, fails without reasonable excuse to inform a constable as soon as possible or to use other reasonable efforts to prevent its commission.

    Compare: 1908 No 32 s 98

77 Inciting to mutiny
  • Every one owing allegiance to Her Majesty the Queen in right of New Zealand is liable to imprisonment for a term not exceeding 10 years who, within or outside New Zealand, for any traitorous or mutinous purpose,—

    • (a) endeavours at any time to seduce any person serving in the New Zealand forces from his duty; or

    • (b) during any war or state of hostilities in which New Zealand forces are engaged, endeavours to seduce any person serving in any allied armed force, whether a Commonwealth force or not, from his duty.

    Compare: 1908 No 32 s 100; 1954 No 29 s 3

78 Espionage
  • Every one is liable to imprisonment for a term not exceeding 14 years who, being a person who owes allegiance to the Queen in right of New Zealand, within or outside New Zealand,—

    • (a) with intent to prejudice the security or defence of New Zealand, communicates information or delivers any object to a country or organisation outside New Zealand or to a person acting on behalf of any such country or organisation; or

    • (b) with intent to prejudice the security or defence of New Zealand and with the intention of communicating information or delivering any object to a country or organisation outside New Zealand or to a person acting on behalf of any such country or organisation,—

      • (i) collects or records any information; or

      • (ii) copies any document; or

      • (iii) obtains any object; or

      • (iv) makes any sketch, plan, model, or note; or

      • (v) takes any photograph; or

      • (vi) records any sound or image; or

      • (vii) delivers any object to any person,—

    if the communication or delivery or intended communication or intended delivery under paragraph (a) or paragraph (b) is likely to prejudice the security or defence of New Zealand.

    Section 78: substituted, on 1 July 1983, by section 2(1) of the Crimes Amendment Act (No 2) 1982 (1982 No 157).

78A Wrongful communication, retention, or copying of official information
  • (1) Every one is liable to imprisonment for a term not exceeding 3 years who, being a person who owes allegiance to the Queen in right of New Zealand, within or outside New Zealand,—

    • (a) knowingly or recklessly, and with knowledge that he is acting without proper authority, communicates any official information or delivers any object to any other person knowing that such communication or delivery is likely to prejudice the security or defence of New Zealand; or

    • (b) with intent to prejudice the security or defence of New Zealand, retains or copies any official document—

      • (i) which he knows he does not have proper authority to retain or copy; and

      • (ii) which he knows relates to the security or defence of New Zealand; and

      • (iii) which would, by its unauthorised disclosure, be likely to prejudice the security or defence of New Zealand; or

    • (c) knowingly fails to comply with any directions issued by a lawful authority for the return of an official document—

      • (i) which is in his possession or under his control; and

      • (ii) which he knows relates to the security or defence of New Zealand; and

      • (iii) which would, by its unauthorised disclosure, be likely to prejudice seriously the security or defence of New Zealand.

    (2) In this section,—

    department means a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975

    object means any object which—

    • (a) a department; or

    • (b) a Minister of the Crown in his official capacity; or

    • (c) an organisation; or

    • (d) an officer or employee of any department or organisation in his capacity as such an officer or employee or in his capacity as a statutory officer; or

    • (e) an independent contractor engaged by any department or Minister of the Crown or organisation in his capacity as such contractor; or

    • (f) a branch or post, outside New Zealand, of a department or organisation; or

    • (g) an unincorporated body (being a board, council, committee, subcommittee, or other body)—

      • (i) which is established for the purpose of assisting or advising, or performing functions connected with, any department or Minister of the Crown or organisation; and

      • (ii) which is so established in accordance with the provisions of any enactment or by any department or Minister of the Crown or organisation,—

    is entitled to have in its or his possession by virtue of its or his rights as the owner, hirer, lessee, bailee, or custodian of that object

    official information

    • (a) means any information held by—

      • (i) a department; or

      • (ii) a Minister of the Crown in his official capacity; or

      • (iii) an organisation; or

      • (iv) an officer or employee of any department or organisation in his capacity as such an officer or employee or in his capacity as a statutory officer; or

      • (v) an independent contractor engaged by any department or Minister of the Crown or organisation in his capacity as such contractor; and

    • (b) includes any information held outside New Zealand by any branch or post of—

      • (i) a department; or

      • (ii) an organisation; and

    • (c) includes any information held by an unincorporated body (being a board, council, committee, subcommittee, or other body)—

      • (i) which is established for the purpose of assisting or advising, or performing functions connected with, any department or Minister of the Crown or organisation; and

      • (ii) which is so established in accordance with the provisions of any enactment or by any department or Minister of the Crown or organisation

    organisation means—

    • (a) an organisation named in Part 2 of Schedule 1 of the Ombudsmen Act 1975:

    • (b) an organisation named in Schedule 1 of the Official Information Act 1982

    statutory officer means a person—

    • (a) holding or performing the duties of an office established by an enactment; or

    • (b) performing duties expressly conferred on him by virtue of his office by an enactment.

    Section 78A: inserted, on 1 July 1983, by section 2(1) of the Crimes Amendment Act (No 2) 1982 (1982 No 157).

78B Consent of Attorney-General to proceedings in relation to espionage or wrongful communication, retention, or copying of official information
  • (1) No information shall be laid against any person for—

    except with the consent of the Attorney-General:

    provided that a person alleged to have committed any offence mentioned in this subsection may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the laying of an information for the offence has not been obtained, but no further or other proceedings shall be taken until that consent has been obtained.

    (2) The Attorney-General may, before deciding whether or not to give his consent under subsection (1), make such inquiries as he thinks fit.

    Section 78B: inserted, on 1 July 1983, by section 2(1) of the Crimes Amendment Act (No 2) 1982 (1982 No 157).

78C Questions of law in relation to espionage or wrongful communication of information
  • (1) It is a question of law, in the case of—

    whether the communication or delivery or intended communication or intended delivery was or would have been, at the time of the alleged offence, likely to have prejudiced the security or defence of New Zealand.

    (2) It is a question of law, in the case of,—

    whether the document would, by its unauthorised disclosure at the time of the alleged offence, have been likely to have prejudiced or to have prejudiced seriously, as the case may require, the security or defence of New Zealand.

    (3) Where the decision on any question of law to which this section applies depends on any questions of fact, the prosecutor or the accused may adduce, and the Judge may hear, in addition to the evidence heard by the jury, any evidence relevant to those questions of fact.

    Section 78C: inserted, on 1 July 1983, by section 2(1) of the Crimes Amendment Act (No 2) 1982 (1982 No 157).

78D Search without warrant
  • (1) Where a constable who is of or above the level of position of inspector is satisfied that there is reasonable ground for believing—

    • (a) that there is in any building, aircraft, ship, hovercraft, carriage, vehicle, box, receptacle, premises, or place—

      • (i) any thing upon or in respect of which an offence against section 78 has been or is suspected of having been committed; or

      • (ii) any thing which there is reasonable ground to believe will be evidence as to the commission of any such offence; or

      • (iii) any thing which there is reasonable ground to believe is intended to be used for the purpose of committing any such offence; and

    • (b) that the case is one of great emergency and that immediate action is necessary,—

    he may by a written order signed by him give to any constable the like authority that may be given by a search warrant issued under section 198 of the Summary Proceedings Act 1957, and the provisions of that section shall apply accordingly with all necessary modifications.

    (2) Every constable exercising the authority conferred by an order made under subsection (1) shall identify himself to any person in or on the building, aircraft, ship, hovercraft, carriage, vehicle, premises, or place who questions his right to enter and search it, and shall also tell such person that the search is being made pursuant to that subsection. He shall also, if not in uniform and if so required, produce evidence that he is a constable.

    (3) Any constable who is of or above the level of position of inspector who exercises the power conferred by subsection (1) shall, within 3 days after the day on which he exercises the power, furnish to the Commissioner of Police a written report on the exercise of the power and the circumstances in which it came to be exercised.

    Section 78D: inserted, on 1 July 1983, by section 2(1) of the Crimes Amendment Act (No 2) 1982 (1982 No 157).

    Section 78D(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 78D(1): amended, on 1 October 2008, pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).

    Section 78D(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 78D(3): amended, on 1 October 2008, pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).

79 Sabotage
  • (1) Every one is liable to imprisonment for a term not exceeding 10 years who, with intent to prejudice the safety, security, or defence of New Zealand or the safety or security of the armed forces of any other country, lawfully present in New Zealand,—

    • (a) impairs the efficiency or impedes the working of any ship, vehicle, aircraft, arms, munitions, equipment, machinery, apparatus, or atomic or nuclear plant; or

    • (b) damages or destroys any property which it is necessary to keep intact for the safety or health of the public.

    (2) No person shall be convicted of an offence against this section by reason only of the fact that he takes part in any strike or lockout.

    Compare: Criminal Code (1954) s 52 (Canada)

Offence of oath to commit offence

  • Heading: substituted, on 1 January 2008, by section 4 of the Crimes (Repeal of Seditious Offences) Amendment Act 2007 (2007 No 96).

80 Oath to commit offence
  • (1) Every one is liable to imprisonment for a term not exceeding 5 years who—

    • (a) administers or is present at and consenting to the administration of any oath or engagement purporting to bind the person taking the same to commit any offence; or

    • (b) attempts to induce or compel any person to take any such oath or engagement; or

    • (c) takes any such oath or engagement.

    (2) No one who has been acquitted or convicted of any offence against this section is liable to be afterwards tried for treason, or for being accessory after the fact to treason, in respect of the same matter.

    Compare: 1908 No 32 ss 115, 116

81 Seditious offences defined
  • [Repealed]

    Section 81: repealed, on 1 January 2008, by section 5 of the Crimes (Repeal of Seditious Offences) Amendment Act 2007 (2007 No 96).

82 Seditious conspiracy
  • [Repealed]

    Section 82: repealed, on 1 January 2008, by section 5 of the Crimes (Repeal of Seditious Offences) Amendment Act 2007 (2007 No 96).

83 Seditious statements
  • [Repealed]

    Section 83: repealed, on 1 January 2008, by section 5 of the Crimes (Repeal of Seditious Offences) Amendment Act 2007 (2007 No 96).

84 Publication of seditious documents
  • [Repealed]

    Section 84: repealed, on 1 January 2008, by section 5 of the Crimes (Repeal of Seditious Offences) Amendment Act 2007 (2007 No 96).

85 Use of apparatus for making seditious documents or statements
  • [Repealed]

    Section 85: repealed, on 1 January 2008, by section 5 of the Crimes (Repeal of Seditious Offences) Amendment Act 2007 (2007 No 96).

Unlawful assemblies, riots, and breaches of the peace

86 Unlawful assembly
  • (1) An unlawful assembly is an assembly of 3 or more persons who, with intent to carry out any common purpose, assemble in such a manner, or so conduct themselves when assembled, as to cause persons in the neighbourhood of the assembly to fear, on reasonable grounds, that the persons so assembled—

    • (a) will use violence against persons or property in that neighbourhood or elsewhere; or

    • (b) will, by that assembly, needlessly and without reasonable cause provoke other persons to use violence against persons or property in that neighbourhood:

    provided that no one shall be deemed to provoke other persons needlessly and without reasonable cause by doing or saying anything that he is lawfully entitled to do or say.

    (2) Persons lawfully assembled may become an unlawful assembly if, with a common purpose, they conduct themselves in such a manner that their assembling would have been unlawful if they had assembled in that manner for that purpose.

    (3) An assembly of 3 or more persons for the purpose of protecting the house of any one of their number against persons threatening to break and enter that house in order to commit a crime therein is not unlawful.

    (4) Every member of an unlawful assembly is liable to imprisonment for a term not exceeding 1 year.

    Compare: 1908 No 32 s 101

    Section 86(1): substituted, on 1 January 1974, by section 3 of the Crimes Amendment Act 1973 (1973 No 118).

87 Riot
  • (1) A riot is a group of 6 or more persons who, acting together, are using violence against persons or property to the alarm of persons in the neighbourhood of that group.

    (2) Every member of a riot is liable to imprisonment for a term not exceeding 2 years.

    Section 87: substituted, on 12 March 1987, by section 2 of the Crimes Amendment Act 1987 (1987 No 1).

88 Reading the Riot Act
  • [Repealed]

    Section 88: repealed, on 12 March 1987, by section 3 of the Crimes Amendment Act 1987 (1987 No 1).

89 Failure of rioters to disperse
  • [Repealed]

    Section 89: repealed, on 12 March 1987, by section 3 of the Crimes Amendment Act 1987 (1987 No 1).

90 Riotous damage
  • Every one is liable to imprisonment for a term not exceeding 7 years who, being a member of a riot, unlawfully damages any property.

    Section 90: substituted, on 12 March 1987, by section 4 of the Crimes Amendment Act 1987 (1987 No 1).

91 Forcible entry and detainer
  • (1) Every one commits forcible entry when, by force or in a manner that causes or is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, he enters on land that is in the actual and peaceable possession of another for the purpose of taking possession, whether or not he is entitled to enter.

    (2) Every one commits forcible detainer when, being in actual possession of land without claim of right, he detains it, in a manner that causes or is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against another who is entitled by law to possession of the land.

    (3) Whether there was actual possession, or claim of right, is a question of fact.

    (4) Every one who commits forcible entry or forcible detainer is liable to imprisonment for a term not exceeding 1 year.

    Compare: 1908 No 32 s 111

    Section 91(2): amended, on 1 October 2003, by section 6 of the Crimes Amendment Act 2003 (2003 No 39).

    Section 91(3): amended, on 1 October 2003, by section 6 of the Crimes Amendment Act 2003 (2003 No 39).

Piracy

92 Piracy
  • (1) Every one who does any act amounting to piracy by the law of nations, whether that act is done within or outside New Zealand,—

    • (a) shall upon conviction thereof be sentenced to imprisonment for life if, in committing piracy, he murders, attempts to murder, or does any act likely to endanger the life of any person:

    • (b) is liable to imprisonment for a term not exceeding 14 years in any other case.

    (2) Any act that by the law of nations would amount to piracy if it had been done on the high seas on board or in relation to a ship shall be piracy for the purposes of this section if it is done on board or in relation to an aircraft, whether the aircraft is on or above the sea or is on or above the land.

    Compare: 1908 No 32 s 121

93 Piratical acts
  • (1) Every one commits a piratical act who—

    • (a) within New Zealand, or, being a New Zealand citizen or a person ordinarily resident in New Zealand, outside New Zealand, under pretence of any commission from any State other than New Zealand (whether or not that State is at war with New Zealand) or under pretence of authority from any person whatever, commits an act of hostility or robbery:

    • (b) within or outside New Zealand, enters into any New Zealand ship and throws overboard or destroys any goods on board the ship:

    • (c) within or outside New Zealand, on board any New Zealand ship—

      • (i) turns enemy or rebel and piratically runs away with the ship or any boat, weapons, ammunition, or goods; or

      • (ii) voluntarily yields up the ship or any boat, weapons, ammunition, or goods to any pirate; or

      • (iii) counsels or procures any person to yield up or run away with any ship, goods, or merchandise, or to turn pirate or go over to pirates; or

      • (iv) assaults the master or commander of any ship in order to prevent him from fighting in defence of his ship and goods; or

      • (v) imprisons or restrains the master or commander of any ship; or

      • (vi) makes or endeavours to make a revolt in the ship.

    (2) Subsection (1) shall extend and apply to aircraft as it applies to ships; and for the purposes of this subsection any reference in subsection (1) to the master or commander of any ship shall be read as a reference to the pilot in command of an aircraft.

    Compare: 1908 No 32 s 122

94 Punishment of piratical acts
  • Every one who commits any piratical act—

    • (a) shall upon conviction thereof be sentenced to imprisonment for life if, in committing that act, he murders, attempts to murder, or does any act likely to endanger the life of any person:

    • (b) is liable to imprisonment for a term not exceeding 14 years in any other case.

    Compare: 1908 No 32 ss 122, 123

95 Attempts to commit piracy
  • Every one is liable to imprisonment for a term not exceeding 14 years who, within or outside New Zealand, attempts to do any act amounting to piracy by the law of nations.

96 Conspiring to commit piracy
  • Every one is liable to imprisonment for a term not exceeding 10 years who, within or outside New Zealand, conspires with any other person to do any act amounting to piracy by the law of nations.

97 Accessory after the fact to piracy
  • Every one is liable to imprisonment for a term not exceeding 7 years who, within or outside New Zealand, is accessory after the fact to any act amounting to piracy by the law of nations.

Slave dealing

98 Dealing in slaves
  • (1) Every one is liable to imprisonment for a term not exceeding 14 years who, within or outside New Zealand,—

    • (a) sells, purchases, transfers, barters, lets, hires, or in any way whatsoever deals with any person as a slave; or

    • (b) employs or uses any person as a slave, or permits any person to be so employed or used; or

    • (c) detains, confines, imprisons, carries away, removes, receives, transports, imports, or brings into any place whatsoever any person as a slave or to be dealt with as a slave; or

    • (d) induces any person to sell, let, or give himself, or any other person dependent on him or in his charge, as a slave; or

    • (e) in any case not covered by paragraph (d), induces any person to sell, let, or give any other person into debt-bondage or serfdom; or

    • (f) builds, fits out, sells, purchases, transfers, lets, hires, uses, provides with personnel, navigates, or serves on board any ship or aircraft for any of the purposes in paragraphs (a) to (e); or

    • (g) for gain or reward gives in marriage or transfers any woman to another person without her consent; or

    • (h) is a party to the inheritance by any person of a woman on the death of her husband; or

    • (i) being a parent or guardian of any child under the age of 18 years, delivers that child to another person with intent that the child or his labour shall be exploited; or

    • (j) agrees or offers to do any of the acts mentioned in this subsection.

    (2) For the purposes of this section—

    debt-bondage means the status or condition arising from a pledge by a debtor of his personal services, or of the personal services of any person under his control, as security for a debt, if the value of those services, as reasonably assessed, is not applied towards the liquidation of the debt or if the length and nature of those services are not limited and defined

    serfdom means the status or condition of a tenant who is by any law, custom, or agreement bound to live and labour on land belonging to another person and to render some determinate service to that other person, whether for reward or not, and who is not free to change that status or condition

    slave includes, without limitation, a person subject to debt-bondage or serfdom.

    Compare: Slave Trade Act 1824 ss 2, 3, 10 (UK); Slave Trade Act 1843 s 1 (UK)

    Section 98(1)(e): substituted, on 4 April 2001, by section 3(1) of the Crimes Amendment Act 2001 (2001 No 9).

    Section 98(1)(f): substituted, on 4 April 2001, by section 3(1) of the Crimes Amendment Act 2001 (2001 No 9).

    Section 98(2) slave: added, on 4 April 2001, by section 3(2) of the Crimes Amendment Act 2001 (2001 No 9).

98AA Dealing in people under 18 for sexual exploitation, removal of body parts, or engagement in forced labour
  • (1) Every one is liable to imprisonment for a term not exceeding 14 years who—

    • (a) sells, buys, transfers, barters, rents, hires, or in any other way enters into a dealing involving a person under the age of 18 years for the purpose of—

      • (i) the sexual exploitation of the person; or

      • (ii) the removal of body parts from the person; or

      • (iii) the engagement of the person in forced labour; or

    • (b) engages a person under the age of 18 years in forced labour; or

    • (c) permits a person under the age of 18 years to be engaged in forced labour; or

    • (d) detains, confines, imprisons, or carries away a person under the age of 18 years for the purpose of—

      • (i) the sexual exploitation of the person; or

      • (ii) the removal of body parts from the person; or

      • (iii) the engagement of the person in forced labour; or

    • (e) removes, receives, transports, imports, or brings into any place a person under the age of 18 years for the purpose of—

      • (i) the sexual exploitation of the person; or

      • (ii) the removal of body parts from the person for a material benefit; or

      • (iii) the engagement of the person in forced labour; or

    • (f) induces a person under the age of 18 years to sell, rent, or give himself or herself for the purpose of—

      • (i) the sexual exploitation of the person; or

      • (ii) the removal of body parts from the person for a material benefit; or

      • (iii) the engagement of the person in forced labour; or

    • (g) induces a person to sell, rent, or give another person (being a person who is under the age of 18 years and who is dependent on him or her or in his or her charge) for the purpose of—

      • (i) the sexual exploitation of the other person; or

      • (ii) the removal of body parts from the other person; or

      • (iii) the engagement of the other person in forced labour; or

    • (h) builds, fits out, sells, buys, transfers, rents, hires, uses, provides with personnel, navigates, or serves on board a ship, aircraft, or other vehicle for the purpose of doing an act stated in any of paragraphs (a) to (g); or

    • (i) agrees or offers to do an act stated in any of paragraphs (a) to (h).

    (2) It is a defence to a charge under this section if the person charged proves that he or she believed on reasonable grounds that the person under the age of 18 years concerned was of or over the age of 18 years.

    (3) For the purposes of subsection (1), sexual exploitation, in relation to a person, includes the following acts:

    • (a) the taking by any means, or transmission by any means, of still or moving images of the person engaged in explicit sexual activities (whether real or simulated):

    • (b) the taking by any means or transmission by any means, for a material benefit, of still or moving images of the person's genitalia, anus, or breasts (not being an act described in subsection (4) or subsection (5)):

    • (c) the person's participation in a performance or display (not being an act described in subsection (4)) that—

      • (i) is undertaken for a material benefit; and

      • (ii) involves the exposure of the person's genitalia, anus, or breasts:

    • (d) the person's undertaking of an activity (for example, employment in a restaurant) that—

      • (i) is undertaken for a material benefit; and

      • (ii) involves the exposure of the person's genitalia, anus, or breasts.

    (4) For the purposes of paragraphs (b) and (c) of subsection (3), sexual exploitation, in relation to a person, does not include the recording or transmission of an artistic or cultural performance or display honestly undertaken primarily for purposes other than the exposure of body parts for the sexual gratification of viewers.

    (5) For the purposes of subsection (3)(b), sexual exploitation, in relation to a person, does not include the taking or transmission of images of the person's genitalia, anus, or breasts for the purpose of depicting a medical condition, or a surgical or medical technique, for the instruction or information of health professionals.

    (6) For the purposes of subsection (3)(b), sexual exploitation, in relation to a person, does not include the taking or transmission of images of the person's genitalia, anus, or breasts if the images are honestly intended—

    • (a) to provide medical or health education; or

    • (b) to provide information relating to medical or health matters; or

    • (c) to advertise a product, instrument, or service intended to be used for medical or health purposes.

    (7) The person under the age of 18 years in respect of whom an offence against this section was committed cannot be charged as a party to the offence.

    (8) This section does not limit or affect the generality of section 98.

    Section 98AA: inserted, on 14 June 2006, by section 6 of the Crimes Amendment Act 2005 (2005 No 41).

Participation in criminal gang

  • Heading: inserted, on 1 January 1998, by section 2 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

98A Participation in organised criminal group
  • (1) Every one is liable to imprisonment for a term not exceeding 5 years who participates (whether as a member or an associate member or prospective member) in an organised criminal group, knowing that it is an organised criminal group, and—

    • (a) knowing that his or her participation contributes to the occurrence of criminal activity; or

    • (b) reckless as to whether his or her participation may contribute to the occurrence of criminal activity.

    (2) For the purposes of this Act, a group is an organised criminal group if it is a group of 3 or more people who have as their objective or one of their objectives—

    • (a) obtaining material benefits from the commission of offences that are punishable by imprisonment for a term of 4 years or more; or

    • (b) obtaining material benefits from conduct outside New Zealand that, if it occurred in New Zealand, would constitute the commission of offences that are punishable by imprisonment for a term of 4 years or more; or

    • (c) the commission of serious violent offences (within the meaning of section 312A(1)) that are punishable by imprisonment for a term of 10 years or more; or

    • (d) conduct outside New Zealand that, if it occurred in New Zealand, would constitute the commission of serious violent offences (within the meaning of section 312A(1)) that are punishable by imprisonment for a term of 10 years or more.

    (3) A group of people is capable of being an organised criminal group for the purposes of this Act whether or not—

    • (a) some of them are subordinates or employees of others; or

    • (b) only some of the people involved in it at a particular time are involved in the planning, arrangement, or execution at that time of any particular action, activity, or transaction; or

    • (c) its membership changes from time to time.

    Section 98A: substituted, on 18 June 2002, by section 5 of the Crimes Amendment Act 2002 (2002 No 20).

Smuggling and trafficking in people

  • Heading: inserted, on 18 June 2002, by section 5 of the Crimes Amendment Act 2002 (2002 No 20).

98B Terms used in sections 98C to 98F
  • In sections 98C to 98F, unless the context otherwise requires,—

    act of coercion against the person includes—

    • (a) abducting the person:

    • (b) using force in respect of the person:

    • (c) harming the person:

    • (d) threatening the person (expressly or by implication) with the use of force in respect of, or the harming of, the person or some other person

    act of deception includes fraudulent action

    arranges for an unauthorised migrant to be brought to a State includes—

    • (a) organises or procures the bringing to a State:

    • (b) recruits for bringing to a State:

    • (c) carries to a State

    arranges for an unauthorised migrant to enter a State includes—

    • (a) organises or procures the entry into a State:

    • (b) recruits for entry into a State:

    • (c) carries into a State

    document includes a thing that is or is intended to be—

    • (a) attached to a document; or

    • (b) stamped or otherwise signified on a document

    harming of a person means causing harm of any kind to the person; and (in particular) includes—

    • (a) causing physical, psychological, or financial harm to the person:

    • (b) sexually mistreating the person:

    • (c) causing harm to the person's reputation, status, or prospects

    unauthorised migrant, in relation to a State, means a person who is neither a citizen of the State nor in possession of all the documents required by or under the law of the State for the person's lawful entry into the State.

    Section 98B: inserted, on 18 June 2002, by section 5 of the Crimes Amendment Act 2002 (2002 No 20).

    Section 98B for a material benefit: repealed, on 20 May 2005, by section 3(3) of the Crimes Amendment Act 2005 (2005 No 41).

98C Smuggling migrants
  • (1) Every one is liable to the penalty stated in subsection (3) who arranges for an unauthorised migrant to enter New Zealand or any other State, if he or she—

    • (a) does so for a material benefit; and

    • (b) either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant.

    (2) Every one is liable to the penalty stated in subsection (3) who arranges for an unauthorised migrant to be brought to New Zealand or any other State, if he or she—

    • (a) does so for a material benefit; and

    • (b) either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant; and

    • (c) either—

      • (i) knows that the person intends to try to enter the State; or

      • (ii) is reckless as to whether the person intends to try to enter the State.

    (3) The penalty is imprisonment for a term not exceeding 20 years, a fine not exceeding $500,000, or both.

    (4) Proceedings may be brought under subsection (1) even if the unauthorised migrant did not in fact enter the State concerned.

    (5) Proceedings may be brought under subsection (2) even if the unauthorised migrant was not in fact brought to the State concerned.

    Section 98C: inserted, on 18 June 2002, by section 5 of the Crimes Amendment Act 2002 (2002 No 20).

98D Trafficking in people by means of coercion or deception
  • (1) Every one is liable to the penalty stated in subsection (2) who—

    • (a) arranges the entry of a person into New Zealand or any other State by 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both; or

    • (b) arranges, organises, or procures the reception, concealment, or harbouring in New Zealand or any other State of a person, knowing that the person's entry into New Zealand or that State was arranged by 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both.

    (2) The penalty is imprisonment for a term not exceeding 20 years, a fine not exceeding $500,000, or both.

    (3) Proceedings may be brought under this section even if the person coerced or deceived—

    • (a) did not in fact enter the State concerned; or (as the case may be)

    • (b) was not in fact received, concealed, or harboured in the State concerned.

    (4) Proceedings may be brought under this section even if parts of the process by which the person coerced or deceived was brought or came to or towards the State concerned were accomplished without an act of coercion or deception.

    Section 98D: inserted, on 18 June 2002, by section 5 of the Crimes Amendment Act 2002 (2002 No 20).

98E Aggravating factors
  • (1) When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98C or section 98D, a court must take into account—

    • (a) whether bodily harm or death (whether to or of a person in respect of whom the offence was committed or some other person) occurred during the commission of the offence:

    • (b) whether the offence was committed for the benefit of, at the direction of, or in association with, an organised criminal group (within the meaning of section 98A(2)):

    • (c) whether a person in respect of whom the offence was committed was subjected to inhuman or degrading treatment as a result of the commission of the offence:

    • (d) if during the proceedings concerned the person was convicted of the same offence in respect of 2 or more people, the number of people in respect of whom the offence was committed.

    (2) When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98D, a court must also take into account—

    • (a) whether a person in respect of whom the offence was committed was subjected to exploitation (for example, sexual exploitation, a requirement to undertake forced labour, or the removal of organs) as a result of the commission of the offence:

    • (b) the age of the person in respect of whom the offence was committed and, in particular, whether the person was under the age of 18 years:

    • (c) whether the person convicted committed the offence, or took actions that were part of it, for a material benefit.

    (3) The examples in paragraph (a) of subsection (2) do not limit the generality of that paragraph.

    (4) This section does not limit the matters that a court may take into account when determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98C or section 98D.

    Section 98E: inserted, on 18 June 2002, by section 5 of the Crimes Amendment Act 2002 (2002 No 20).

98F Attorney-General's consent to prosecutions required
  • (1) Proceedings for an offence against section 98C or section 98D cannot be brought in a New Zealand court without the Attorney-General's consent.

    (2) A person alleged to have committed an offence against section 98C or section 98D may be arrested, or a warrant for the person's arrest may be issued and executed, and the person be remanded in custody or on bail, even though the Attorney-General's consent to the bringing of proceedings against the person has not been obtained.

    Section 98F: inserted, on 18 June 2002, by section 5 of the Crimes Amendment Act 2002 (2002 No 20).

Part 6
Crimes affecting the administration of law and justice

Bribery and corruption

99 Interpretation
  • In this Part, unless the context otherwise requires,—

    bribe means any money, valuable consideration, office, or employment, or any benefit, whether direct or indirect

    judicial officer means a Judge of any court, or a District Court Judge, Coroner, Justice of the Peace, or Community Magistrate, or any other person holding any judicial office, or any person who is a member of any tribunal authorised by law to take evidence on oath

    law enforcement officer means any constable, or any person employed in the detection or prosecution or punishment of offenders

    official means any person in the service of Her Majesty in right of New Zealand (whether that service is honorary or not, and whether it is within or outside New Zealand), or any member or employee of any local authority or public body, or any person employed in the education service within the meaning of the State Sector Act 1988.

    Compare: 1908 No 32 ss 126, 127

    Section 99 judicial officer: amended, on 30 June 1998, by section 4 of the Crimes Amendment Act (No 2) 1998 (1998 No 79).

    Section 99 judicial officer: amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

    Section 99 official: amended, on 3 May 1997, by section 4 of the State Sector Amendment Act 1997 (1997 No 8).

100 Judicial corruption
  • (1) Every judicial officer is liable to imprisonment for a term not exceeding 14 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his judicial capacity.

    (2) Every judicial officer, and every Registrar or Deputy Registrar of any court, is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his official capacity, not being an act or omission to which subsection (1) applies.

    Compare: 1908 No 32 ss 126(a), 127(a)

101 Bribery of judicial officer, etc
  • (1) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any judicial officer in respect of any act or omission by him in his judicial capacity.

    (2) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any judicial officer or any Registrar or Deputy Registrar of any court in respect of any act or omission by him in his official capacity, not being an act or omission to which subsection (1) applies.

    Compare: 1908 No 32 ss 126(b), 127(b)

    Section 101(2): amended, on 3 May 2001, by section 4 of the Crimes (Bribery of Foreign Public Officials) Amendment Act 2001 (2001 No 28).

102 Corruption and bribery of Minister of the Crown
  • (1) Every Minister of the Crown or member of the Executive Council is liable to imprisonment for a term not exceeding 14 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his capacity as a Minister or member of the Executive Council.

    (2) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any Minister of the Crown or member of the Executive Council in respect of any act or omission by him in his capacity as a Minister or member of the Executive Council.

    (3) No one shall be prosecuted for an offence against this section without the leave of a Judge of the High Court. Notice of the intention to apply for such leave shall be given to the person whom it is intended to prosecute, and he shall have an opportunity of being heard against the application.

    Compare: 1908 No 32 ss 128, 362; Criminal Code (1954) s 100 (Canada)

    Section 102(3): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

103 Corruption and bribery of member of Parliament
  • (1) Every member of Parliament is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his capacity as a member of Parliament.

    (2) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any member of Parliament in respect of any act or omission by him in his capacity as a member of Parliament.

    (3) No one shall be prosecuted for an offence against this section without the leave of a Judge of the High Court. Notice of the intention to apply for such leave shall be given to the person whom it is intended to prosecute, and he shall have an opportunity of being heard against the application.

    Compare: 1908 No 32 ss 128, 362; Criminal Code (1954) s 100 (Canada)

    Section 103(2): amended, on 3 May 2001, by section 5 of the Crimes (Bribery of Foreign Public Officials) Amendment Act 2001 (2001 No 28).

    Section 103(3): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

104 Corruption and bribery of law enforcement officer
  • (1) Every law enforcement officer is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his official capacity.

    (2) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any law enforcement officer in respect of any act or omission by him in his official capacity.

    Compare: 1908 No 32 s 127

    Section 104(2): amended, on 3 May 2001, by section 6 of the Crimes (Bribery of Foreign Public Officials) Amendment Act 2001 (2001 No 28).

105 Corruption and bribery of official
  • (1) Every official is liable to imprisonment for a term not exceeding 7 years who, whether within New Zealand or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his official capacity.

    (2) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any official in respect of any act or omission by him in his official capacity.

    Compare: Criminal Code (1954) s 102 (Canada)

    Section 105(2): amended, on 3 May 2001, by section 7 of the Crimes (Bribery of Foreign Public Officials) Amendment Act 2001 (2001 No 28).

105A Corrupt use of official information
  • Every official is liable to imprisonment for a term not exceeding 7 years who, whether within New Zealand or elsewhere, corruptly uses or discloses any information, acquired by him in his official capacity, to obtain, directly or indirectly, an advantage or a pecuniary gain for himself or any other person.

    Section 105A: inserted, on 1 July 1983, by section 3(1) of the Crimes Amendment Act (No 2) 1982 (1982 No 157).

    Section 105A: amended, on 1 July 1993, by section 2 of the Crimes Amendment Act 1993 (1993 No 33).

105B Use or disclosure of personal information disclosed in breach of section 105A
  • (1) Every person is liable to imprisonment for a term not exceeding 7 years who,—

    • (a) having received personal information (being information that comes into that person's possession as a result of the commission of an offence against section 105A); and

    • (b) knowing that the information has been disclosed in contravention of that section,—

    uses or discloses that information to obtain, directly or indirectly, an advantage or pecuniary gain for that person or any other person.

    (2) It is a defence to a charge under this section if the person charged proves that the person was legally authorised to use or disclose the information.

    (3) In this section, the term personal information means any information about an identifiable natural person, including a deceased natural person.

    Section 105B: inserted, on 1 July 1993, by section 3(1) of the Crimes Amendment Act 1993 (1993 No 33).

105C Bribery of foreign public official
  • (1) In this section and in sections 105D and 105E,—

    benefit means any money, valuable consideration, office, or employment, or any benefit, whether direct or indirect

    foreign country includes—

    • (a) a territory for whose international relations the government of a foreign country is responsible; and

    • (b) an organised foreign area or entity including an autonomous territory or a separate customs territory

    foreign government includes all levels and subdivisions of government, such as local, regional, and national government

    foreign public agency means any person or body, wherever situated, that carries out a public function under the laws of a foreign country

    foreign public enterprise means—

    • (a) a company, wherever incorporated, that—

      • (i) a foreign government is able to control or dominate (whether by reason of its ownership of shares in the company, its voting powers in the company, or its ability to appoint 1 or more directors (however described), or by reason that the directors (however described) are accustomed or under an obligation to act in accordance with the directions of that government, or otherwise); and

      • (ii) enjoys subsidies or other privileges that are enjoyed only by companies, persons, or bodies to which subparagraph (i) or paragraph (b)(i) apply; or

    • (b) a person or body (other than a company), wherever situated, that—

      • (i) a foreign government is able to control or dominate (whether by reason of its ability to appoint the person or 1 or more members of the body, or by reason that the person or members of the body are accustomed or under an obligation to act in accordance with the directions of that government, or otherwise); and

      • (ii) enjoys subsidies or other privileges that are enjoyed only by companies, persons, or bodies to which subparagraph (i) or paragraph (a)(i) apply

    foreign public official includes any of the following:

    • (a) a member or officer of the executive, judiciary, or legislature of a foreign country:

    • (b) a person who is employed by a foreign government, foreign public agency, foreign public enterprise, or public international organisation:

    • (c) a person, while acting in the service of or purporting to act in the service of a foreign government, foreign public agency, foreign public enterprise, or public international organisation

    public international organisation means any of the following organisations, wherever situated:

    • (a) an organisation of which 2 or more countries or 2 or more governments are members, or represented on the organisation:

    • (b) an organisation constituted by an organisation to which paragraph (a) applies or by persons representing 2 or more such organisations:

    • (c) an organisation constituted by persons representing 2 or more countries or 2 or more governments:

    • (d) an organisation that is part of an organisation referred to in any of paragraphs (a) to (c)

    routine government action, in relation to the performance of any action by a foreign public official, does not include—

    • (a) any decision about—

      • (i) whether to award new business; or

      • (ii) whether to continue existing business with any particular person or body; or

      • (iii) the terms of new business or existing business; or

    • (b) any action that is outside the scope of the ordinary duties of that official.

    (2) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give a bribe to a person with intent to influence a foreign public official in respect of any act or omission by that official in his or her official capacity (whether or not the act or omission is within the scope of the official's authority) in order to—

    • (a) obtain or retain business; or

    • (b) obtain any improper advantage in the conduct of business.

    (3) This section does not apply if—

    • (a) the act that is alleged to constitute the offence was committed for the sole or primary purpose of ensuring or expediting the performance by a foreign public official of a routine government action; and

    • (b) the value of the benefit is small.

    (4) This section is subject to section 105E.

    Section 105C: inserted, on 3 May 2001, by section 8 of the Crimes (Bribery of Foreign Public Officials) Amendment Act 2001 (2001 No 28).

105D Bribery outside New Zealand of foreign public official
  • (1) Every one commits an offence who, being a person described in subsection (2), does, outside New Zealand, any act that would, if done in New Zealand, constitute an offence against section 105C.

    (2) Subsection (1) applies to a person who is—

    • (a) a New Zealand citizen; or

    • (b) ordinarily resident in New Zealand; or

    • (c) a body corporate incorporated in New Zealand; or

    • (d) a corporation sole incorporated in New Zealand.

    (3) Every one who commits an offence against this section is liable to the same penalty to which the person would have been liable if the person had been convicted of an offence against section 105C.

    (4) This section is subject to section 105E.

    Section 105D: inserted, on 3 May 2001, by section 8 of the Crimes (Bribery of Foreign Public Officials) Amendment Act 2001 (2001 No 28).

105E Exception for acts lawful in country of foreign public official
  • (1) Sections 105C and 105D do not apply if the act that is alleged to constitute an offence under either of those sections—

    • (a) was done outside New Zealand; and

    • (b) was not, at the time of its commission, an offence under the laws of the foreign country in which the principal office of the person, organisation, or other body for whom the foreign public official is employed or otherwise provides services, is situated.

    (2) If a person is charged with an offence under section 105C or section 105D, it is to be presumed, unless the person charged puts the matter at issue, that the act was an offence under the laws of the foreign country referred to in subsection (1)(b).

    Section 105E: inserted, on 3 May 2001, by section 8 of the Crimes (Bribery of Foreign Public Officials) Amendment Act 2001 (2001 No 28).

106 Restrictions on prosecution
  • (1) No one shall be prosecuted for an offence against any of the provisions of sections 100, 101, 104, 105, 105A, 105B, 105C, and 105D without the leave of the Attorney-General, who before giving leave may make such inquiries as he thinks fit.

    (2) No Judge who holds his office subject to a power of removal by Her Majesty on an address of the House of Representatives shall be prosecuted for any such offence except by the Attorney-General in pursuance of a resolution of that House.

    Compare: 1908 No 32 s 361

    Section 106(1): amended, on 3 May 2001, by section 9 of the Crimes (Bribery of Foreign Public Officials) Amendment Act 2001 (2001 No 28).

    Section 106(1): amended, on 1 July 1993, by section 3(2) of the Crimes Amendment Act 1993 (1993 No 33).

    Section 106(1): amended, on 1 July 1983, by section 3(2) of the Crimes Amendment Act (No 2) 1982 (1982 No 157).

Contravention of statute

107 Contravention of statute
  • (1) Every one is liable to imprisonment for a term not exceeding 1 year who, without lawful excuse, contravenes any enactment by wilfully doing any act which it forbids, or by wilfully omitting to do any act which it requires to be done, unless—

    • (a) some penalty or punishment is expressly provided by law in respect of such contravention as aforesaid; or

    • (b) in the case of any such contravention in respect of which no penalty or punishment is so provided, the act forbidden or required to be done is solely of an administrative or a ministerial or procedural nature, or it is otherwise inconsistent with the intent and object of the enactment, or with its context, that the contravention should be regarded as an offence.

    (2) Nothing in subsection (1) applies to any contravention of any Imperial enactment or Imperial subordinate legislation that is part of the laws of New Zealand, or to any omission to do any act which any such Imperial enactment or Imperial subordinate legislation requires to be done.

    (3) In subsection (2), the terms Imperial enactment and Imperial subordinate legislation have the meanings given to them by section 2 of the Imperial Laws Application Act 1988.

    Compare: 1908 No 32 s 129

    Section 107(2): added, on 1 January 1989, by section 2 of the Crimes Amendment Act 1988 (1988 No 114).

    Section 107(3): added, on 1 January 1989, by section 2 of the Crimes Amendment Act 1988 (1988 No 114).

Misleading justice

108 Perjury defined
  • (1) Perjury is an assertion as to a matter of fact, opinion, belief, or knowledge made by a witness in a judicial proceeding as part of his evidence on oath, whether the evidence is given in open court or by affidavit or otherwise, that assertion being known to the witness to be false and being intended by him to mislead the tribunal holding the proceeding.

    (2) In this section the term oath includes an affirmation, and also includes a declaration made under section 13 of the Oaths and Declarations Act 1957.

    (3) Every person is a witness within the meaning of this section who actually gives evidence, whether he is competent to be a witness or not, and whether his evidence is admissible or not.

    (4) Every proceeding is judicial within the meaning of this section if it is held before any of the following tribunals, namely:

    • (a) any court of justice:

    • (b) the House of Representatives or any Committee of that House:

    • (c) any arbitrator or umpire, or any person or body of persons authorised by law to make an inquiry and take evidence therein upon oath:

    • (d) any legal tribunal by which any legal right or liability can be established:

    • (e) any person acting as a court or tribunal having power to hold a judicial proceeding:

    (5) Every such proceeding is judicial within the meaning of this section whether the tribunal was duly constituted or appointed or not, and whether the proceeding was duly instituted or not, and whether the proceeding was invalid or not.

    Compare: 1908 No 32 s 130

    Section 108(4)(f): substituted, on 1 July 2009, by section 81 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

109 Punishment of perjury
  • (1) Except as provided in subsection (2), every one is liable to imprisonment for a term not exceeding 7 years who commits perjury.

    (2) If perjury is committed in order to procure the conviction of a person for any offence for which the maximum punishment is not less than 3 years' imprisonment, the punishment may be imprisonment for a term not exceeding 14 years.

    Compare: 1908 No 32 s 131

    Section 109(2): amended, on 26 December 1989, by section 3(3) of the Abolition of the Death Penalty Act 1989 (1989 No 119).

110 False oaths
  • Every one is liable to imprisonment for a term not exceeding 5 years who, being required or authorised by law to make any statement on oath or affirmation, thereupon makes a statement that would amount to perjury if made in a judicial proceeding.

    Compare: 1908 No 32 s 132

111 False statements or declarations
  • Every one is liable to imprisonment for a term not exceeding 3 years who, on any occasion on which he is required or permitted by law to make any statement or declaration before any officer or person authorised by law to take or receive it, or before any notary public to be certified by him as such notary, makes a statement or declaration that would amount to perjury if made on oath in a judicial proceeding.

    Compare: 1908 No 32 s 133

112 Evidence of perjury, false oath, or false statement
  • No one shall be convicted of perjury, or of any offence against section 110 or section 111, on the evidence of 1 witness only, unless the evidence of that witness is corroborated in some material particular by evidence implicating the accused.

    Compare: 1908 No 32 s 134; Criminal Code (1954) s 115 (Canada)

113 Fabricating evidence
  • Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to mislead any tribunal holding any judicial proceeding to which section 108 applies, fabricates evidence by any means other than perjury.

    Compare: 1908 No 32 s 135

114 Use of purported affidavit or declaration
  • Every one is liable to imprisonment for a term not exceeding 3 years who—

    • (a) signs a writing that purports to be an affidavit sworn before him or a statutory declaration taken by him, when the writing was not so sworn or taken, or when he knows that he has no authority to administer that oath or take that declaration; or

    • (b) uses or offers for use any writing purporting to be an affidavit or statutory declaration that he knows was not sworn or made, as the case may be, by the deponent or before a person authorised to administer that oath or take that declaration.

    Compare: Criminal Code (1954) s 118 (Canada)

115 Conspiring to bring false accusation
  • Every one who conspires to prosecute any person for any alleged offence, knowing that person to be innocent thereof, is liable—

    • (a) to imprisonment for a term not exceeding 14 years if that person might, on conviction of the alleged offence, be sentenced to preventive detention, or to imprisonment for a term of 3 years or more:

    • (b) to imprisonment for a term not exceeding 7 years if that person might, on conviction of the alleged offence, be sentenced to imprisonment for a term less than 3 years.

    Compare: 1908 No 32 s 136

    Section 115(a): amended, on 26 December 1989, by section 3(4) of the Abolition of the Death Penalty Act 1989 (1989 No 119).

116 Conspiring to defeat justice
  • Every one is liable to imprisonment for a term not exceeding 7 years who conspires to obstruct, prevent, pervert, or defeat the course of justice in New Zealand or the course of justice in an overseas jurisdiction.

    Compare: 1908 No 32 s 137

    Section 116: amended, on 18 June 2002, by section 6(1) of the Crimes Amendment Act 2002 (2002 No 20).

117 Corrupting juries and witnesses
  • Every one is liable to imprisonment for a term not exceeding 7 years who—

    • (a) dissuades or attempts to dissuade a person, by threats, bribes, or other corrupt means, from giving evidence in any cause or matter (whether civil or criminal, and whether tried or to be tried in New Zealand or in an overseas jurisdiction); or

    • (b) influences or attempts to influence, by threats or bribes or other corrupt means, a member of a jury in his or her conduct as such (whether in a cause or matter tried or to be tried in New Zealand or in an overseas jurisdiction, and whether the member has been sworn as a member of a particular jury or not); or

    • (c) accepts any bribe or other corrupt consideration to abstain from giving evidence (whether in a cause or matter tried or to be tried in New Zealand or in an overseas jurisdiction); or

    • (d) accepts any bribe or other corrupt consideration on account of his or her conduct as a member of a jury (whether in a cause or matter tried or to be tried in New Zealand or in an overseas jurisdiction, and whether the member has been sworn as a member of a particular jury or not); or

    • (e) wilfully attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice in New Zealand or the course of justice in an overseas jurisdiction.

    Section 117: substituted, on 18 June 2002, by section 7(1) of the Crimes Amendment Act 2002 (2002 No 20).

Escapes and rescues

118 Assisting escape of prisoners of war or internees
  • Every one is liable to imprisonment for a term not exceeding 7 years who knowingly and wilfully—

    • (a) assists any prisoner of war detained in New Zealand, or any person interned in New Zealand, to escape from any place in which he is for the time being detained; or

    • (b) assists any such prisoner or person as aforesaid, suffered to be at large on his parole in New Zealand, to escape from the place where he is at large on his parole.

    Compare: 1908 No 32 s 140

119 Breaking prison
  • Every one is liable to imprisonment for a term not exceeding 7 years who by force or violence breaks any prison, with intent to set at liberty himself or any other person detained therein.

    Compare: 1908 No 32 s 141; 1954 No 51 Schedule 1

    Section 119 heading: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 119: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

120 Escape from lawful custody
  • (1) Every one is liable to imprisonment for a term not exceeding 5 years who,—

    • (a) having been convicted of an offence, escapes from any lawful custody in which he may be under the conviction; or

    • (b) whether convicted or not, escapes from any prison in which he is lawfully detained; or

    • (ba) being subject to an order or direction made under any of sections 38, 42, and 44 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 or section 184T(3) of the Summary Proceedings Act 1957, escapes from the place in which he or she is required to stay under the order; or

    • (c) being in lawful custody otherwise than aforesaid, escapes from such custody.

    (2) For the purposes of this section, custody under an illegal warrant or other irregular process shall be deemed to be lawful.

    Compare: 1908 No 32 ss 142, 143, 147(2); 1954 No 51 Schedule 1

    Section 120(1)(b): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 120(1)(ba): substituted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

    Section 120(1)(ba): amended, on 29 June 2009, by section 18 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

121 Assisting escape from lawful custody
  • (1) Every one is liable to imprisonment for a term not exceeding 7 years who—

    • (a) rescues any person from lawful custody, whether in a prison or not; or

    • (b) assists any person in escaping or attempting to escape from lawful custody, whether in a prison or not; or

    • (c) with intent to facilitate the escape of any person lawfully detained in a prison, conveys or causes to be conveyed into any prison any thing whatever.

    (2) Every one is liable to imprisonment for a term not exceeding 7 years who—

    • (a) being a constable who has any person in his lawful custody, voluntarily and intentionally permits that person to escape from such custody:

    • (aa) being a security officer (within the meaning of section 3(1) of the Corrections Act 2004) in whose custody any person is lawfully detained, voluntarily and intentionally permits that person to escape from such custody:

    • (b) being an officer of a prison in which any person is lawfully detained, voluntarily and intentionally permits that person to escape from the prison.

    (3) Every one is liable to imprisonment for a term not exceeding 1 year who, by failing to perform any legal duty, permits any person in his lawful custody to escape.

    (4) For the purposes of this section, custody under an irregular warrant or other irregular process shall be deemed to be lawful.

    Compare: 1908 No 32 ss 144, 145, 146, 147, 149; 1954 No 51 Schedule 1

    Section 121(1)(a): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 121(1)(b): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 121(1)(c): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 121(2)(aa): inserted, on 1 March 1995, by section 27(1) of the Penal Institutions Amendment Act 1994 (1994 No 120).

    Section 121(2)(aa): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 121(2)(b): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

122 Assisting escape of mentally impaired person detained for offence
  • Every one is liable to imprisonment for a term not exceeding 5 years who—

    • (b) being a constable, an officer of a prison, a security officer within the meaning of section 3(1) of the Corrections Act 2004, or an officer of or employee in any hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992, or a secure facility within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, and who has in his or her custody any person lawfully detained as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or as a special care recipient under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, voluntarily and intentionally permits that person to escape from custody, whether while the person is being taken to or from any of the places specified in paragraph (a) or otherwise.

    Section 122: substituted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

    Section 122(b): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Part 7
Crimes against religion, morality, and public welfare

Crime against religion

123 Blasphemous libel
  • (1) Every one is liable to imprisonment for a term not exceeding 1 year who publishes any blasphemous libel.

    (2) Whether any particular published matter is or is not a blasphemous libel is a question of fact.

    (3) It is not an offence against this section to express in good faith and in decent language, or to attempt to establish by arguments used in good faith and conveyed in decent language, any opinion whatever on any religious subject.

    (4) No one shall be prosecuted for an offence against this section without the leave of the Attorney-General, who before giving leave may make such inquiries as he thinks fit.

    Compare: 1908 No 32 s 150

Crimes against morality and decency

124 Distribution or exhibition of indecent matter
  • (1) Every one is liable to imprisonment for a term not exceeding 2 years who, without lawful justification or excuse,—

    • (a) sells, exposes for sale, or otherwise distributes to the public any indecent model or object; or

    • (b) exhibits or presents in or within view of any place to which the public have or are permitted to have access any indecent object or indecent show or performance; or

    • (c) exhibits or presents in the presence of any person in consideration or expectation of any payment or otherwise for gain, any indecent show or performance.

    (2) It is a defence to a charge under this section to prove that the public good was served by the acts alleged to have been done.

    (3) It is a question of law whether the sale, exposure for sale, distribution, exhibition, or presentation might in the circumstances serve the public good, and whether there is evidence of excess beyond what the public good requires; but it is a question of fact whether or not the acts complained of did so serve the public good and whether or not there was such excess.

    (4) It is no defence that the person charged did not know that the model, object, show, or performance to which the charge relates was indecent, unless that person also satisfies the court—

    • (a) that he had no reasonable opportunity of knowing it; and

    • (b) that in the circumstances his ignorance was excusable.

    (5) No one shall be prosecuted for an offence against this section without the leave of the Attorney-General, who before giving leave may make such inquiries as he thinks fit.

    (6) Nothing in this section shall apply to any publication within the meaning of the Films, Videos, and Publications Classification Act 1993, whether the publication is objectionable within the meaning of that Act or not.

    (7) [Repealed]

    Compare: 1908 No 32 s 157

    Section 124(1)(b): amended, on 1 January 1967, by section 3(2) of the Crimes Amendment Act 1966 (1966 No 98).

    Section 124(1)(c): added, on 1 January 1967, by section 3(1) of the Crimes Amendment Act 1966 (1966 No 98).

    Section 124(6): substituted, on 1 October 1994, by section 150(1) of the Films, Videos, and Publications Classification Act 1993 (1993 No 94).

    Section 124(7): repealed, on 1 October 1994, by section 150(1) of the Films, Videos, and Publications Classification Act 1993 (1993 No 94).

125 Indecent act in public place
  • (1) Every one is liable to imprisonment for a term not exceeding 2 years who wilfully does any indecent act in any place to which the public have or are permitted to have access, or within view of any such place.

    (2) It is a defence to a charge under this section if the person charged proves that he had reasonable grounds for believing that he would not be observed.

    (3) For the purposes of this section, the term place includes any railway carriage, and also includes any ship, aircraft, or vehicle used for the carriage of passengers for hire or reward.

    Compare: 1908 No 32 s 156(a)

126 Indecent act with intent to insult or offend
  • Every one is liable to imprisonment for a term not exceeding 2 years who with intent to insult or offend any person does any indecent act in any place.

    Compare: 1908 No 32 s 156(b)

Sexual crimes

127 No presumption because of age
  • There is no presumption of law that a person is incapable of sexual connection because of his or her age.

    Section 127: substituted, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

128 Sexual violation defined
  • (1) Sexual violation is the act of a person who—

    • (a) rapes another person; or

    • (b) has unlawful sexual connection with another person.

    (2) Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B's genitalia by person A's penis,—

    • (a) without person B's consent to the connection; and

    • (b) without believing on reasonable grounds that person B consents to the connection.

    (3) Person A has unlawful sexual connection with person B if person A has sexual connection with person B—

    • (a) without person B's consent to the connection; and

    • (b) without believing on reasonable grounds that person B consents to the connection.

    (4) One person may be convicted of the sexual violation of another person at a time when they were married to each other.

    Section 128: substituted, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

128A Allowing sexual activity does not amount to consent in some circumstances
  • (1) A person does not consent to sexual activity just because he or she does not protest or offer physical resistance to the activity.

    (2) A person does not consent to sexual activity if he or she allows the activity because of—

    • (a) force applied to him or her or some other person; or

    • (b) the threat (express or implied) of the application of force to him or her or some other person; or

    • (c) the fear of the application of force to him or her or some other person.

    (3) A person does not consent to sexual activity if the activity occurs while he or she is asleep or unconscious.

    (4) A person does not consent to sexual activity if the activity occurs while he or she is so affected by alcohol or some other drug that he or she cannot consent or refuse to consent to the activity.

    (5) A person does not consent to sexual activity if the activity occurs while he or she is affected by an intellectual, mental, or physical condition or impairment of such a nature and degree that he or she cannot consent or refuse to consent to the activity.

    (6) One person does not consent to sexual activity with another person if he or she allows the sexual activity because he or she is mistaken about who the other person is.

    (7) A person does not consent to an act of sexual activity if he or she allows the act because he or she is mistaken about its nature and quality.

    (8) This section does not limit the circumstances in which a person does not consent to sexual activity.

    (9) For the purposes of this section,—

    allows includes acquiesces in, submits to, participates in, and undertakes

    sexual activity, in relation to a person, means—

    • (a) sexual connection with the person; or

    • (b) the doing on the person of an indecent act that, without the person's consent, would be an indecent assault of the person.

    Section 128A: substituted, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

128B Sexual violation
  • (1) Every one who commits sexual violation is liable to imprisonment for a term not exceeding 20 years.

    (2) A person convicted of sexual violation must be sentenced to imprisonment unless, having regard to the matters stated in subsection (3), the court thinks that the person should not be sentenced to imprisonment.

    (3) The matters are—

    • (a) the particular circumstances of the person convicted; and

    • (b) the particular circumstances of the offence, including the nature of the conduct constituting it.

    Section 128B: substituted, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

129 Attempted sexual violation and assault with intent to commit sexual violation
  • (1) Every one who attempts to commit sexual violation is liable to imprisonment for a term not exceeding 10 years.

    (2) Every one who assaults another person with intent to commit sexual violation of the other person is liable to imprisonment for a term not exceeding 10 years.

    Section 129: substituted, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

129A Sexual conduct with consent induced by certain threats
  • (1) Every one who has sexual connection with another person knowing that the other person has been induced to consent to the connection by threat is liable to imprisonment for a term not exceeding 14 years.

    (2) Every one who does an indecent act on another person knowing that the other person has been induced to consent to the act by threat is liable to imprisonment for a term not exceeding 5 years.

    (3) For the purposes of subsection (1), a person who has sexual connection with another person knows that the other person has been induced to consent to the sexual connection by threat if (and only if) he or she knows that the other person has been induced to consent to the sexual connection by an express or implied threat of a kind described in subsection (5).

    (4) For the purposes of subsection (2),—

    • (a) a person who does an indecent act on another person knows that the other person has been induced to consent to the act by threat if (and only if) he or she knows that the other person has been induced to consent to the act by an express or implied threat of a kind described in subsection (5); and

    • (b) a person is induced to consent to an indecent act whether—

      • (i) he or she is induced to consent to the doing of an indecent act with or on him or her; or

      • (ii) he or she is induced to consent to do an indecent act himself or herself.

    (5) The kinds of threat referred to in subsections (3) and (4)(a) are—

    • (a) a threat that the person making the threat or some other person will commit an offence that—

      • (i) is punishable by imprisonment; but

      • (ii) does not involve the actual or threatened application of force to any person; and

    • (b) a threat that the person making the threat or some other person will make an accusation or disclosure (whether true or false) about misconduct by any person (whether living or dead) that is likely to damage seriously the reputation of the person against or about whom the accusation or disclosure is made; and

    • (c) a threat that the person making the threat will make improper use, to the detriment of the person consenting, of a power or authority arising out of—

      • (i) an occupational or vocational position held by the person making the threat; or

      • (ii) a commercial relationship existing between the person making the threat and the person consenting.

    Section 129A: substituted, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

130 Incest
  • (1) Sexual connection is incest if—

    • (a) it is between 2 people whose relationship is that of parent and child, siblings, half-siblings, or grandparent and grandchild; and

    • (b) the person charged knows of the relationship.

    (2) Every one of or over the age of 16 years who commits incest is liable to imprisonment for a term not exceeding 10 years.

    Section 130: substituted, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

131 Sexual conduct with dependent family member
  • (1) Every one is liable to imprisonment for a term not exceeding 7 years who has sexual connection with a dependent family member under the age of 18 years.

    (2) Every one is liable to imprisonment for a term not exceeding 7 years who attempts to have sexual connection with a dependent family member under the age of 18 years.

    (3) Every one is liable to imprisonment for a term not exceeding 3 years who does an indecent act on a dependent family member under the age of 18 years.

    (4) The dependent family member cannot be charged as a party to the offence.

    (5) It is not a defence to a charge under this section that the dependent family member consented.

    Section 131: substituted, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

131A Dependent family member defined
  • (1) For the purposes of section 131, one person is a dependent family member of another person—

    • (a) if the other person has power or authority over him or her, and is—

      • (i) his or her parent, step-parent, foster parent, guardian, uncle, or aunt; or

      • (ii) a parent, step-parent, or foster parent of a person described in subparagraph (i); or

      • (iii) a child of his or her parent or step-parent; or

      • (iv) the spouse or de facto partner of a person described in subparagraph (i) or subparagraph (ii) or subparagraph (iii); or

    • (b) if they are members of the same family, whanau, or other culturally recognised family group, and the other person—

      • (i) is not a person referred to in paragraph (a); but

      • (ii) has a responsibility for, or significant role in, his or her care or upbringing; or

    • (c) if he or she is living with the other person as a member of the other person's family, and the other person is not a person referred to in paragraph (a), but has—

      • (i) power or authority over him or her; and

      • (ii) a responsibility for, or significant role in, his or her care or upbringing.

    (2) In subsection (1),—

    aunt, in relation to a person, includes a half-sister of one of the person's parents

    foster parent includes a former foster parent

    guardian

    • (b) includes a former guardian

    step-parent includes a former step-parent

    uncle, in relation to a person, includes a half-brother of one of the person's parents.

    Section 131A: inserted, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

131B Meeting young person under 16 following sexual grooming, etc
  • (1) Every person is liable to imprisonment for a term not exceeding 7 years if,—

    • (a) having met or communicated with a person under the age of 16 years (the young person) on an earlier occasion, he or she takes one of the following actions:

      • (i) intentionally meets the young person:

      • (ii) travels with the intention of meeting the young person:

      • (iii) arranges for or persuades the young person to travel with the intention of meeting him or her; and

    • (b) at the time of taking the action, he or she intends—

      • (i) to take in respect of the young person an action that, if taken in New Zealand, would be an offence against this Part, or against any of paragraphs (a)(i), (d)(i), (e)(i), (f)(i), of section 98AA(1); or

      • (ii) that the young person should do on him or her an act the doing of which would, if he or she permitted it to be done in New Zealand, be an offence against this Part on his or her part.

    (2) It is a defence to a charge under subsection (1) if the person charged proves that,—

    • (a) before the time he or she took the action concerned, he or she had taken reasonable steps to find out whether the young person was of or over the age of 16 years; and

    • (b) at the time he or she took the action concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years.

    Section 131B: inserted, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

132 Sexual conduct with child under 12
  • (1) Every one who has sexual connection with a child is liable to imprisonment for a term not exceeding 14 years.

    (2) Every one who attempts to have sexual connection with a child is liable to imprisonment for a term not exceeding 10 years.

    (3) Every one who does an indecent act on a child is liable to imprisonment for a term not exceeding 10 years.

    (4) It is not a defence to a charge under this section that the person charged believed that the child was of or over the age of 12 years.

    (5) It is not a defence to a charge under this section that the child consented.

    (6) In this section,—

    • (a) child means a person under the age of 12 years; and

    • (b) doing an indecent act on a child includes indecently assaulting the child.

    Section 132: substituted, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

133 Indecency with girl under 12
  • [Repealed]

    Section 133: repealed, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

134 Sexual conduct with young person under 16
  • (1) Every one who has sexual connection with a young person is liable to imprisonment for a term not exceeding 10 years.

    (2) Every one who attempts to have sexual connection with a young person is liable to imprisonment for a term not exceeding 10 years.

    (3) Every one who does an indecent act on a young person is liable to imprisonment for a term not exceeding 7 years.

    (4) No person can be convicted of a charge under this section if he or she was married to the young person concerned at the time of the sexual connection or indecent act concerned.

    (5) The young person in respect of whom an offence against this section was committed cannot be charged as a party to the offence if the person who committed the offence was of or over the age of 16 years when the offence was committed.

    (6) In this section,—

    • (a) young person means a person under the age of 16 years; and

    • (b) doing an indecent act on a young person includes indecently assaulting the young person.

    Section 134: substituted, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

134A Defence to charge under section 134
  • (1) It is a defence to a charge under section 134 if the person charged proves that,—

    • (a) before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years; and

    • (b) at the time of the act concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years; and

    • (c) the young person consented.

    (2) Except to the extent provided in subsection (1),—

    • (a) it is not a defence to a charge under section 134 that the young person concerned consented; and

    • (b) it is not a defence to a charge under section 134 that the person charged believed that the young person concerned was of or over the age of 16 years.

    Section 134A: inserted, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

135 Indecent assault
  • Every one is liable to imprisonment for a term not exceeding 7 years who indecently assaults another person.

    Section 135: substituted, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

136 Conspiracy to induce sexual intercourse
  • [Repealed]

    Section 136: repealed, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

137 Inducing sexual intercourse under pretence of marriage
  • [Repealed]

    Section 137: repealed, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

138 Sexual exploitation of person with significant impairment
  • (1) Every one is liable to imprisonment for a term not exceeding 10 years who has exploitative sexual connection with a person with a significant impairment.

    (2) Every one is liable to imprisonment for a term not exceeding 10 years who attempts to have exploitative sexual connection with a person with a significant impairment.

    (3) For the purposes of subsections (1) and (2), a person has exploitative sexual connection with a person with a significant impairment (the impaired person) if he or she—

    • (a) has sexual connection with the impaired person knowing that the impaired person is a person with a significant impairment; and

    • (b) has obtained the impaired person's acquiescence in, submission to, participation in, or undertaking of the connection by taking advantage of the impairment.

    (4) Every one is liable to imprisonment for a term not exceeding 5 years who exploitatively does an indecent act on a person with a significant impairment.

    (5) For the purposes of subsection (4), a person exploitatively does an indecent act on a person with a significant impairment (the impaired person) if he or she—

    • (a) does an indecent act on the impaired person knowing that the impaired person is a person with a significant impairment; and

    • (b) has obtained the impaired person's acquiescence in, submission to, participation in, or undertaking of the doing of the act by taking advantage of the impairment.

    (6) For the purposes of this section, a significant impairment is an intellectual, mental, or physical condition or impairment (or a combination of 2 or more intellectual, mental, or physical conditions or impairments) that affects a person to such an extent that it significantly impairs the person's capacity—

    • (a) to understand the nature of sexual conduct; or

    • (b) to understand the nature of decisions about sexual conduct; or

    • (c) to foresee the consequences of decisions about sexual conduct; or

    • (d) to communicate decisions about sexual conduct.

    Section 138: substituted, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

139 Indecent act between woman and girl
  • [Repealed]

    Section 139: repealed, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

140 Indecency with boy under 12
  • [Repealed]

    Section 140: repealed, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

140A Indecency with boy between 12 and 16
  • [Repealed]

    Section 140A: repealed, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

141 Indecent assault on man or boy
  • [Repealed]

    Section 141: repealed, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

142 Anal intercourse
  • [Repealed]

    Section 142: repealed, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

142A Compelling indecent act with animal
  • (1) Every one is liable to imprisonment for a term not exceeding 14 years who compels any other person, by the actual or threatened application of force to that other person or some other person, to perform, or to submit to or acquiesce in, any act of indecency with an animal, whether or not involving penetration.

    (2) [Repealed]

    Section 142A: inserted, on 1 February 1986, by section 3 of the Crimes Amendment Act (No 3) 1985 (1985 No 160).

    Section 142A(2): repealed, on 30 June 2002, by section 164(b) of the Sentencing Act 2002 (2002 No 9).

143 Bestiality
  • (1) Every one is liable to imprisonment for a term not exceeding 7 years who commits bestiality.

    (2) This offence is complete upon penetration.

    Compare: 1908 No 32 s 153; 1941 No 10 Schedule

144 Indecency with animal
  • Every one is liable to imprisonment for a term not exceeding 3 years who commits any act of indecency with an animal.

Sexual offences outside New Zealand

  • Heading: inserted, on 1 September 1995, by section 2 of the Crimes Amendment Act 1995 (1995 No 49).

144A Sexual conduct with children and young people outside New Zealand
  • (1) Every one commits an offence who, being a New Zealand citizen or ordinarily resident in New Zealand,—

    • (a) does outside New Zealand, with or on a child under the age of 12 years, an act to which subsection (2) applies; or

    • (b) does outside New Zealand, with or on a person under the age of 16 years, an act to which subsection (3) applies; or

    • (c) does outside New Zealand, with or on a person under the age of 18 years, an act to which subsection (4) applies.

    (2) This subsection applies to an act that, if done in New Zealand, would be an offence against—

    • (b) section 132(2) (attempted sexual connection with a child under 12); or

    (3) This subsection applies to an act that, if done in New Zealand, would be an offence against—

    • (b) section 134(2) (attempted sexual connection with a young person); or

    (4) This subsection applies to an act that, if done in New Zealand, would be an offence against section 23(1) of the Prostitution Reform Act 2003 (breach of prohibitions on use in prostitution of persons under 18 years).

    (5) A person who commits an offence against this section in respect of a provision specified in any of subsections (2) to (4) is liable to the penalty to which he or she would be liable if convicted of an offence against the provision.

    (6) Every limiting provision that applied to a provision specified in any of subsections (2) to (4) when an offence against this section in respect of the provision specified is alleged to have been committed applies also to—

    • (a) the commencement of proceedings for the offence; and

    • (b) a charge under this section in respect of the provision specified.

    (7) In this section, limiting provision, in relation to a provision specified in any of subsections (2) to (4), means a provision of this Act or the Prostitution Reform Act 2003 that states (in relation to the provision specified only, or more generally)—

    • (a) circumstances that constitute a defence to a charge under the provision specified; or

    • (b) circumstances that do not constitute a defence to a charge under the provision specified; or

    • (c) circumstances in which the person on or with whom an offence against the provision specified is committed may not be charged with an offence against that provision.

    Section 144A: substituted, on 14 June 2006, by section 8 of the Crimes Amendment Act 2005 (2005 No 41).

144B Consent of Attorney-General required
  • (1) No information shall be laid for an offence against section 144A except with the consent of the Attorney-General.

    (2) A person who is alleged to have committed such an offence may be arrested, or a warrant for the arrest of the person may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the laying of an information for the offence has not been obtained, but no further or other proceedings shall be taken until that consent has been obtained.

    (3) The Attorney-General may, before deciding whether or not to give his or her consent under subsection (1), make such inquiries as he or she thinks fit.

    Section 144B: inserted, on 1 September 1995, by section 2 of the Crimes Amendment Act 1995 (1995 No 49).

144C Organising or promoting child sex tours
  • (1) Every one is liable to imprisonment for a term not exceeding 7 years who—

    • (a) makes or organises any travel arrangements for or on behalf of any other person with the intention of facilitating the commission by that other person of an offence against section 144A, whether or not such an offence is actually committed by that other person; or

    • (b) transports any other person to a place outside New Zealand with the intention of facilitating the commission by that other person of an offence against section 144A, whether or not such an offence is actually committed by that other person; or

    • (c) prints or publishes any information that is intended to promote conduct that would constitute an offence against section 144A, or to assist any other person to engage in such conduct.

    (2) For the purposes of this section,—

    • (a) the making or organising of travel arrangements includes, but is not limited to,—

      • (i) the purchase or reservation of tickets for travel to a country outside New Zealand:

      • (ii) the purchase or reservation of accommodation in a country outside New Zealand:

    • (b) the publication of information means publication of information by any means, whether by written, electronic, or other form of communication; and includes the distribution of information.

    Section 144C: inserted, on 1 September 1995, by section 2 of the Crimes Amendment Act 1995 (1995 No 49).

Crimes against public welfare

145 Criminal nuisance
  • (1) Every one commits criminal nuisance who does any unlawful act or omits to discharge any legal duty, such act or omission being one which he knew would endanger the lives, safety, or health of the public, or the life, safety, or health of any individual.

    (2) Every one who commits criminal nuisance is liable to imprisonment for a term not exceeding 1 year.

    Compare: 1908 No 32 ss 158, 159

146 Keeping place of resort for homosexual acts
  • [Repealed]

    Section 146: repealed, on 8 August 1986, by section 6(1) of the Homosexual Law Reform Act 1986 (1986 No 33).

147 Brothel-keeping
  • [Repealed]

    Section 147: repealed, on 28 June 2003, by section 48(1)(a) of the Prostitution Reform Act 2003 (2003 No 28).

148 Living on earnings of prostitution
  • [Repealed]

    Section 148: repealed, on 28 June 2003, by section 48(1)(a) of the Prostitution Reform Act 2003 (2003 No 28).

149 Procuring for prostitution
  • [Repealed]

    Section 149: repealed, on 28 June 2003, by section 48(1)(a) of the Prostitution Reform Act 2003 (2003 No 28).

149A Being client in act of prostitution by person under 18 years of age
  • [Repealed]

    Section 149A: repealed, on 28 June 2003, by section 48(1)(a) of the Prostitution Reform Act 2003 (2003 No 28).

150 Misconduct in respect of human remains
  • Every one is liable to imprisonment for a term not exceeding 2 years who—

    • (a) neglects to perform any duty imposed on him by law or undertaken by him with reference to the burial or cremation of any dead human body or human remains; or

    • (b) improperly or indecently interferes with or offers any indignity to any dead human body or human remains, whether buried or not.

    Compare: 1908 No 32 s 165

Part 8
Crimes against the person

Duties tending to the preservation of life

150A Standard of care required of persons under legal duties
  • (1) This section applies in respect of the legal duties specified in any of sections 151, 152, 153, 155, 156, and 157.

    (2) For the purposes of this Part, a person is criminally responsible for—

    • (a) omitting to discharge or perform a legal duty to which this section applies; or

    • (b) neglecting a legal duty to which this section applies—

    only if, in the circumstances of the particular case, the omission or neglect is a major departure from the standard of care expected of a reasonable person to whom that legal duty applies in those circumstances.

    Section 150A: inserted, on 22 November 1997, by section 2(1) of the Crimes Amendment Act 1997 (1997 No 88).

151 Duty to provide the necessaries of life
  • (1) Every one who has charge of any other person unable, by reason of detention, age, sickness, insanity, or any other cause, to withdraw himself from such charge, and unable to provide himself with the necessaries of life, is (whether such charge is undertaken by him under any contract or is imposed upon him by law or by reason of his unlawful act or otherwise howsoever) under a legal duty to supply that person with the necessaries of life, and is criminally responsible for omitting without lawful excuse to perform such duty if the death of that person is caused, or if his life is endangered or his health permanently injured, by such omission.

    (2) Every one is liable to imprisonment for a term not exceeding 7 years who, without lawful excuse, neglects the duty specified in this section so that the life of the person under his charge is endangered or his health permanently injured by such neglect.

    Compare: 1908 No 32 s 166

152 Duty of parent or guardian to provide necessaries
  • (1) Every one who as a parent or person in place of a parent is under a legal duty to provide necessaries for any child under the age of 16 years, being a child in his actual custody, is criminally responsible for omitting without lawful excuse to do so, whether the child is helpless or not, if the death of the child is caused, or if his life is endangered or his health permanently injured, by such omission.

    (2) Every one is liable to imprisonment for a term not exceeding 7 years who, without lawful excuse, neglects the duty specified in this section so that the life of the child is endangered or his health permanently injured by such neglect.

    Compare: 1908 No 32 s 167

153 Duty of employers to provide necessaries
  • (1) Every one who as employer has contracted to provide necessary food, clothing, or lodging for any servant or apprentice under the age of 16 years is under a legal duty to provide the same, and is criminally responsible for omitting without lawful excuse to perform such duty if the death of that servant or apprentice is caused, or if his life is endangered or his health permanently injured, by such omission.

    (2) Every one is liable to imprisonment for a term not exceeding 5 years who, without lawful excuse, neglects the duty specified in this section so that the life of the servant or apprentice is endangered or his health permanently injured by such neglect.

    Compare: 1908 No 32 s 168

154 Abandoning child under 6
  • Every one is liable to imprisonment for a term not exceeding 7 years who unlawfully abandons or exposes any child under the age of 6 years.

    Compare: 1908 No 32 s 169

155 Duty of persons doing dangerous acts
  • Every one who undertakes (except in case of necessity) to administer surgical or medical treatment, or to do any other lawful act the doing of which is or may be dangerous to life, is under a legal duty to have and to use reasonable knowledge, skill, and care in doing any such act, and is criminally responsible for the consequences of omitting without lawful excuse to discharge that duty.

    Compare: 1908 No 32 s 170

156 Duty of persons in charge of dangerous things
  • Every one who has in his charge or under his control anything whatever, whether animate or inanimate, or who erects, makes, operates, or maintains anything whatever, which, in the absence of precaution or care, may endanger human life is under a legal duty to take reasonable precautions against and to use reasonable care to avoid such danger, and is criminally responsible for the consequences of omitting without lawful excuse to discharge that duty.

    Compare: 1908 No 32 s 171

157 Duty to avoid omissions dangerous to life
  • Every one who undertakes to do any act the omission to do which is or may be dangerous to life is under a legal duty to do that act, and is criminally responsible for the consequences of omitting without lawful excuse to discharge that duty.

    Compare: 1908 No 32 s 172

Homicide

158 Homicide defined
  • Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.

    Compare: 1908 No 32 s 173

159 Killing of a child
  • (1) A child becomes a human being within the meaning of this Act when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, whether it has an independent circulation or not, and whether the navel string is severed or not.

    (2) The killing of such child is homicide if it dies in consequence of injuries received before, during, or after birth.

    Compare: 1908 No 32 s 174

160 Culpable homicide
  • (1) Homicide may be either culpable or not culpable.

    (2) Homicide is culpable when it consists in the killing of any person—

    • (a) by an unlawful act; or

    • (b) by an omission without lawful excuse to perform or observe any legal duty; or

    • (c) by both combined; or

    • (d) by causing that person by threats or fear of violence, or by deception, to do an act which causes his death; or

    • (e) by wilfully frightening a child under the age of 16 years or a sick person.

    (3) Except as provided in section 178, culpable homicide is either murder or manslaughter.

    (4) Homicide that is not culpable is not an offence.

    Compare: 1908 No 32 s 175

161 Procuring death by false evidence
  • [Repealed]

    Section 161: repealed, on 26 December 1989, by section 3(1)(a) of the Abolition of the Death Penalty Act 1989 (1989 No 119).

162 Death must be within a year and a day
  • (1) No one is criminally responsible for the killing of another unless the death takes place within a year and a day after the cause of death.

    (2) The period of a year and a day shall be reckoned inclusive of the day on which the last unlawful act contributing to the cause of death took place.

    (3) Where the cause of death is an omission to fulfil a legal duty, the period shall be reckoned inclusive of the day on which such omission ceased.

    (4) Where death is in part caused by an unlawful act and in part by an omission, the period shall be reckoned inclusive of the day on which the last unlawful act took place or the omission ceased, whichever happened last.

    Compare: 1908 No 32 s 177

163 Killing by influence on the mind
  • No one is criminally responsible for the killing of another by any influence on the mind alone, except by wilfully frightening a child under the age of 16 years or a sick person, nor for the killing of another by any disorder or disease arising from such influence, except by wilfully frightening any such child as aforesaid or a sick person.

    Compare: 1908 No 32 s 178

164 Acceleration of death
  • Every one who by any act or omission causes the death of another person kills that person, although the effect of the bodily injury caused to that person was merely to hasten his death while labouring under some disorder or disease arising from some other cause.

    Compare: 1908 No 32 s 179

165 Causing death that might have been prevented
  • Every one who by any act or omission causes the death of another person kills that person, although death from that cause might have been prevented by resorting to proper means.

    Compare: 1908 No 32 s 180

166 Causing injury the treatment of which causes death
  • Every one who causes to another person any bodily injury, in itself of a dangerous nature, from which death results, kills that person, although the immediate cause of death be treatment, proper or improper, applied in good faith.

    Compare: 1908 No 32 s 181

Murder, manslaughter, etc

167 Murder defined
  • Culpable homicide is murder in each of the following cases:

    • (a) if the offender means to cause the death of the person killed:

    • (b) if the offender means to cause to the person killed any bodily injury that is known to the offender to be likely to cause death, and is reckless whether death ensues or not:

    • (c) if the offender means to cause death, or, being so reckless as aforesaid, means to cause such bodily injury as aforesaid to one person, and by accident or mistake kills another person, though he does not mean to hurt the person killed:

    • (d) if the offender for any unlawful object does an act that he knows to be likely to cause death, and thereby kills any person, though he may have desired that his object should be effected without hurting any one.

    Compare: 1908 No 32 s 182

168 Further definition of murder
  • (1) Culpable homicide is also murder in each of the following cases, whether the offender means or does not mean death to ensue, or knows or does not know that death is likely to ensue:

    • (a) if he means to cause grievous bodily injury for the purpose of facilitating the commission of any of the offences mentioned in subsection (2), or facilitating the flight or avoiding the detection of the offender upon the commission or attempted commission thereof, or for the purpose of resisting lawful apprehension in respect of any offence whatsoever, and death ensues from such injury:

    • (b) if he administers any stupefying or overpowering thing for any of the purposes aforesaid, and death ensues from the effects thereof:

    • (c) if he by any means wilfully stops the breath of any person for any of the purposes aforesaid, and death ensues from such stopping of breath.

    (2) The offences referred to in subsection (1) are those specified in the following provisions of this Act, namely:

    Compare: 1908 No 32 s 183

    Section 168(2)(e): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 168(2)(f): substituted, on 1 October 2003, by section 7(1) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 168(2)(j): substituted, on 1 October 2003, by section 7(2) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 168(2)(k): substituted, on 1 October 2003, by section 7(2) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 168(2)(l): substituted, on 1 October 2003, by section 7(2) of the Crimes Amendment Act 2003 (2003 No 39).

169 Provocation
  • (1) Culpable homicide that would otherwise be murder may be reduced to manslaughter if the person who caused the death did so under provocation.

    (2) Anything done or said may be provocation if—

    • (a) in the circumstances of the case it was sufficient to deprive a person having the power of self-control of an ordinary person, but otherwise having the characteristics of the offender, of the power of self-control; and

    • (b) it did in fact deprive the offender of the power of self-control and thereby induced him to commit the act of homicide.

    (3) Whether there is any evidence of provocation is a question of law.

    (4) Whether, if there is evidence of provocation, the provocation was sufficient as aforesaid, and whether it did in fact deprive the offender of the power of self-control and thereby induced him to commit the act of homicide, are questions of fact.

    (5) No one shall be held to give provocation to another by lawfully exercising any power conferred by law, or by doing anything which the offender incited him to do in order to provide the offender with an excuse for killing or doing bodily harm to any person.

    (6) This section shall apply in any case where the provocation was given by the person killed, and also in any case where the offender, under provocation given by one person, by accident or mistake killed another person.

    (7) The fact that by virtue of this section one party to a homicide has not been or is not liable to be convicted of murder shall not affect the question whether the homicide amounted to murder in the case of any other party to it.

    Compare: 1908 No 32 s 184

170 Illegal arrest may be evidence of provocation
  • An illegal arrest shall not necessarily reduce the offence from murder to manslaughter; but if the illegality was known to the offender it may be evidence of provocation.

    Compare: 1908 No 32 s 185

171 Manslaughter
  • Except as provided in section 178, culpable homicide not amounting to murder is manslaughter.

    Compare: 1908 No 32 s 186

172 Punishment of murder
  • (1) Every one who commits murder is liable to imprisonment for life.

    (2) Subsection (1) is subject to section 102 of the Sentencing Act 2002.

    Section 172: substituted, on 30 June 2002, by section 165 of the Sentencing Act 2002 (2002 No 9).

173 Attempt to murder
  • (1) Every one who attempts to commit murder is liable to imprisonment for a term not exceeding 14 years.

    (2) [Repealed]

    Compare: 1908 No 32 s 188

    Section 173(2): repealed, on 30 June 2002, by section 164(b) of the Sentencing Act 2002 (2002 No 9).

174 Counselling or attempting to procure murder
  • Every one is liable to imprisonment for a term not exceeding 10 years who incites, counsels, or attempts to procure any person to murder any other person in New Zealand, when that murder is not in fact committed.

    Compare: 1908 No 32 s 189(b)

175 Conspiracy to murder
  • (1) Every one is liable to imprisonment for a term not exceeding 10 years who conspires or agrees with any person to murder any other person, whether the murder is to take place in New Zealand or elsewhere.

    (2) For the purposes of this section, the expression to murder includes to cause the death of another person out of New Zealand in circumstances that would amount to murder if the act were committed in New Zealand.

    Compare: 1908 No 32 s 189(a)

176 Accessory after the fact to murder
  • Every one is liable to imprisonment for a term not exceeding 7 years who is an accessory after the fact to murder.

    Compare: 1908 No 32 s 190

177 Punishment of manslaughter
  • (1) Every one who commits manslaughter is liable to imprisonment for life.

    (2) [Repealed]

    (3) [Repealed]

    (4) [Repealed]

    Compare: 1908 No 32 s 191

    Section 177(2): repealed, on 30 June 2002, by section 164(b) of the Sentencing Act 2002 (2002 No 9).

    Section 177(3): repealed, on 30 June 2002, by section 164(b) of the Sentencing Act 2002 (2002 No 9).

    Section 177(4): repealed, on 30 June 2002, by section 164(b) of the Sentencing Act 2002 (2002 No 9).

178 Infanticide
  • (1) Where a woman causes the death of any child of hers under the age of 10 years in a manner that amounts to culpable homicide, and where at the time of the offence the balance of her mind was disturbed, by reason of her not having fully recovered from the effect of giving birth to that or any other child, or by reason of the effect of lactation, or by reason of any disorder consequent upon childbirth or lactation, to such an extent that she should not be held fully responsible, she is guilty of infanticide, and not of murder or manslaughter, and is liable to imprisonment for a term not exceeding 3 years.

    (2) Where upon the trial of a woman for the murder or manslaughter of any child of hers under the age of 10 years there is evidence that would support a verdict of infanticide, the jury may return such a verdict instead of a verdict of murder or manslaughter, and the accused shall be liable accordingly. Subsection (2) of section 339 shall be read subject to the provisions of this subsection, but nothing in this subsection shall affect the power of the jury under that section to return a verdict of manslaughter.

    (3) Where upon the trial of a woman for infanticide, or for the murder or manslaughter of any child of hers under the age of 10 years, the jury are of opinion that at the time of the alleged offence the balance of her mind was disturbed, by reason of her not having fully recovered from the effect of giving birth to that or any other child, or by reason of the effect of lactation, or by reason of any disorder consequent upon childbirth or lactation, to such an extent that she was insane, the jury shall return a special verdict of acquittal on account of insanity caused by childbirth.

    (4) If the jury returns a special verdict under subsection (3), the Judge must order that the woman be examined by 2 medical practitioners and the following provisions apply:

    • (c) unless each of the medical practitioners certifies in accordance with paragraph (b), sections 23 to 29 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 apply, so far as they are applicable, as if the references in those sections to the court were references to the Judge.

    (5) If, under subsection (4)(c), the Judge makes an order that the woman be detained in a hospital as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or as a special care recipient under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, section 33 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 applies.

    (6) [Repealed]

    (7) Nothing in this section shall affect the power of the jury, upon the trial of any woman for infanticide or for murder or manslaughter, to return a verdict, otherwise than under this section, of acquittal on account of insanity; and where any such verdict is returned the provisions of the Criminal Procedure (Mentally Impaired Persons) Act 2003 shall apply accordingly.

    (8) The fact that by virtue of this section any woman has not been or is not liable to be convicted of murder or manslaughter, whether or not she has been or is liable to be convicted of infanticide, shall not affect the question whether the homicide amounted to murder or manslaughter in the case of any other party to it.

    Compare: Infanticide Act 1938 s 1 (UK)

    Section 178(4): substituted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

    Section 178(4)(a)(iii): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 178(5): substituted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

    Section 178(6): repealed, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

    Section 178(7): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

179 Aiding and abetting suicide
  • Every one is liable to imprisonment for a term not exceeding 14 years who—

    • (a) incites, counsels, or procures any person to commit suicide, if that person commits or attempts to commit suicide in consequence thereof; or

    • (b) aids or abets any person in the commission of suicide.

    Compare: 1908 No 32 s 192

180 Suicide pact
  • (1) Every one who in pursuance of a suicide pact kills any other person is guilty of manslaughter and not of murder, and is liable accordingly.

    (2) Where 2 or more persons enter into a suicide pact, and in pursuance of it 1 or more of them kills himself, any survivor is guilty of being a party to a death under a suicide pact contrary to this subsection and is liable to imprisonment for a term not exceeding 5 years; but he shall not be convicted of an offence against section 179.

    (3) For the purposes of this section the term suicide pact means a common agreement between 2 or more persons having for its object the death of all of them, whether or not each is to take his own life; but nothing done by a person who enters into a suicide pact shall be treated as done by him in pursuance of the pact unless it is done while he has the settled intention of dying in pursuance of the pact.

    (4) It shall be for the person charged to prove that by virtue of subsection (1) he is not liable to be convicted of murder, or that by virtue of subsection (2) he is not liable to be convicted of an offence against section 179.

    (5) The fact that by virtue of this section any person who in pursuance of a suicide pact has killed another person has not been or is not liable to be convicted of murder shall not affect the question whether the homicide amounted to murder in the case of a third person who is a party to the homicide and is not a party to the suicide pact.

    Compare: Homicide Act 1957 s 4 (UK)

181 Concealing dead body of child
  • Every one is liable to imprisonment for a term not exceeding 2 years who disposes of the dead body of any child in any manner with intent to conceal the fact of its birth, whether the child died before, or during, or after birth.

    Compare: 1908 No 32 s 194

Abortion

182 Killing unborn child
  • (1) Every one is liable to imprisonment for a term not exceeding 14 years who causes the death of any child that has not become a human being in such a manner that he would have been guilty of murder if the child had become a human being.

    (2) No one is guilty of any crime who before or during the birth of any child causes its death by means employed in good faith for the preservation of the life of the mother.

    Compare: 1908 No 32 s 220

182A Miscarriage defined
  • For the purposes of sections 183 to 187 the term miscarriage means—

    • (a) the destruction or death of an embryo or fetus after implantation; or

    • (b) the premature expulsion or removal of an embryo or fetus after implantation, otherwise than for the purpose of inducing the birth of a fetus believed to be viable or removing a fetus that has died.

    Section 182A: inserted, on 16 December 1977, by section 3 of the Crimes Amendment Act 1977 (1977 No 113).

183 Procuring abortion by any means
  • (1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to procure the miscarriage of any woman or girl, whether she is pregnant or not,—

    • (a) unlawfully administers to or causes to be taken by her any poison or any drug or any noxious thing; or

    • (b) unlawfully uses on her any instrument; or

    • (c) unlawfully uses on her any means other than any means referred to in paragraph (a) or paragraph (b).

    (2) The woman or girl shall not be charged as a party to an offence against this section.

    Section 183: substituted, on 16 December 1977, by section 4 of the Crimes Amendment Act 1977 (1977 No 113).

184 Procuring abortion by other means
  • [Repealed]

    Section 184: repealed, on 16 December 1977, by section 4 of the Crimes Amendment Act 1977 (1977 No 113).

185 Female procuring her own miscarriage
  • [Repealed]

    Section 185: repealed, on 16 December 1977, by section 5 of the Crimes Amendment Act 1977 (1977 No 113).

186 Supplying means of procuring abortion
  • Every one is liable to imprisonment for a term not exceeding 7 years who unlawfully supplies or procures any poison or any drug or any noxious thing, or any instrument or other thing, whether of a like nature or not, believing that it is intended to be unlawfully used to procure miscarriage.

    Compare: 1908 No 32 s 223

187 Effectiveness of means used immaterial
  • The provisions of section 183 to 186 shall apply whether or not the poison, drug, thing, instrument, or means administered, taken, used, supplied, or procured was in fact capable of procuring miscarriage.

187A Meaning of unlawfully
  • (1) For the purposes of sections 183 and 186, any act specified in either of those sections is done unlawfully unless, in the case of a pregnancy of not more than 20 weeks' gestation, the person doing the act believes—

    • (a) that the continuance of the pregnancy would result in serious danger (not being danger normally attendant upon childbirth) to the life, or to the physical or mental health, of the woman or girl; or

    • (aa) that there is a substantial risk that the child, if born, would be so physically or mentally abnormal as to be seriously handicapped; or

    • (b) that the pregnancy is the result of sexual intercourse between—

      • (i) a parent and child; or

      • (ii) a brother and sister, whether of the whole blood or of the half blood; or

      • (iii) a grandparent and grandchild; or

    • (c) that the pregnancy is the result of sexual intercourse that constitutes an offence against section 131(1); or

    • (d) that the woman or girl is severely subnormal within the meaning of section 138(2).

    (2) The following matters, while not in themselves grounds for any act specified in section 183 or section 186, may be taken into account in determining for the purposes of subsection (1)(a), whether the continuance of the pregnancy would result in serious danger to her life or to her physical or mental health:

    • (a) the age of the woman or girl concerned is near the beginning or the end of the usual child-bearing years:

    • (b) the fact (where such is the case) that there are reasonable grounds for believing that the pregnancy is the result of sexual violation.

    (3) For the purposes of sections 183 and 186, any act specified in either of those sections is done unlawfully unless, in the case of a pregnancy of more than 20 weeks' gestation, the person doing the act believes that the miscarriage is necessary to save the life of the woman or girl or to prevent serious permanent injury to her physical or mental health.

    (4) Where a medical practitioner, in pursuance of a certificate issued by 2 certifying consultants under section 33 of the Contraception, Sterilisation, and Abortion Act 1977, does any act specified in section 183 or section 186 of this Act, the doing of that act shall not be unlawful for the purposes of the section applicable unless it is proved that, at the time when he did that act, he did not believe it to be lawful in terms of subsection (1) or subsection (3), as the case may require.

    Section 187A: inserted, on 16 December 1977, by section 6 of the Crimes Amendment Act 1977 (1977 No 113).

    Section 187A(1)(a): amended, on 10 July 1978, by section 2(1) of the Crimes Amendment Act 1978 (1978 No 6).

    Section 187A(1)(aa): inserted, on 10 July 1978, by section 2(2) of the Crimes Amendment Act 1978 (1978 No 6).

    Section 178A(2)(b): amended, on 1 February 1986, by section 7(2) of the Crimes Amendment Act (No 3) 1985 (1985 No 160).

    Section 178A(4): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Assaults and injuries to the person

188 Wounding with intent
  • (1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to cause grievous bodily harm to any one, wounds, maims, disfigures, or causes grievous bodily harm to any person.

    (2) Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to injure anyone, or with reckless disregard for the safety of others, wounds, maims, disfigures, or causes grievous bodily harm to any person.

    (3) [Repealed]

    Compare: 1908 No 32 s 197(a); 1941 No 10 Schedule

    Section 188(3): repealed, on 30 June 2002, by section 164(b) of the Sentencing Act 2002 (2002 No 9).

189 Injuring with intent
  • (1) Every one is liable to imprisonment for a term not exceeding 10 years who, with intent to cause grievous bodily harm to any one, injures any person.

    (2) Every one is liable to imprisonment for a term not exceeding 5 years who, with intent to injure any one, or with reckless disregard for the safety of others, injures any person.

    (3) [Repealed]

    Compare: 1908 No 32 s 204

    Section 189(3): repealed, on 30 June 2002, by section 164(b) of the Sentencing Act 2002 (2002 No 9).

190 Injuring by unlawful act
  • Every one is liable to imprisonment for a term not exceeding 3 years who injures any other person in such circumstances that if death had been caused he would have been guilty of manslaughter.

    Compare: 1908 No 32 s 206

191 Aggravated wounding or injury
  • (1) Every one is liable to imprisonment for a term not exceeding 14 years who with intent—

    • (a) to commit or facilitate the commission of any crime; or

    • (b) to avoid the detection of himself or of any other person in the commission of any crime; or

    • (c) to avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any crime—

    wounds, maims, disfigures, or causes grievous bodily harm to any person, or stupefies or renders unconscious any person, or by any violent means renders any person incapable of resistance.

    (2) Every one is liable to imprisonment for a term not exceeding 7 years who, with any such intent as aforesaid, injures any person.

    (3) [Repealed]

    Compare: 1908 No 32 ss 195, 196; 1941 No 10 Schedule

    Section 191(3): repealed, on 30 June 2002, by section 164(b) of the Sentencing Act 2002 (2002 No 9).

192 Aggravated assault
  • (1) Every one is liable to imprisonment for a term not exceeding 3 years who assaults any other person with intent—

    • (a) to commit or facilitate the commission of any crime; or

    • (b) to avoid the detection of himself or of any other person in the commission of any crime; or

    • (c) to avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any crime.

    (2) Every one is liable to imprisonment for a term not exceeding 3 years who assaults any constable or any person acting in aid of any constable, or any person in the lawful execution of any process, with intent to obstruct the person so assaulted in the execution of his duty.

    Compare: 1908 No 32 s 209

193 Assault with intent to injure
  • Every one is liable to imprisonment for a term not exceeding 3 years who, with intent to injure any one, assaults any person.

194 Assault on a child, or by a male on a female
  • Every one is liable to imprisonment for a term not exceeding 2 years who—

    • (a) assaults any child under the age of 14 years; or

    • (b) being a male, assaults any female.

    Compare: 1952 No 43 s 5

195 Cruelty to a child
  • Every one is liable to imprisonment for a term not exceeding 5 years who, having the custody, control, or charge of any child under the age of 16 years, wilfully ill-treats or neglects the child, or wilfully causes or permits the child to be ill-treated, in a manner likely to cause him unnecessary suffering, actual bodily harm, injury to health, or any mental disorder or disability.

    Compare: Children and Young Persons Act 1933 s 1 (UK)

196 Common assault
  • Every one is liable to imprisonment for a term not exceeding 1 year who assaults any other person.

    Compare: 1908 No 32 s 210

197 Disabling
  • (1) Every one is liable to imprisonment for a term not exceeding 5 years who, wilfully and without lawful justification or excuse, stupefies or renders unconscious any other person.

    (2) [Repealed]

    Section 197(2): repealed, on 30 June 2002, by section 164(b) of the Sentencing Act 2002 (2002 No 9).

198 Discharging firearm or doing dangerous act with intent
  • (1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to do grievous bodily harm,—

    • (a) discharges any firearm, airgun, or other similar weapon at any person; or

    • (b) sends or delivers to any person, or puts in any place, any explosive or injurious substance or device; or

    • (c) sets fire to any property.

    (2) Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to injure, or with reckless disregard for the safety of others, does any of the acts referred to in subsection (1).

    (3) [Repealed]

    Compare: 1908 No 32 ss 197(b), (c), (d), 198; 1941 No 10 Schedule

    Section 198(3): repealed, on 30 June 2002, by section 164(b) of the Sentencing Act 2002 (2002 No 9).

198A Using any firearm against law enforcement officer, etc
  • (1) Every one is liable to imprisonment for a term not exceeding 14 years who uses any firearm in any manner whatever against any constable, or any traffic officer, or any prison officer, acting in the course of his or her duty knowing that, or being reckless whether or not, that person is a constable or a traffic officer or a prison officer so acting.

    (2) Every one is liable to imprisonment for a term not exceeding 10 years who uses any firearm in any manner whatever with intent to resist the lawful arrest or detention of himself or herself or of any other person.

    Section 198A: inserted, on 28 October 1986, by section 3 of the Crimes Amendment Act (No 2) 1986 (1986 No 71).

    Section 198A(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

198B Commission of crime with firearm
  • (1) Every one is liable to imprisonment for a term not exceeding 10 years who,—

    • (a) in committing any crime, uses any firearm; or

    • (b) while committing any crime, has any firearm with him or her in circumstances that prima facie show an intention to use it in connection with that crime.

    (2) [Repealed]

    Section 198B: inserted, on 28 October 1986, by section 3 of the Crimes Amendment Act (No 2) 1986 (1986 No 71).

    Section 198B(2): repealed, on 30 June 2002, by section 164(b) of the Sentencing Act 2002 (2002 No 9).

199 Acid throwing
  • (1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to injure or disfigure any one, throws at or applies to any person any corrosive or injurious substance.

    (2) [Repealed]

    Compare: 1908 No 32 s 197(d)

    Section 199(2): repealed, on 30 June 2002, by section 164(b) of the Sentencing Act 2002 (2002 No 9).

200 Poisoning with intent
  • (1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to cause grievous bodily harm to any one, administers to or causes to be taken by any person any poison or other noxious substance.

    (2) Every one is liable to imprisonment for a term not exceeding 3 years who, with intent to cause inconvenience or annoyance to any one, or for any unlawful purpose, administers to, or causes to be taken by, any person any poison or other noxious substance.

    (3) [Repealed]

    Compare: 1908 No 32 s 203; Criminal Code (1954) s 217 (Canada)

    Section 200(3): repealed, on 30 June 2002, by section 164(b) of the Sentencing Act 2002 (2002 No 9).

201 Infecting with disease
  • (1) Every one is liable to imprisonment for a term not exceeding 14 years who, wilfully and without lawful justification or excuse, causes or produces in any other person any disease or sickness.

    (2) [Repealed]

    Section 201(2): repealed, on 30 June 2002, by section 164(b) of the Sentencing Act 2002 (2002 No 9).

202 Setting traps, etc
  • (1) Every one is liable to imprisonment for a term not exceeding 5 years who, with intent to injure, or with reckless disregard for the safety of others, sets or places or causes to be set or placed any trap or device that is likely to injure any person.

    (2) Every one is liable to imprisonment for a term not exceeding 3 years who, being in occupation or possession of any place where any such trap or device has been set or placed, knowingly and wilfully permits it to remain there in such a condition that any person is likely to be injured by it.

    (3) [Repealed]

    Compare: 1908 No 32 s 205

    Section 202(3): repealed, on 30 June 2002, by section 164(b) of the Sentencing Act 2002 (2002 No 9).

202A Possession of offensive weapons or disabling substances
  • (1) In subsection (4)(a) offensive weapon means any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use.

    (2) In subsection (4)(b) offensive weapon means any article capable of being used for causing bodily injury.

    (3) In this section disabling substance means any anaesthetising or other substance produced for use for disabling persons, or intended by any person having it with him for such use.

    (4) Every one is liable to imprisonment for a term not exceeding 2 years—

    • (a) who, without lawful authority or reasonable excuse, has with him in any public place any knife or offensive weapon or disabling substance; or

    • (b) who has in his possession in any place any offensive weapon or disabling substance in circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence.

    (5) It is a defence to a charge under subsection (4)(b) if the person charged proves that he did not intend to use the offensive weapon or disabling substance to commit an offence involving bodily injury or the threat or fear of violence.

    Compare: 1927 No 35 s 53A(1), (2), (8)–(10); 1976 No 157 s4(1)

    Section 202A: inserted, on 1 February 1982, by section 48(1) of the Summary Offences Act 1981 (1981 No 113).

    Section 202A(4): amended, on 28 October 1986, by section 4 of the Crimes Amendment Act (No 2) 1986 (1986 No 71).

    Section 202A(4)(a): amended, on 1 August 1987, by section 2(1) of the Crimes Amendment Act (No 2) 1987 (1987 No 167).

202B Powers in respect of crime against section 202A
  • (1) Where any constable has reasonable grounds for believing that any person is committing an offence against section 202A(4)(a) he may—

    • (a) stop and search that person and any package or receptacle he has with him that the constable has reasonable grounds for believing contains any knife, offensive weapon, or disabling substance, and may detain that person for as long as is reasonably necessary to conduct that search:

    • (b) stop and search any vehicle in which that person is travelling or from which he has alighted if the constable has reasonable grounds for believing that the vehicle contains any knife, offensive weapon, or disabling substance, and may detain that vehicle for as long as is reasonably necessary to conduct that search;—

    and in any such case the constable may take possession of any knife, offensive weapon, or disabling substance found.

    (2) Every constable exercising the powers conferred by subsection (1) shall identify himself to every person searched, tell him that the search is being made under this section, and, if not in uniform and if so required, produce evidence that he is a constable.

    (2A) If it is necessary for any constable to stop a vehicle for the purpose of exercising the power conferred by subsection (1)(a) to search a person who is in the vehicle, sections 314B to 314D apply with any necessary modifications as if references in those sections to a statutory search power are references to subsection (1)(a).

    (2B) Despite section 314A, sections 314B to 314D apply to the exercise of the power to stop a vehicle conferred by subsection (1)(b).

    (3) Where any person is convicted of a crime against section 202A, the court may make an order for the forfeiture or disposal of any knife, offensive weapon, or substance in respect of which the crime was committed.

    Compare: 1927 No 35 s 53A(3)–(6); 1976 No 157 s 4(1); 1979 No 133 s 2

    Section 202B: inserted, on 1 February 1982, by section 48(1) of the Summary Offences Act 1981 (1981 No 113).

    Section 202B(1): amended, on 1 August 1987, by section 2(2)(c) of the Crimes Amendment Act (No 2) 1987 (1987 No 167).

    Section 202B(1)(a): amended, on 1 August 1987, by section 2(2)(a) of the Crimes Amendment Act (No 2) 1987 (1987 No 167).

    Section 202B(1)(b): amended, on 1 August 1987, by section 2(2)(c) of the Crimes Amendment Act (No 2) 1987 (1987 No 167).

    Section 202B(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 202B(2A): inserted, on 1 January 1998, by section 3 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 202B(2B): inserted, on 1 January 1998, by section 3 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 202B(3): amended, on 1 August 1987, by section 2(2)(d) of the Crimes Amendment Act (No 2) 1987 (1987 No 167).

202BA Sentencing for second crime against section 202A(4)
  • Where—

    • (a) any person is convicted of a crime against paragraph (a) or paragraph (b) of section 202A(4); and

    • (b) that person has previously been convicted on at least 1 occasion within the preceding 2 years of a crime against either of those paragraphs,—

    the court shall impose a sentence of imprisonment (within the meaning of section 4(1) of the Sentencing Act 2002) on the offender unless the court is satisfied that, because of the special circumstances of the offence or of the offender, the offender should not be so sentenced.

    Section 202BA: inserted, on 1 August 1987, by section 3 of the Crimes Amendment Act (No 2) 1987 (1987 No 167).

    Section 202BA: amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

202C Assault with weapon
  • (1) Every one is liable to imprisonment for a term not exceeding 5 years who,—

    • (a) in assaulting any person, uses any thing as a weapon; or

    • (b) while assaulting any person, has any thing with him or her in circumstances that prima facie show an intention to use it as a weapon.

    (2) [Repealed]

    Section 202C: inserted, on 28 October 1986, by section 5 of the Crimes Amendment Act (No 2) 1986 (1986 No 71).

    Section 202C(2): repealed, on 30 June 2002, by section 164(b) of the Sentencing Act 2002 (2002 No 9).

203 Endangering transport
  • [Repealed]

    Section 203: repealed, on 1 October 2003, by section 8 of the Crimes Amendment Act 2003 (2003 No 39).

204 Impeding rescue
  • (1) Every one is liable to imprisonment for a term not exceeding 10 years who, without lawful justification or excuse, prevents or impedes or attempts to prevent or impede any person who is attempting to save his own life or the life of any other person.

    (2) No one is guilty of an offence against this section who does any such act as aforesaid in the course of saving his own life or the life of any other person.

    Compare: 1908 No 32 s 201; Criminal Code (1954) s 227 (Canada)

Female genital mutilation

  • Heading: inserted, on 1 January 1996, by section 3 of the Crimes Amendment Act 1995 (1995 No 49).

204A Female genital mutilation
  • (1) For the purposes of this section,—

    female genital mutilation means the excision, infibulation, or mutilation of the whole or part of the labia majora, labia minora, or clitoris of any person

    midwife means a health practitioner who is, or is deemed to be, registered with the Midwifery Council established by section 114(3) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of midwifery

    sexual reassignment procedure means any surgical procedure that is performed for the purposes of altering (whether wholly or partly) the genital appearance of a person to the genital appearance of a person of the opposite sex

    trainee health professional means any person who is receiving training or gaining experience under the supervision of—

    • (a) a medical practitioner for the purpose of gaining registration as a medical practitioner; or

    • (b) a midwife for the purpose of gaining registration as a midwife.

    (2) Subject to subsection (3), every one is liable to imprisonment for a term not exceeding 7 years who performs, or causes to be performed, on any other person, any act involving female genital mutilation.

    (3) Nothing in subsection (2) applies in respect of—

    • (a) any medical or surgical procedure (including a sexual reassignment procedure) that is performed on any person—

      • (i) for the benefit of that person's physical or mental health; and

      • (ii) by a medical practitioner:

    • (b) any medical or surgical procedure that is performed on any person—

      • (i) while that person is in labour or immediately after that person gives birth; and

      • (ii) for the benefit of that person's health or the health of the child; and

      • (iii) by a medical practitioner or a midwife or a trainee health professional, or by any other person in any case where the case is urgent and no medical practitioner or midwife or trainee health professional is available.

    (4) In determining, for the purposes of subsection (3), whether or not any medical or surgical procedure is performed on any person for the benefit of that person's physical or mental health, no account shall be taken of the effect on that person of any belief on the part of that person or any other person that the procedure is necessary or desirable as, or as part of, a cultural, religious, or other custom or practice.

    (5) Nothing in subsection (3) limits or affects any enactment or rule of law relating to consent to any medical or surgical procedure or treatment.

    (6) It is no defence to a charge under this section that the person on whom the act involving female genital mutilation was performed consented to that act, or that the person charged believed that such consent had been given.

    (7) No person shall be charged as a party to an offence committed upon her against this section.

    Section 204A: inserted, on 1 January 1996, by section 3 of the Crimes Amendment Act 1995 (1995 No 49).

    Section 204A(1) midwife: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Section 204A(1) registered midwife: repealed, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Section 204A(1) trainee health professional paragraph (b): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Section 204A(3)(b)(iii): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

204B Further offences relating to female genital mutilation
  • (1) Every one is liable to imprisonment for a term not exceeding 7 years who, with intent that there be done, outside New Zealand, to or in relation to any child under the age of 17 years (being a child who is a New Zealand citizen or is ordinarily resident in New Zealand), any act which, if done in New Zealand, would be an offence against section 204A,—

    • (a) causes that child to be sent or taken out of New Zealand; or

    • (b) makes any arrangements for the purposes of causing that child to be sent or taken out of New Zealand.

    (2) Every one is liable to imprisonment for a term not exceeding 7 years who, in New Zealand, aids, incites, counsels, or procures the doing, outside New Zealand, in relation to any person who is a New Zealand citizen or is ordinarily resident in New Zealand, of any act which, if done in New Zealand, would be an offence against section 204A, whether or not the act is in fact done.

    (3) Every one is liable to imprisonment for a term not exceeding 7 years who, in New Zealand, incites, counsels, procures, or induces any person who is a New Zealand citizen or is ordinarily resident in New Zealand—

    • (a) to submit, outside New Zealand, to any act which, if done in New Zealand, would be an offence against section 204A; or

    • (b) to acquiesce in the doing, outside New Zealand, on that person, of any such act; or

    • (c) to permit any such act to be done, outside New Zealand, on that person,—

    whether or not, in any case, the act is in fact done.

    (4) It is no defence to a charge under subsection (2) or subsection (3) that the person on whom the act was done consented to that act, or that the person charged believed that such consent had been given.

    (5) No person shall be charged as a party to an offence committed in relation to her against subsection (2) or subsection (3).

    Section 204B: inserted, on 1 January 1996, by section 3 of the Crimes Amendment Act 1995 (1995 No 49).

Bigamy, feigned marriage

205 Bigamy defined
  • (1) Bigamy is—

    • (a) the act of a person who, being married, goes through form of marriage or civil union in New Zealand with a third person; or

    • (b) the act of a person who goes through a form of marriage in New Zealand with any other person whom he or she knows to be married or in a civil union; or

    • (c) the act of a New Zealand citizen, or a person ordinarily resident in New Zealand, who, being married or in a civil union, goes through a form of marriage with a third person anywhere outside New Zealand; or

    • (d) the act of a New Zealand citizen, or a person ordinarily resident in New Zealand, who goes through a form of marriage anywhere outside New Zealand with any other person whom he or she knows to be married or in a civil union; or

    • (e) the act of a person who, being in a civil union, goes through a form of civil union or marriage with a third person; or

    • (f) the act of a person who goes through a form of civil union with a person whom he or she knows to be in a civil union or to be married.

    (2) For the purposes of this section,—

    • (a) a form of marriage is any form of marriage recognised by the law of New Zealand, or by the law of the place where it is solemnised, as a valid form of marriage:

    • (b) a form of civil union is any form of civil union recognised under the Civil Union Act 2004 as a valid form of civil union under that Act:

    • (c) no form of marriage or civil union may be held to be an invalid form of marriage or civil union by reason of any act or omission of the person charged with bigamy, if it is otherwise a valid form.

    (3) It shall not be a defence to a charge of bigamy to prove that if the parties were unmarried or not in a civil union they would have been incompetent to contract marriage or enter into a civil union.

    (4) No person commits bigamy by going through a form of marriage or entering into a civil union if that person—

    • (a) has been continuously absent from his or her spouse or civil union partner (as the case may be) for 7 years then last past; and

    • (b) is not proved to have known that his or her spouse or civil union partner (as the case may be) was alive at any time during those 7 years.

    Compare: 1908 No 32 s 224

    Section 205(1)(a): amended, on 26 April 2005, by section 41(1)(a) of the Civil Union Act 2004 (2004 No 102).

    Section 205(1)(b): amended, on 26 April 2005, by section 41(1)(b) of the Civil Union Act 2004 (2004 No 102).

    Section 205(1)(c): amended, on 26 April 2005, by section 41(1)(c) of the Civil Union Act 2004 (2004 No 102).

    Section 205(1)(d): amended, on 26 April 2005, by section 41(1)(d) of the Civil Union Act 2004 (2004 No 102).

    Section 205(1)(e): added, on 26 April 2005, by section 41(2) of the Civil Union Act 2004 (2004 No 102).

    Section 205(1)(f): added, on 26 April 2005, by section 41(2) of the Civil Union Act 2004 (2004 No 102).

    Section 205(2)(b): substituted, on 26 April 2005, by section 41(3) of the Civil Union Act 2004 (2004 No 102).

    Section 205(2)(c): added, on 26 April 2005, by section 41(3) of the Civil Union Act 2004 (2004 No 102).

    Section 205(3): amended, on 26 April 2005, by section 41(4) of the Civil Union Act 2004 (2004 No 102).

    Section 205(4): amended, on 26 April 2005, by section 41(5)(a) of the Civil Union Act 2004 (2004 No 102).

    Section 205(4)(a): amended, on 26 April 2005, by section 41(5)(b) of the Civil Union Act 2004 (2004 No 102).

    Section 205(4)(b): amended, on 26 April 2005, by section 41(5)(b) of the Civil Union Act 2004 (2004 No 102).

206 Punishment of bigamy
  • Every one who commits bigamy is liable to imprisonment for a term not exceeding 7 years:

    provided that if the Judge is satisfied that the person with whom the offender went through the form of marriage or with whom the offender entered into a civil union, knew, at the time when the offence was committed, that the marriage or civil union would be void, the offender is liable to imprisonment for a term not exceeding 2 years.

    Compare: 1908 No 32 s 225

    Section 206 proviso: amended, on 26 April 2005, by section 42(a) of the Civil Union Act 2004 (2004 No 102).

    Section 206 proviso: amended, on 26 April 2005, by section 42(b) of the Civil Union Act 2004 (2004 No 102).

207 Feigned marriage or feigned civil union
  • (1) Everyone is liable to imprisonment for a term not exceeding 7 years who goes through a form of marriage or civil union with any other person, knowing that the marriage or civil union will be void for any reason other than that one of the parties is already married or in a civil union.

    (2) Provided that if the Judge is satisfied that that other person knew, at the time when the offence was committed, that the marriage or civil union would be void, the offender is liable to imprisonment for a term not exceeding 2 years.

    Section 207: substituted, on 26 April 2005, by section 43 of the Civil Union Act 2004 (2004 No 102).

Abduction, kidnapping

208 Abduction for purposes of marriage or sexual connection
  • Every one is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person without his or her consent or with his or her consent obtained by fraud or duress,—

    • (a) with intent to marry him or her; or

    • (b) with intent to have sexual connection with him or her; or

    • (c) with intent to cause him or her to be married to or to have sexual connection with some other person.

    Compare: 1908 No 32 s 226

    Section 208: substituted, on 20 May 2005, by section 9 of the Crimes Amendment Act 2005 (2005 No 41).

209 Kidnapping
  • Every one is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person without his or her consent or with his or her consent obtained by fraud or duress,—

    • (a) with intent to hold him or her for ransom or to service; or

    • (b) with intent to cause him or her to be confined or imprisoned; or

    • (c) with intent to cause him or her to be sent or taken out of New Zealand.

    Compare: Criminal Code (1954) s 233 (Canada)

    Section 209: substituted, on 20 May 2005, by section 9 of the Crimes Amendment Act 2005 (2005 No 41).

209A Young person under 16 cannot consent to being taken away or detained
  • For the purposes of sections 208 and 209, a person under the age of 16 years cannot consent to being taken away or detained.

    Section 209A: inserted, on 20 May 2005, by section 9 of the Crimes Amendment Act 2005 (2005 No 41).

210 Abduction of young person under 16
  • (1) Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to deprive a parent or guardian or other person having the lawful care or charge of a young person of the possession of the young person, unlawfully takes or entices away or detains the young person.

    (2) Every one is liable to imprisonment for a term not exceeding 7 years who receives a young person, knowing that he or she has been unlawfully taken or enticed away or detained with intent to deprive a parent or guardian or other person having the lawful care or charge of him or her of the possession of him or her.

    (3) For the purposes of subsections (1) and (2),—

    • (a) it is immaterial whether the young person consents, or is taken or goes or is received at his or her own suggestion; and

    • (b) it is immaterial whether the offender believes the young person to be of or over the age of 16.

    (4) In this section young person means a person under the age of 16 years.

    Compare: 1908 No 32 ss 229, 230; 1941 No 10 part Schedule; 1952 No 42 s 3

    Section 210: substituted, on 20 May 2005, by section 9 of the Crimes Amendment Act 2005 (2005 No 41).

210A People claiming in good faith right to possession of young person under 16
  • A person who claims in good faith a right to the possession of a young person under the age of 16 years cannot be convicted of an offence against section 209 or section 210 because he or she gets possession of the young person.

    Section 210A: inserted, on 20 May 2005, by section 9 of the Crimes Amendment Act 2005 (2005 No 41).

Part 9
Crimes against reputation

[Repealed]

  • Part 9: repealed, on 1 February 1993, by section 56(2) of the Defamation Act 1992 (1992 No 105).

211 Criminal libel and publishing defined
  • [Repealed]

    Section 211: repealed, on 1 February 1993, by section 56(2) of the Defamation Act 1992 (1992 No 105).

212 Publishing upon invitation
  • [Repealed]

    Section 212: repealed, on 1 February 1993, by section 56(2) of the Defamation Act 1992 (1992 No 105).

213 No prosecution without leave of Judge
  • [Repealed]

    Section 213: repealed, on 1 February 1993, by section 56(2) of the Defamation Act 1992 (1992 No 105).

214 Plea of justification
  • [Repealed]

    Section 214: repealed, on 1 February 1993, by section 56(2) of the Defamation Act 1992 (1992 No 105).

215 Punishment of criminal libel
  • [Repealed]

    Section 215: repealed, on 1 February 1993, by section 56(2) of the Defamation Act 1992 (1992 No 105).

216 Criminal slander
  • [Repealed]

    Section 216: repealed, on 1 February 1993, by section 56(2) of the Defamation Act 1992 (1992 No 105).

Part 9A
Crimes against personal privacy

  • Part 9A: inserted, on 6 August 1979, by section 2 of the Crimes Amendment Act 1979 (1979 No 5).

216A Interpretation
  • (1) In this Part, unless the context otherwise requires,—

    intercept, in relation to a private communication, includes hear, listen to, record, monitor, acquire, or receive the communication either—

    • (a) while it is taking place; or

    • (b) while it is in transit

    interception device

    • (a) means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept a private communication; but

    • (b) does not include—

      • (i) a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing; or

      • (ii) a device exempted from the provisions of this Part by the Governor-General by Order in Council, either generally or in such places or circumstances or subject to such other conditions as may be specified in the order

    private communication

    • (a) means a communication (whether in oral or written form or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but

    • (b) does not include such a communication occurring in circumstances in which any party ought reasonably to expect that the communication may be intercepted by some other person not having the express or implied consent of any party to do so.

    (2) Any Order in Council exempting a device from the provisions of this Part expires 2 years after it is made.

    (2) A reference in this Part to a party to a private communication is a reference to—

    • (a) any originator of the communication and any person intended by the originator to receive it; and

    • (b) a person who, with the express or implied consent of any originator of the communication or any person intended by the originator to receive it, intercepts the communication.

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

    Section 216A(1): substituted, on 1 October 2003, by section 9 of the Crimes Amendment Act 2003 (2003 No 39).

    Section 216A first subsection (2): inserted, on 1 October 2003, by section 9 of the Crimes Amendment Act 2003 (2003 No 39).

216B Prohibition on use of interception devices
  • (1) Subject to subsections (2) to (5), every one is liable to imprisonment for a term not exceeding 2 years who intentionally intercepts any private communication by means of an interception device.

    (2) Subsection (1) does not apply where the person intercepting the private communication—

    • (a) is a party to that private communication; or

    (3) Subsection (1) does not apply to the interception by any constable of a private communication by means of an interception device where—

    • (a) an emergency has arisen in which there are reasonable grounds for believing that any person (in this section referred to as the suspect) is threatening the life of, or serious injury to, any other person in his presence or in the immediate vicinity; and

    • (b) the use of the interception device by that constable is authorised by a constable who is of or above the level of position of inspector who believes on reasonable grounds that the use of the interception device to intercept any private communication to which the suspect is a party during the emergency will facilitate the protection of any person who is threatened by the suspect.

    (4) Subsection (1) does not apply to any monitoring of a prisoner call under section 113 of the Corrections Act 2004 or any interception of a private communication if the interception is authorised under section 189B of that Act.

    (5) Subsection (1) does not apply to the interception of private communications by any interception device operated by a person engaged in providing an Internet or other communication service to the public if—

    • (a) the interception is carried out by an employee of the person providing that Internet or other communication service to the public in the course of that person's duties; and

    • (b) the interception is carried out for the purpose of maintaining that Internet or other communication service; and

    • (c) the interception is necessary for the purpose of maintaining the Internet or other communication service; and

    • (d) the interception is only used for the purpose of maintaining the Internet or other communication service.

    (6) Information obtained under subsection (5) must be destroyed immediately if it is no longer needed for the purpose of maintaining the Internet or other communication service.

    (7) Any information held by any person that was obtained while assisting with the execution of an interception warrant must, upon expiry of the warrant, be—

    • (a) destroyed immediately; or

    • (b) given to the agency executing the warrant.

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

    Section 216B heading: amended, on 1 October 2003, by section 10(1) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 216B(1): amended, on 1 October 2003, by section 10(2) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 216B(1): amended, on 1 October 2003, by section 10(3) of the Crimes Amendment Act 2003 (2003 No 39)

    Section 216B(1): amended, on 14 October 1999, by section 10(1) of the Penal Institutions Amendment Act 1999 (1999 No 114).

    Section 216B(2): substituted, on 1 February 1998, by section 4(1) of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 216B(2)(b)(ii): repealed, on 1 October 2003, by section 10(4) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 216B(2)(b)(iiia): inserted, on 2 April 2003, by section 26(1) of the Government Communications Security Bureau Act 2003 (2003 No 9).

    Section 216B(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 216B(3): amended, on 1 October 2003, by section 10(3) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 216B(3): amended, on 1 February 1998, by section 4(2)(a) of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 216B(3)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 216B(3)(b): amended, on 1 October 2008, pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).

    Section 216B(3)(b): amended, on 1 October 2003, by section 10(5) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 216B(3)(b): amended, on 1 February 1998, by section 4(2)(b) of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 216B(4): added, on 14 October 1999, by section 10(2) of the Penal Institutions Amendment Act 1999 (1999 No 114).

    Section 216B(4): amended, on 3 April 2009, by section 35(2)(a) of the Corrections Amendment Act 2009 (2009 No 3).

    Section 216B(4): amended, on 3 April 2009, by section 35(2)(b) of the Corrections Amendment Act 2009 (2009 No 3).

    Section 216B(4): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 216B(5): added, on 1 October 2003, by section 10(6) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 216B(6): added, on 1 October 2003, by section 10(6) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 216B(7): added, on 1 October 2003, by section 10(6) of the Crimes Amendment Act 2003 (2003 No 39).

216C Prohibition on disclosure of private communications unlawfully intercepted
  • (1) Subject to subsection (2), where a private communication has been intercepted in contravention of section 216B, every one is liable to imprisonment for a term not exceeding 2 years who intentionally—

    • (a) discloses the private communication, or the substance, meaning, or purport of the communication, or any part of it; or

    • (b) discloses the existence of the private communication,—

    if he knows that it has come to his knowledge as a direct or indirect result of a contravention of section 216B.

    (2) Subsection (1) does not apply where the disclosure is made—

    • (a) to a party to the communication or with the express or implied consent of such a party; or

    • (b) in the course, or for the purpose, of—

      • (i) an investigation by the Police into an alleged offence against this section or section 216B; or

      • (ii) giving evidence in any civil or criminal proceedings relating to the unlawful interception of a private communication by means of an interception device or the unlawful disclosure of a private communication unlawfully intercepted by that means; or

      • (iii) giving evidence in any other civil or criminal proceeding where that evidence is not rendered inadmissible by the Evidence Act 2006 or section 25 of the Misuse of Drugs Amendment Act 1978 or any other enactment or rule of law; or

      • (iv) determining whether the disclosure is admissible in any civil or criminal proceedings.

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

    Section 216C(2)(b)(ii): amended, on 1 October 2003, by section 11 of the Crimes Amendment Act 2003 (2003 No 39).

    Section 216C(2)(b)(iii): amended, on 1 August 2007, by section 216 of the Evidence Act 2006 (2006 No 69).

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

    • (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 possession for the purpose of sale or supply to any other person,—

    any interception device—

    • (i) the sole or principal purpose of which he knows to be the surreptitious interception of private communications; or

    • (ii) that he holds out as being useful for the surreptitious interception of private communications (whether or not he 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 did any act referred to in any of paragraphs (a) to (d) of subsection (1) he believed that the other person referred to in the relevant paragraph was a constable, or an officer of the New Zealand Security Intelligence Service or the Government Communications Security Bureau, acting in the course of his official duties; or

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

      • (i) he 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 officer of the New Zealand Security Intelligence Service or the Government Communications Security Bureau, he supplied the interception device in the course of his 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 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 216B(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).

216E Forfeiture
  • Where any person is convicted of a crime against section 216B or section 216D in respect of any interception devices the sole or principal purpose of which is the surreptitious interception of private communications, the court may, as part of the sentence, order that the interception devices shall be forfeited; and, in such a case, the interception devices shall thereupon become forfeited to the Crown accordingly, and may be disposed of in such manner as the Commissioner of Police directs.

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

    Section 216E: amended, on 1 October 2003, by section 13 of the Crimes Amendment Act 2003 (2003 No 39).

216F Unlawful disclosure
  • (1) An unlawful disclosure is—

    • (a) the intentional and unauthorised disclosure of the existence of an interception warrant to be exercised by a constable if the disclosure would, or is likely to, prejudice an investigation; or

    • (b) the intentional and unauthorised disclosure of—

      • (i) any information gained when undertaking maintenance of a communication service; or

      • (ii) any information gained when assisting with the execution of an interception warrant other than to the agency executing the warrant.

    (2) Despite anything in subsection (1)(b)(i), a person may disclose information to any constable if the information appears to relate to the commission of a crime that has caused or could cause serious harm to any person.

    (3) Every person who makes an unlawful disclosure is liable to imprisonment for a term not exceeding 2 years.

    Section 216F: inserted, on 1 October 2003, by section 14 of the Crimes Amendment Act 2003 (2003 No 39).

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

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

Intimate visual recordings

  • Heading: inserted, on 5 December 2006, by section 4 of the Crimes (Intimate Covert Filming) Amendment Act 2006 (2006 No 75).

216G Intimate visual recording defined
  • (1) In sections 216H to 216N, intimate visual recording means a visual recording (for example, a photograph, videotape, or digital image) that is made in any medium using any device without the knowledge or consent of the person who is the subject of the recording, and the recording is of—

    • (a) a person who is in a place which, in the circumstances, would reasonably be expected to provide privacy, and that person is—

      • (i) naked or has his or her genitals, pubic area, buttocks, or female breasts exposed, partially exposed, or clad solely in undergarments; or

      • (ii) engaged in an intimate sexual activity; or

      • (iii) engaged in showering, toileting, or other personal bodily activity that involves dressing or undressing; or

    • (b) a person's naked or undergarment-clad genitals, pubic area, buttocks, or female breasts which is made—

      • (i) from beneath or under a person's clothing; or

      • (ii) through a person's outer clothing in circumstances where it is unreasonable to do so.

    (2) In section 216H, intimate visual recording includes an intimate visual recording that is made and transmitted in real time without retention or storage in—

    • (a) a physical form; or

    • (b) an electronic form from which the recording is capable of being reproduced with or without the aid of any device or thing.

    Section 216G: inserted, on 5 December 2006, by section 4 of the Crimes (Intimate Covert Filming) Amendment Act 2006 (2006 No 75).

216H Prohibition on making intimate visual recording
  • Everyone is liable to imprisonment for a term not exceeding 3 years who intentionally or recklessly makes an intimate visual recording of another person.

    Section 216H: inserted, on 5 December 2006, by section 4 of the Crimes (Intimate Covert Filming) Amendment Act 2006 (2006 No 75).

216I Prohibition on possessing intimate visual recording in certain circumstances
  • (1) Everyone is liable to imprisonment for a term not exceeding 3 years who has in his or her possession an intimate visual recording—

    • (a) for the purpose of publishing, exporting or selling the intimate visual recording; and

    • (b) knowing it to be an intimate visual recording, or being reckless as to whether it is an intimate visual recording.

    (2) Everyone is liable to imprisonment for a term not exceeding 1 year who, without reasonable excuse, has in his or her possession an intimate visual recording knowing it to be an intimate visual recording.

    Section 216I: inserted, on 5 December 2006, by section 4 of the Crimes (Intimate Covert Filming) Amendment Act 2006 (2006 No 75).

216J Prohibition on publishing, importing, exporting, or selling intimate visual recording
  • (1) Everyone is liable to imprisonment for a term not exceeding 3 years who, knowing that a visual recording is an intimate visual recording, or being reckless as to whether a visual recording is an intimate visual recording,—

    • (a) publishes in New Zealand the intimate visual recording:

    • (b) imports into New Zealand the intimate visual recording:

    • (c) exports from New Zealand the intimate visual recording:

    • (d) sells the intimate visual recording.

    (2) In this section, unless the context otherwise requires,—

    publishes means any of the following:

    • (a) displays by any means:

    • (b) sends to any person by any means:

    • (c) distributes by any means:

    • (d) conveys by electronic medium:

    • (e) stores electronically in a way that is accessible by any other person or persons

    sells means sells in a physical form or by electronic medium, and includes—

    • (a) offers for sale:

    • (b) agrees to sell.

    Section 216J: inserted, on 5 December 2006, by section 4 of the Crimes (Intimate Covert Filming) Amendment Act 2006 (2006 No 75).

216K Exceptions to prohibition in section 216J
  • (1) Nothing in section 216J(1)(a), (b), or (c) applies to anything done by any person in the course of, or in connection with, exercising or performing any powers, duties, or functions under any enactment.

    (2) Nothing in section 216J(1)(a) applies to any person by reason only of that person publishing an intimate visual recording to a person referred to in section 216N(1).

    (3) Nothing in section 216J applies to any person who, not knowing or suspecting that a visual recording is an intimate visual recording, facilitates access to that recording by reason only of providing some or all of the means necessary for—

    • (a) delivery of the recording in physical form (for example, by a postal operator or courier); or

    • (b) transmission (other than by broadcasting) of the recording (for example, by a network operator or service provider providing only a network or facility through which a recording is transmitted); or

    • (c) storage of the recording electronically in a way that is accessible by any other person or persons.

    (4) In subsection (3), unless the context otherwise requires,—

    courier means a person carrying on business as a courier

    network operator has the same meaning as in section 3(1) of the Telecommunications (Interception Capability) Act 2004

    postal operator has the same meaning as in section 2(1) of the Postal Services Act 1998

    public data network has the same meaning as in section 5 of the Telecommunications Act 2001

    service provider

    • (a) means a person providing Internet access, email access, or both of those facilities, by means of a public data network; but

    • (b) does not include a network operator.

    Section 216K: inserted, on 5 December 2006, by section 4 of the Crimes (Intimate Covert Filming) Amendment Act 2006 (2006 No 75).

216L Disposal and forfeiture
  • (1) Where any person is convicted of an offence against section 216H or section 216I or section 216J, the court may, in addition to or instead of passing any other sentence or making any other order in respect of the offence, order that the intimate visual recording be destroyed within 10 working days from the making of the order, and that the recording in the meantime be impounded.

    (2) Where any person is convicted of an offence against section 216H or section 216I or section 216J, the court may, in addition to or instead of passing any other sentence or making any other order in respect of the offence, order that any equipment, goods, or other thing used in respect of the commission of the offence be forfeited to the Crown; and anything so forfeited must be sold, destroyed, or otherwise disposed of as the Minister of Justice directs.

    (3) Before making an order under subsection (1) or subsection (2), the court must give the following persons an opportunity to be heard:

    • (a) the person convicted; and

    • (b) any other person who, in the opinion of the court, would be directly affected by the making of the order.

    (4) If the court is satisfied that the intimate visual recording that was the subject of the prosecution, or any equipment, goods, or other thing used in respect of the commission of the offence, should be delivered to a person other than the person convicted, it may so order.

    Section 216L: inserted, on 5 December 2006, by section 4 of the Crimes (Intimate Covert Filming) Amendment Act 2006 (2006 No 75).

216M Effect of appeal on order made under section 216L
  • (1) If any person is convicted of an offence against section 216H or section 216I or section 216J, and any order is made under section 216L, the operation of the order is suspended,—

    • (a) in any case, until the expiration of the time prescribed in the Summary Proceedings Act 1957 or this Act for the filing of a notice of appeal or an application for leave to appeal; and

    • (b) if a notice of appeal is filed within the time so prescribed, until the determination of the appeal; and

    • (c) if the application for leave to appeal is filed within the time so prescribed, until the application is determined, and, if leave to appeal is granted, until the determination of the appeal.

    (2) If the operation of any order is suspended until the determination of the appeal, the court determining the appeal may, by order, cancel or vary the order.

    Section 216M: inserted, on 5 December 2006, by section 4 of the Crimes (Intimate Covert Filming) Amendment Act 2006 (2006 No 75).

216N Protection from liability
  • (1) This section applies to the following persons:

    • (a) any constable; and

    • (b) any Customs officer; and

    • (c) any officer or employee of the New Zealand Security Intelligence Service; and

    • (d) any employee of the Department of Corrections and any other employee exercising powers or functions under the Corrections Act 2004; and

    • (e) any lawyer or agent—

      • (i) giving legal advice in relation to an intimate visual recording; or

      • (ii) giving legal advice, or making representations, in relation to any civil or criminal proceedings; and

    • (f) any other person or member of a class of persons prescribed in regulations made under this Act; and

    • (g) the person who is the subject of an intimate visual recording.

    (2) No person referred to in subsection (1)(g) commits an offence against section 216I or section 216J by possessing or publishing the intimate visual recording.

    (3) No other person to whom this section applies commits an offence against section 216H or section 216I or section 216J(1)(a) or (b) or (c) by making, possessing, or publishing any intimate visual recording for the purpose of, or in the course of, carrying out the functions set out in subsection (5).

    (4) Subsection (3) does not apply in respect of anything done in bad faith or without reasonable cause.

    (5) The functions referred to in subsection (3) are functions relating to—

    • (a) the prevention, detection, investigation, prosecution, or punishment of offences:

    • (b) the conduct of proceedings in any court or tribunal:

    • (c) security or safety.

    (6) Subsections (1) to (3) apply despite the fact that, but for this section, the act would have otherwise constituted an offence.

    (7) Where a person to whom subsection (1)(a) to (f) applies has in his or her possession an intimate visual recording, the recording must not be kept longer than is required for the purpose of carrying out the functions referred to in subsection (5), and must then either be—

    • (a) made available to the person who is the subject of the recording, if that person requests; or

    • (b) immediately destroyed if the person who is the subject of the recording makes no request under paragraph (a).

    Section 216N: inserted, on 5 December 2006, by section 4 of the Crimes (Intimate Covert Filming) Amendment Act 2006 (2006 No 75).

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

Part 10
Crimes against rights of property

  • Part 10: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

Interpretation

  • Heading: inserted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

217 Interpretation
  • In this Part, unless the context otherwise requires,—

    dishonestly, in relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority

    document means a document, or part of a document, in any form; and includes, without limitation,—

    • (a) any paper or other material used for writing or printing that is marked with matter capable of being read; or

    • (b) any photograph, or any photographic negative, plate, slide, film, or microfilm, or any photostatic negative; or

    • (c) any disc, tape, wire, sound track, card, or other material or device in or on which information, sounds, or other data are recorded, stored (whether temporarily or permanently), or embodied so as to be capable, with or without the aid of some other equipment, of being reproduced; or

    • (d) any material by means of which information is supplied, whether directly or by means of any equipment, to any device used for recording or storing or processing information; or

    • (e) any material derived, whether directly or by means of any equipment, from information recorded or stored or processed by any device used for recording or storing or processing information

    obtain, in relation to any person, means obtain or retain for himself or herself or for any other person.

    Compare: 1961 No 43 ss 217, 218, 263

    Section 217: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

Unlawful taking

  • Heading: inserted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

218 Matters of ownership
  • (1) For the purposes of this Part, a person is to be regarded as the owner of any property that is stolen if, at the time of the theft, that person has—

    • (a) possession or control of the property; or

    • (b) any interest in the property; or

    • (c) the right to take possession or control of the property.

    (2) An owner of any property may be guilty of theft against another owner of that property.

    (3) All living creatures wild by nature, such as are not commonly found in a condition of natural liberty in New Zealand, are, if kept in a state of confinement, capable of being stolen, not only while so confined, but after they have escaped from confinement.

    (4) All other living creatures wild by nature are, if kept in a state of confinement, capable of being stolen so long as they remain in confinement, or are being pursued upon escaping from confinement.

    (5) A wild living creature is in a state of confinement so long as it is in an enclosure designed to prevent escape, or otherwise secured, and to allow its owner to take possession of it when he or she pleases.

    (6) Shellfish of all types are capable of being stolen when in oyster beds, marine farms, layings, and fisheries that are the property of any person and that are sufficiently marked out or shown as such property.

    Compare: 1961 No 43 ss 219, 225

    Section 218: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

219 Theft or stealing
  • (1) Theft or stealing is the act of,—

    • (a) dishonestly and without claim of right, taking any property with intent to deprive any owner permanently of that property or of any interest in that property; or

    • (b) dishonestly and without claim of right, using or dealing with any property with intent to deprive any owner permanently of that property or of any interest in that property after obtaining possession of, or control over, the property in whatever manner.

    (2) An intent to deprive any owner permanently of property includes an intent to deal with property in such a manner that—

    • (a) the property cannot be returned to any owner in the same condition; or

    • (b) any owner is likely to be permanently deprived of the property or of any interest in the property.

    (3) In this section, taking does not include obtaining ownership or possession of, or control over, any property with the consent of the person from whom it is obtained, whether or not consent is obtained by deception.

    (4) For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.

    Compare: 1961 No 43 s 220(1), (2), (5)

    Section 219: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

220 Theft by person in special relationship
  • (1) This section applies to any person who has received or is in possession of, or has control over, any property on terms or in circumstances that the person knows require the person—

    • (a) to account to any other person for the property, or for any proceeds arising from the property; or

    • (b) to deal with the property, or any proceeds arising from the property, in accordance with the requirements of any other person.

    (2) Every one to whom subsection (1) applies commits theft who intentionally fails to account to the other person as so required or intentionally deals with the property, or any proceeds of the property, otherwise than in accordance with those requirements.

    (3) This section applies whether or not the person was required to deliver over the identical property received or in the person's possession or control.

    (4) For the purposes of subsection (1), it is a question of law whether the circumstances required any person to account or to act in accordance with any requirements.

    Compare: 1961 No 43 ss 222, 223, 224

    Section 220: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

221 Theft of animals
  • Every one commits theft if he or she kills any animal that is the property of any other person with intent to steal the carcass, skin, or plumage, or any other part, of the animal.

    Compare: 1961 No 43 s 221

    Section 221: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

222 Theft by spouse or partner
  • A person may be convicted of theft of another person's property even though those persons were married to, or in a civil union or a de facto relationship with, each other at the time of the theft.

    Compare: 1961 No 43 s 226

    Section 222: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

    Section 222 heading: amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

    Section 222: amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

223 Punishment of theft
  • Every one who commits theft is liable as follows:

    • (a) in the case of any offence against section 220, to imprisonment for a term not exceeding 7 years; or

    • (b) if the value of the property stolen exceeds $1,000, to imprisonment for a term not exceeding 7 years; or

    • (c) if the value of the property stolen exceeds $500 but does not exceed $1,000, to imprisonment for a term not exceeding 1 year; or

    • (d) if the value of the property stolen does not exceed $500, to imprisonment for a term not exceeding 3 months.

    Compare: 1961 No 43 s 227

    Section 223: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

224 Power of search for goods stolen or unlawfully obtained in transit
  • (1) This section applies if—

    • (a) any constable has reasonable grounds for believing that any property that has been stolen or unlawfully obtained is—

      • (i) in the possession of any person; or

      • (ii) in any container, package, or receptacle; or

      • (iii) in or on any aircraft, hovercraft, or ship or ferry or other vessel, train, or vehicle; and

    • (b) the person, container, package, receptacle, aircraft, hovercraft, or ship or ferry or other vessel, train, or vehicle is—

      • (i) in any airport or in or on any port or harbour or waterway; or

      • (ii) in or on any railway or railway line or railway station or in any depot, terminus, or yard; or

      • (iii) in or on any other place used between trips by vehicles engaged in the carriage of goods for reward.

    (2) In the circumstances specified in subsection (1), the constable may, without warrant, search and detain for the purpose of searching the person, container, package, receptacle, aircraft, hovercraft, or ship or ferry or other vessel, train, or vehicle, and may take possession of any property described in subsection (1)(a) found during the search.

    (3) If it is necessary for any constable to stop a vehicle for the purpose of exercising the power conferred by subsection (2) to search a person who is in the vehicle, sections 314A to 314D apply with any necessary modifications as if references in those sections to a statutory search power were references to the power to search a person under subsection (2).

    (4) Subsection (3) does not limit the application of sections 314A to 314D in respect of the stopping of any vehicle for the purpose of exercising the power to search the vehicle under subsection (2).

    (5) Any constable conducting a search under subsection (2) may use reasonable force, if necessary,—

    • (a) to break open any container, package, or receptacle:

    • (b) to effect entry to any aircraft, hovercraft, or ship or ferry or other vessel, train, or vehicle.

    Compare: 1961 No 43 s 227A

    Section 224: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

    Section 224(1)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 224(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 224(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 224(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

225 Power to search vehicles for goods stolen or obtained by crimes involving dishonesty
  • (1) Any constable who has reasonable grounds for believing that any property that is stolen or obtained by a crime involving dishonesty is in or on any vehicle may, without warrant, search that vehicle for the purpose of locating that property.

    (2) Any constable conducting a search under subsection (1) may use reasonable force, if necessary, to effect entry to the vehicle.

    (3) During a search under subsection (1), any constable may seize any property that is—

    • (a) stolen or obtained by a crime involving dishonesty; and

    • (b) found in or on the vehicle.

    (4) Every constable must, before conducting a search under subsection (1),—

    • (a) identify himself or herself to any person in or on the vehicle; and

    • (b) if the constable is not in uniform and if so required, produce evidence that the constable is a constable; and

    • (c) tell any person in or on the vehicle that the search is being conducted under this section.

    Compare: 1961 No 43 s 227B

    Section 225: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

    Section 225(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 225(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 225(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 225(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 225(4)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

226 Conversion of vehicle or other conveyance
  • (1) Every one is liable to imprisonment for a term not exceeding 7 years who, dishonestly and without claim of right, but not so as to be guilty of theft, takes or uses for his or her own purposes or another person's purposes—

    • (a) any vehicle, ship, or aircraft; or

    • (b) any part of any vehicle, ship, or aircraft; or

    • (c) any horse.

    (2) Every one is liable to imprisonment for a term not exceeding 2 years who attempts to commit the offence in subsection (1) or who, dishonestly and without claim of right, interferes with, or gets into or upon, any vehicle, ship, or aircraft.

    Compare: 1961 No 43 s 228

    Section 226: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

227 Being in possession of instrument for conversion
  • Every one is liable to imprisonment for a term not exceeding 1 year who, without lawful authority or excuse, has in his or her possession any instrument capable of being used for taking or converting any vehicle, ship, or aircraft with intent to use it for such a purpose.

    Compare: 1961 No 43 s 229

    Section 227: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

227A Power of search for goods stolen or unlawfully obtained in transit
  • [Repealed]

    Section 227A: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

227B Power to search vehicles for goods stolen or obtained by crimes involving dishonesty
  • [Repealed]

    Section 227B: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

228 Dishonestly taking or using document
  • Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to obtain any property, service, pecuniary advantage, or valuable consideration,—

    • (a) dishonestly and without claim of right, takes or obtains any document; or

    • (b) dishonestly and without claim of right, uses or attempts to use any document.

    Compare: 1961 No 43 s 229A

    Section 228: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

229 Criminal breach of trust
  • (1) Every one is guilty of a criminal breach of trust who, as a trustee of any trust, dishonestly and contrary to the terms of that trust, converts anything to any use not authorised by the trust.

    (2) Every trustee who commits a criminal breach of trust is liable to imprisonment for a term not exceeding 7 years.

    Compare: 1961 No 43 s 230

    Section 229: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

229A Taking or dealing with certain documents with intent to defraud
  • [Repealed]

    Section 229A: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

230 Taking, obtaining, or copying trade secrets
  • (1) Every one is liable to imprisonment for a term not exceeding 5 years who, with intent to obtain any pecuniary advantage or to cause loss to any other person,—

    • (a) dishonestly and without claim of right, takes, obtains, or copies any document or any model or other depiction of any thing or process containing or embodying any trade secret, knowing that it contains or embodies a trade secret; or

    • (b) dishonestly and without claim of right, takes or obtains any copy of any document or any model or other depiction of any thing or process containing or embodying any trade secret, knowing that it contains or embodies a trade secret.

    (2) For the purposes of this section, trade secret means any information that—

    • (a) is, or has the potential to be, used industrially or commercially; and

    • (b) is not generally available in industrial or commercial use; and

    • (c) has economic value or potential economic value to the possessor of the information; and

    • (d) is the subject of all reasonable efforts to preserve its secrecy.

    Section 230: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

Burglary

  • Heading: inserted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

231 Burglary
  • (1) Every one commits burglary and is liable to imprisonment for a term not exceeding 10 years who—

    • (a) enters any building or ship, or part of a building or ship, without authority and with intent to commit a crime in the building or ship; or

    • (b) having entered any building or ship, remains in it without authority and with intent to commit a crime in the building or ship.

    (2) In this section and in section 232, building means any building or structure of any description, whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel.

    (3) For the purposes of this section and section 232,—

    • (a) entrance into a building or ship is made as soon as any part of the body of the person making the entrance, or any part of any instrument used by that person, is within the building or ship; and

    • (b) every one who gains entrance to a building or ship by any threat or artifice used for that purpose is to be treated as having entered without authority.

    Compare: 161 No 43 ss 240, 241, 242

    Section 231: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

232 Aggravated burglary
  • (1) Every one is liable to imprisonment for a term not exceeding 14 years who,—

    • (a) while committing burglary, has a weapon with him or her or uses any thing as a weapon; or

    • (b) having committed burglary, has a weapon with him or her, or uses any thing as a weapon, while still in the building or ship.

    (2) Every one is liable to imprisonment for a term not exceeding 5 years who is armed with a weapon with intent to commit burglary.

    Compare: 1961 No 43 ss 240A, 243

    Section 232: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

233 Being disguised or in possession of instrument for burglary
  • (1) Every one is liable to imprisonment for a term not exceeding 3 years who, without lawful authority or excuse,—

    • (a) has in his or her possession any instrument capable of being used for burglary with intent to use it for such a purpose; or

    • (b) has his or her face covered or is otherwise disguised with intent to commit any crime.

    (2) If any person is convicted of being in possession of an instrument for burglary, the court may, if it thinks fit, order the instrument to be forfeited to the Crown or disposed of as the court directs at the expense of the convicted person, and may order the person to pay any reasonable cost incurred by the Commissioner of Police in retaining the instrument.

    Compare: 1961 No 43 s 244; 1999 No 93 s 97(d)

    Section 233: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

Robbery and blackmail

  • Heading: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

234 Robbery
  • (1) Robbery is theft accompanied by violence or threats of violence, to any person or property, used to extort the property stolen or to prevent or overcome resistance to its being stolen.

    (2) Every one who commits robbery is liable to imprisonment for a term not exceeding 10 years.

    Compare: 1961 No 43 s 234

    Section 234: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

235 Aggravated robbery
  • Every one is liable to imprisonment for a term not exceeding 14 years who—

    • (a) robs any person and, at the time of, or immediately before or immediately after, the robbery, causes grievous bodily harm to any person; or

    • (b) being together with any other person or persons, robs any person; or

    • (c) being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, robs any other person.

    Compare: 1961 No 43 s 235

    Section 235: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

236 Assault with intent to rob
  • (1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to rob any person,—

    • (a) causes grievous bodily harm to that person or any other person; or

    • (b) being armed with any offensive weapon or instrument, or any thing appearing to be such a weapon or instrument, assaults that person or any other person; or

    • (c) being together with any other person or persons, assaults that person or any other person.

    (2) Every one who assaults any person with intent to rob that person or any other person is liable to imprisonment for a term not exceeding 7 years.

    Compare: 1961 No 43 ss 235(1), 237

    Section 236: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

237 Blackmail
  • (1) Every one commits blackmail who threatens, expressly or by implication, to make any accusation against any person (whether living or dead), to disclose something about any person (whether living or dead), or to cause serious damage to property or endanger the safety of any person with intent—

    • (a) to cause the person to whom the threat is made to act in accordance with the will of the person making the threat; and

    • (b) to obtain any benefit or to cause loss to any other person.

    (2) Every one who acts in the manner described in subsection (1) is guilty of blackmail, even though that person believes that he or she is entitled to the benefit or to cause the loss, unless the making of the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose.

    (3) In this section and in section 239, benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.

    Compare: 1961 No 43 s 238

    Section 237: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

238 Punishment of blackmail
  • Every one who commits blackmail is liable to imprisonment for a term not exceeding 14 years.

    Compare: 1961 No 43 s 238(1)

    Section 238: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

239 Demanding with intent to steal, etc
  • (1) Every one is liable to imprisonment for a term not exceeding 14 years who, without claim of right, by force or with any threat, compels any person to execute, make, accept, endorse, alter, or destroy any document capable of conferring a pecuniary advantage with intent to obtain any benefit.

    (2) Every one is liable to imprisonment for a term not exceeding 7 years who, with menaces or by any threat, demands any property from any persons with intent to steal it.

    Compare: 1961 No 43 ss 236, 239

    Section 239: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

Crimes involving deceit

  • Heading: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

240 Obtaining by deception or causing loss by deception
  • (1) Every one is guilty of obtaining by deception or causing loss by deception who, by any deception and without claim of right,—

    • (a) obtains ownership or possession of, or control over, any property, or any privilege, service, pecuniary advantage, benefit, or valuable consideration, directly or indirectly; or

    • (b) in incurring any debt or liability, obtains credit; or

    • (c) induces or causes any other person to deliver over, execute, make, accept, endorse, destroy, or alter any document or thing capable of being used to derive a pecuniary advantage; or

    • (d) causes loss to any other person.

    (2) In this section, deception means—

    • (a) a false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and—

      • (i) knows that it is false in a material particular; or

      • (ii) is reckless as to whether it is false in a material particular; or

    • (b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or

    • (c) a fraudulent device, trick, or stratagem used with intent to deceive any person.

    Compare: 1961 No 43 ss 246, 247, 270

    Section 240: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

240A Aggravated burglary
  • [Repealed]

    Section 240A: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

241 Punishment of obtaining by deception or causing loss by deception
  • Every one who is guilty of obtaining by deception or causing loss by deception is liable as follows:

    • (a) if the loss caused or the value of what is obtained or sought to be obtained exceeds $1,000, to imprisonment for a term not exceeding 7 years:

    • (b) if the loss caused or the value of what is obtained or sought to be obtained exceeds $500 but does not exceed $1,000, to imprisonment for a term not exceeding 1 year:

    • (c) if the loss caused or the value of what is obtained or sought to be obtained does not exceed $500, to imprisonment for a term not exceeding 3 months.

    Compare: 1961 No 43 s 246(2)

    Section 241: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

242 False statement by promoter, etc
  • (1) Every one is liable to imprisonment for a term not exceeding 10 years who, in respect of any body, whether incorporated or unincorporated and whether formed or intended to be formed, makes or concurs in making or publishes any false statement, whether in any prospectus, account, or otherwise, with intent—

    • (a) to induce any person, whether ascertained or not, to subscribe to any security within the meaning of the Securities Act 1978; or

    • (b) to deceive or cause loss to any person, whether ascertained or not; or

    • (c) to induce any person, whether ascertained or not, to entrust or advance any property to any other person.

    (2) In this section, false statement means any statement in respect of which the person making or publishing the statement—

    • (a) knows the statement is false in a material particular; or

    • (b) is reckless as to the whether the statement is false in a material particular.

    Compare: 1961 No 43 s 250

    Section 242: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

Money laundering

  • Heading: inserted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

243 Money laundering
  • (1) For the purposes of this section and sections 244 and 245,—

    conceal, in relation to property, means to conceal or disguise the property; and includes, without limitation,—

    • (a) to convert the property from one form to another:

    • (b) to conceal or disguise the nature, source, location, disposition, or ownership of the property or of any interest in the property

    deal with, in relation to property, means to deal with the property in any manner and by any means; and includes, without limitation,—

    • (a) to dispose of the property, whether by way of sale, purchase, gift, or otherwise:

    • (b) to transfer possession of the property:

    • (c) to bring the property into New Zealand:

    • (d) to remove the property from New Zealand

    interest, in relation to property, means—

    • (a) a legal or equitable estate or interest in the property; or

    • (b) a right, power, or privilege in connection with the property

    proceeds, in relation to a serious offence, means any property that is derived or realised, directly or indirectly, by any person from the commission of the offence

    property means real or personal property of any description, whether situated in New Zealand or elsewhere and whether tangible or intangible; and includes an interest in any such real or personal property

    serious offence means an offence punishable by imprisonment for a term of 5 years or more; and includes any act, wherever committed, that, if committed in New Zealand, would constitute an offence punishable by imprisonment for a term of 5 years or more.

    (2) Subject to sections 244 and 245, every one is liable to imprisonment for a term not exceeding 7 years who, in respect of any property that is the proceeds of a serious offence, engages in a money laundering transaction, knowing or believing that all or part of the property is the proceeds of a serious offence, or being reckless as to whether or not the property is the proceeds of a serious offence.

    (3) Subject to sections 244 and 245, every one is liable to imprisonment for a term not exceeding 5 years who obtains or has in his or her possession any property (being property that is the proceeds of a serious offence committed by another person)—

    • (a) with intent to engage in a money laundering transaction in respect of that property; and

    • (b) knowing or believing that all or part of the property is the proceeds of a serious offence, or being reckless as to whether or not the property is the proceeds of a serious offence.

    (4) For the purposes of this section, a person engages in a money laundering transaction if, for the purpose of concealing any property or enabling another person to conceal any property, that person—

    • (a) deals with that property; or

    • (b) assists any other person, whether directly or indirectly, to deal with that property.

    (5) In any prosecution for an offence against subsection (2) or subsection (3),—

    • (a) it is not necessary for the prosecution to prove that the accused knew or believed that the property was the proceeds of a particular serious offence or a particular class of serious offence:

    • (b) it is no defence that the accused believed any property to be the proceeds of a particular serious offence when in fact the property was the proceeds of another serious offence.

    (6) Nothing in this section or in sections 244 or 245 limits or restricts the operation of any other provision of this Act or any other enactment.

    Compare: 1961 No 43 ss 233, 257A(1)–(5)

    Section 243: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

244 Defence of enforcement of enactment
  • It is a defence to a charge under section 243 if the person charged proves that the act to which the charge relates was done by that person, in good faith, for the purpose of, or in connection with,—

    • (a) the enforcement or intended enforcement of this section, any other provision of this Act, or any other enactment relating to a serious offence; or

    Compare: 1961 No 43 s 257A(6)

    Section 244: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

245 Section 243 not to apply to certain acts committed outside New Zealand
  • (1) Subject to subsection (2), section 243 does not apply if—

    • (a) any property is alleged to be the proceeds of a serious offence; and

    • (b) the act that is alleged to constitute that serious offence was committed outside New Zealand; and

    • (c) the act was not, at the time of its commission, an offence under the law of the place where the act was done.

    (2) If a person is charged with an offence under this section and the act that is alleged to constitute the serious offence resulting in the proceeds was committed outside New Zealand, it is to be presumed, unless the person charged puts the matter at issue, that the act was an offence under the law of the place where the act was done.

    Compare: 1961 No 43 s 257A(6A), (6B)

    Section 245: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

Receiving

  • Heading: inserted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

246 Receiving
  • (1) Every one is guilty of receiving who receives any property stolen or obtained by any other crime, knowing that property to have been stolen or so obtained, or being reckless as to whether or not the property had been stolen or so obtained.

    (2) For the purposes of this section, property that was obtained by any act committed outside New Zealand that, if it had been committed in New Zealand, would have constituted a crime is, subject to subsection (5), to be regarded as having been obtained by a crime.

    (3) The act of receiving any property stolen or obtained by any other crime is complete as soon as the offender has, either exclusively or jointly with the thief or any other person, possession of, or control over, the property or helps in concealing or disposing of the property.

    (4) If—

    • (a) any property stolen or obtained by any other crime has been returned to the owner; or

    • (b) legal title to any such property has been acquired by any person,—

    a subsequent receiving of it is not an offence, even though the receiver may know that the property had previously been stolen or obtained by any other crime.

    (5) If a person is charged with an offence under this section and the property was obtained by an act committed outside New Zealand, it is to be presumed, unless the person charged puts the matter at issue, that the doing of the act by which the property was obtained was an offence under the law of the place where the act was done.

    Compare: 1961 No 43 ss 258(1), 260, 261

    Section 246: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

247 Punishment of receiving
  • Every person who is guilty of receiving is liable as follows:

    • (a) if the value of the property received exceeds $1,000, to imprisonment for a term not exceeding 7 years:

    • (b) if the value of the property received exceeds $500 but does not exceed the sum of $1,000, to imprisonment for a term not exceeding 1 year:

    • (c) if the value of the property received does not exceed $500, to imprisonment for a term not exceeding 3 months.

    Compare: 1961 No 43 s 258(1)

    Section 247: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

Crimes involving computers

  • Heading: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

248 Interpretation
  • For the purposes of this section and sections 249 and 250,—

    access, in relation to any computer system, means instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system

    computer system

    • (a) means—

      • (i) a computer; or

      • (ii) 2 or more interconnected computers; or

      • (iii) any communication links between computers or to remote terminals or another device; or

      • (iv) 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device; and

    • (b) includes any part of the items described in paragraph (a) and all related input, output, processing, storage, software, or communication facilities, and stored data.

    Section 248: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

249 Accessing computer system for dishonest purpose
  • (1) Every one is liable to imprisonment for a term not exceeding 7 years who, directly or indirectly, accesses any computer system and thereby, dishonestly or by deception, and without claim of right,—

    • (a) obtains any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or

    • (b) causes loss to any other person.

    (2) Every one is liable to imprisonment for a term not exceeding 5 years who, directly or indirectly, accesses any computer system with intent, dishonestly or by deception, and without claim of right,—

    • (a) to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or

    • (b) to cause loss to any other person.

    (3) In this section, deception has the same meaning as in section 240(2).

    Section 249: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

250 Damaging or interfering with computer system
  • (1) Every one is liable to imprisonment for a term not exceeding 10 years who intentionally or recklessly destroys, damages, or alters any computer system if he or she knows or ought to know that danger to life is likely to result.

    (2) Every one is liable to imprisonment for a term not exceeding 7 years who intentionally or recklessly, and without authorisation, knowing that he or she is not authorised, or being reckless as to whether or not he or she is authorised,—

    • (a) damages, deletes, modifies, or otherwise interferes with or impairs any data or software in any computer system; or

    • (b) causes any data or software in any computer system to be damaged, deleted, modified, or otherwise interfered with or impaired; or

    • (c) causes any computer system to—

      • (i) fail; or

      • (ii) deny service to any authorised users.

    Section 250: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

251 Making, selling, or distributing or possessing software for committing crime
  • (1) Every one is liable to imprisonment for a term not exceeding 2 years who invites any other person to acquire from him or her, or offers or exposes for sale or supply to any other person, or agrees to sell or supply or sells or supplies to any other person, or has in his or her possession for the purpose of sale or supply to any other person, any software or other information that would enable another person to access a computer system without authorisation—

    • (a) the sole or principal use of which he or she knows to be the commission of a crime; or

    • (b) that he or she promotes as being useful for the commission of a crime (whether or not he or she also promotes it as being useful for any other purpose), knowing or being reckless as to whether it will be used for the commission of a crime.

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

    • (a) has in his or her possession any software or other information that would enable him or her to access a computer system without authorisation; and

    • (b) intends to use that software or other information to commit a crime.

    Compare: 1961 No 43 ss 216D(1), 229, 244

    Section 251: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

252 Accessing computer system without authorisation
  • (1) Every one is liable to imprisonment for a term not exceeding 2 years who intentionally accesses, directly or indirectly, any computer system without authorisation, knowing that he or she is not authorised to access that computer system, or being reckless as to whether or not he or she is authorised to access that computer system.

    (2) To avoid doubt, subsection (1) does not apply if a person who is authorised to access a computer system accesses that computer system for a purpose other than the one for which that person was given access.

    (3) To avoid doubt, subsection (1) does not apply if access to a computer system is gained by a law enforcement agency—

    • (a) under the execution of an interception warrant or search warrant; or

    • (b) under the authority of any Act or rule of the common law.

    Section 252: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

253 Qualified exemption to access without authorisation offence for New Zealand Security Intelligence Service
  • Section 252 does not apply if—

    • (a) the person accessing a computer system is—

      • (ii) a person, or member of a class of persons, requested to give any assistance that is specified in that warrant; and

    • (b) the person accessing a computer system is doing so for the purpose of intercepting or seizing any communication, document, or thing of the kind specified in that warrant.

    Section 253: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

254 Qualified exemption to access without authorisation offence for Government Communications Security Bureau
  • Section 252 does not apply if the person that accesses a computer system—

    • (b) accesses that computer system in accordance with that authorisation.

    Section 254: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

Forgery and counterfeiting

  • Heading: inserted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

255 Interpretation
  • For the purposes of this section and sections 256 and 263,—

    bank note means any negotiable instrument used or intended for use as currency and issued by the Reserve Bank of New Zealand, or by any bank in any country other than New Zealand, or by the government of any such country, or by any other authority authorised by law to issue notes

    false document means a document—

    • (a) of which the whole or any material part purports to be made by any person who did not make it, or by a fictitious person; or

    • (b) of which the whole or any material part purports to be made by or on behalf of any person who did not authorise its making, or on behalf of a fictitious person; or

    • (c) of which the whole or any material part has been altered, whether by addition, insertion, deletion, obliteration, erasure, removal, or otherwise, and that purports to have been altered by or on behalf of a person who did not alter it or authorise its alteration, or by or on behalf of a fictitious person; or

    • (d) that is, in whole or in part, a reproduction of any other document, and that purports to have been made by or on behalf of a person who did not make it or authorise its making, or by or on behalf of a fictitious person; or

    • (e) that is made in the name of a person, either by that person or by that person's authority, with the intention that it should pass as being made by some other person who did not make it, or by a fictitious person.

    Compare: 1961 No 43 s 263

    Section 255: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

256 Forgery
  • (1) Every one is liable to imprisonment for a term not exceeding 10 years who makes a false document with the intention of using it to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration.

    (2) Every one is liable to imprisonment for a term not exceeding 3 years who makes a false document, knowing it to be false, with the intent that it in any way be used or acted upon, whether in New Zealand or elsewhere, as genuine.

    (3) Forgery is complete as soon as the document is made with the intent described in subsection (1) or with the knowledge and intent described in subsection (2).

    (4) Forgery is complete even though the false document may be incomplete, or may not purport to be such a document as would be binding or sufficient in law, if it is so made and is such as to indicate that it was intended to be acted upon as genuine.

    Compare: 1961 No 43 ss 264, 265

    Section 256: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

257 Using forged documents
  • (1) Every one is liable to imprisonment for a term not exceeding 10 years who, knowing a document to be forged,—

    • (a) uses the document to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or

    • (b) uses, deals with, or acts upon the document as if it were genuine; or

    • (c) causes any other person to use, deal with, or act upon it as if it were genuine.

    (2) For the purposes of this section, a document made or altered outside New Zealand in a manner that would have amounted to forgery if the making or alteration had been done in New Zealand is to be regarded as a forged document.

    Compare: 1961 No 43 s 266

    Section 257: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

257A Money laundering
  • [Repealed]

    Section 257A: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

257B Immunity from liability for disclosure of information
  • [Repealed]

    Section 257B: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

258 Altering, concealing, destroying, or reproducing documents with intent to deceive
  • (1) Every one is liable to imprisonment for a term not exceeding 10 years who, with intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit, or valuable consideration, or to cause loss to any other person,—

    • (a) alters, conceals, or destroys any document, or causes any document to be altered, concealed, or destroyed; or

    • (b) makes a document or causes a document to be made that is, in whole or in part, a reproduction of any other document.

    (2) An offence against subsection (1) is complete as soon as the alteration or document is made with the intent referred to in that subsection, although the offender may not have intended that any particular person should—

    • (a) use or act upon the document altered or made; or

    • (b) act on the basis of the absence of the document concealed or destroyed; or

    • (c) be induced to do or refrain from doing anything.

    Compare: 1961 No 43 ss 231, 256, 266A

    Section 258: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

259 Using altered or reproduced document with intent to deceive
  • (1) Every one is liable to imprisonment for a term not exceeding 10 years who, knowing any document to have been made or altered in the manner and with the intent referred to in section 258, with intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit, or valuable consideration, or to cause loss to any other person,—

    • (a) uses, or deals with, or acts upon, the document; or

    • (b) causes any person to use or deal with, or act upon, the document.

    (2) For the purposes of this section, it does not matter that the document was altered or made outside New Zealand.

    Compare: 1961 No 43 s 266B

    Section 259: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

260 False accounting
  • Every one is liable to imprisonment for a term not exceeding 10 years who, with intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit, or valuable consideration, or to deceive or cause loss to any other person,—

    • (a) makes or causes to be made, or concurs in the making of, any false entry in any book or account or other document required or used for accounting purposes; or

    • (b) omits or causes to be omitted, or concurs in the omission of, any material particular from any such book or account or other document; or

    • (c) makes any transfer of any interest in a stock, debenture, or debt in the name of any person other than the owner of that interest.

    Compare: 1961 No 43 ss 251–254

    Section 260: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

261 Counterfeiting public seals
  • Every one is liable to imprisonment for a term not exceeding 10 years who—

    • (a) unlawfully makes or counterfeits—

      • (i) any public seal in use at any time in New Zealand or any other country; or

      • (ii) any seal or stamp used in New Zealand or any other country by any court, local authority, public body, or public officer; or

      • (iii) the impression of any such seal or stamp; or

    • (b) uses any such seal, stamp, or impression, knowing it to be counterfeit.

    Compare: 1961 No 43 s 267

    Section 261: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

262 Counterfeiting corporate seals
  • Every one is liable to imprisonment for a term not exceeding 5 years who—

    • (a) unlawfully makes or counterfeits—

      • (i) any seal or stamp used in New Zealand or any other country by any company or other corporate body (not being a body to which section 261 applies), or by any other person; or

      • (ii) the impression of any such seal or stamp; or

    • (b) uses any such seal, stamp, or impression, knowing it to be counterfeit.

    Compare: 1961 No 43 s 268

    Section 262: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

263 Possessing forged bank notes
  • Every one is liable to imprisonment for a term not exceeding 7 years who, without lawful authority or excuse (the proof of the lawful authority or excuse lying on him or her), purchases or receives from any person, or has in his or her possession or under his or her control, any forged bank note, whether complete or not, knowing it to be forged.

    Compare: 1961 No 43 s 271

    Section 263: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

264 Paper or implements for forgery
  • Every one is liable to imprisonment for a term not exceeding 10 years who, without lawful authority or excuse, has in his or her possession or under his or her control anything capable of being used to forge any document with intent to use it for such a purpose.

    Compare: 1961 No 43 s 274

    Section 264: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

265 Imitating authorised or customary marks
  • (1) Every one is liable to imprisonment for a term not exceeding 5 years who dishonestly counterfeits or imitates any mark, word, or description that is—

    • (a) impressed or otherwise made, or written upon, or affixed to, any chattel, or upon or to any thing containing or connected with any chattel; and

    • (b) a mark, word, or description that is by recognised practice understood to denote that the thing upon or to which it is impressed, made, written, or affixed has been examined and certified to be of a particular quality by any particular officer or other person.

    (2) Subsection (1) applies whether the officer or other person referred to in subsection (1)(b) is or is not expressly authorised by law to so certify.

    Compare: 1961 No 43 ss 280, 281

    Section 265: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

Coinage

  • Heading: inserted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

266 Offences involving coinage
  • (1) For the purposes of this section,—

    counterfeit coin includes any coin that has been altered in any manner so as to resemble any other coin

    current coin means coin of any substance lawfully current in New Zealand or in any other country.

    (2) For the purposes of this section,—

    • (a) a thing is treated as being in the possession of any person if that person has it in his or her personal custody or possession, or if that person knowingly has it in the actual custody or possession of any other person, or in some place (whether or not that person occupies the place), for the use or benefit of himself or herself or any other person:

    • (b) a coin is deemed to be made or counterfeited even though the making or counterfeiting has not been finished or perfected.

    (3) Every one is liable to imprisonment for a term not exceeding 10 years who—

    • (a) makes or counterfeits any coin resembling any current coin with the intention that it be acted upon as genuine; or

    • (b) without lawful authority or excuse, has in his or her possession or under his or her control any thing intended to be used to make or counterfeit any coin resembling any current coin, with intent to use it for such a purpose.

    (4) Every one is liable to imprisonment for a term not exceeding 7 years who, without lawful authority or excuse,—

    • (a) buys, sells, or receives, or offers to buy, sell, or receive, any counterfeit coin resembling any current coin at or for a lower rate or value than the counterfeit coin purports to be; or

    • (b) imports or receives into New Zealand any counterfeit coin resembling any current coin, knowing it to be counterfeit; or

    • (c) exports from New Zealand, or puts on board any ship or aircraft for the purpose of being exported, any counterfeit coin resembling any current coin, knowing it to be counterfeit.

    (5) Every one is liable to imprisonment for a term not exceeding 3 years who—

    • (a) passes or attempts to pass any counterfeit coin knowing it to be counterfeit; or

    • (b) passes or attempts to pass as current coin any coin that is not current coin or any piece of metal or other substance, knowing that it is not current coin.

    (6) Every one is liable to imprisonment for a term not exceeding 1 year who has in his or her possession or under his or her control any counterfeit coin, knowing it to be counterfeit and intending to pass it as genuine.

    Compare: 1961 No 43 ss 282–286, 289–292

    Section 266: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

266A Altering or reproducing document with intent to defraud
  • [Repealed]

    Section 266A: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

266B Using altered or reproduced document with intent to defraud
  • [Repealed]

    Section 266B: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

Arson, damage, and waste

  • Heading: inserted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

267 Arson
  • (1) Every one commits arson and is liable to imprisonment for a term not exceeding 14 years who—

    • (a) intentionally or recklessly damages by fire or by means of any explosive any property if he or she knows or ought to know that danger to life is likely to ensue; or

    • (b) intentionally or recklessly, and without claim of right, damages by fire or by means of any explosive any immovable property, or any vehicle, ship, or aircraft, in which that person has no interest; or

    • (c) intentionally damages by fire or by means of any explosive any immovable property, or any vehicle, ship or aircraft, with intent to obtain any benefit, or to cause loss to any other person.

    (2) Every one commits arson and is liable to imprisonment for a term not exceeding 7 years who—

    • (a) intentionally or recklessly, and without claim of right, damages by fire or by means of any explosive any property in which that person has no interest (other than property referred to in subsection (1)); or

    • (b) intentionally or recklessly damages by fire or by means of any explosive any property (other than property referred to in subsection (1)) with intent to obtain any benefit, or with intent to cause loss to any other person.

    (3) Every one is liable to imprisonment for a term not exceeding 5 years who intentionally damages by fire or by means of any explosive any property with reckless disregard for the safety of any other property.

    (4) In this section and in section 269, benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.

    Compare: 1961 No 43 ss 294, 296

    Section 267: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

268 Attempted arson
  • Every one is liable to imprisonment for a term not exceeding 10 years who attempts to commit arson in respect of any immovable property or any vehicle, ship, or aircraft.

    Compare: 1961 No 43 s 295

    Section 268: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

269 Intentional damage
  • (1) Every one is liable to imprisonment for a term not exceeding 10 years who intentionally or recklessly destroys or damages any property if he or she knows or ought to know that danger to life is likely to result.

    (2) Every one is liable to imprisonment for a term not exceeding 7 years who—

    • (a) intentionally or recklessly, and without claim of right, destroys or damages any property in which that person has no interest; or

    • (b) intentionally or recklessly, and without claim of right, destroys or damages any property with intent to obtain any benefit, or with intent to cause loss to any other person.

    (3) Every one is liable to imprisonment for a term not exceeding 7 years who intentionally destroys or damages any property with reckless disregard for the safety of any other property.

    Compare: 1961 No 43 s 298

    Section 269: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

270 Endangering transport
  • (1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to cause danger to persons or property or with reckless disregard for the safety of persons or property,—

    • (a) interferes with any transport facility; or

    • (b) does anything to any transport facility that is likely to cause danger to persons or property.

    (2) For the purposes of this section, transport facility means any vehicle, ship, or aircraft, and any property used in connection with the transportation of persons or goods; and includes equipment of any kind used in navigation or for the guidance of any vehicle, ship, or aircraft.

    Compare: 1961 No 43 ss 203, 300–303

    Section 270: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

271 Waste or diversion of electricity, gas, or water
  • Every one is liable to imprisonment for a term not exceeding 5 years who, without claim of right and with intent to cause loss or harm to any person, wastes or diverts any electricity, gas, or water, or causes it to be wasted or diverted.

    Compare: 1961 No 43 s 299

    Section 271: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

272 Providing explosive to commit crime
  • Every one is liable to imprisonment for a term not exceeding 2 years who knowingly has in his or her possession or makes any explosive substance, or any dangerous engine, instrument, or thing, with intent to use or enable another person to use the substance, dangerous engine, instrument, or thing, to commit a crime.

    Compare: 1961 No 43 s 305

    Section 272: substituted, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

273 Using probate obtained by forgery or perjury
  • [Repealed]

    Section 273: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

274 Paper or implements for forgery
  • [Repealed]

    Section 274: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

275 Counterfeiting stamps
  • [Repealed]

    Section 275: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

276 Falsifying registers
  • [Repealed]

    Section 276: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

277 Falsifying extracts from registers
  • [Repealed]

    Section 277: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

278 Uttering false certificates
  • [Repealed]

    Section 278: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

279 Forging certificates
  • [Repealed]

    Section 279: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

280 Imitating authorised marks
  • [Repealed]

    Section 280: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

281 Imitating customary marks
  • [Repealed]

    Section 281: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

282 Interpretation
  • [Repealed]

    Section 282: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

283 Preparations for coining
  • [Repealed]

    Section 283: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

284 Counterfeiting coin
  • [Repealed]

    Section 284: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

285 Altering coin
  • [Repealed]

    Section 285: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

286 Impairing coin
  • [Repealed]

    Section 286: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

287 Defacing coin
  • [Repealed]

    Section 287: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

288 Melting coin
  • [Repealed]

    Section 288: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

289 Possessing counterfeit coin
  • [Repealed]

    Section 289: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

290 Uttering counterfeit coin
  • [Repealed]

    Section 290: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

291 Buying and selling counterfeit coin
  • [Repealed]

    Section 291: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

292 Importing and exporting counterfeit coin
  • [Repealed]

    Section 292: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

293 What constitutes criminal damage
  • [Repealed]

    Section 293: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

294 Arson
  • [Repealed]

    Section 294: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

295 Attempted arson
  • [Repealed]

    Section 295: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

296 Damage to other property by fire or explosive
  • [Repealed]

    Section 296: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

297 Attempt to damage property by fire or explosive
  • [Repealed]

    Section 297: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

298 Wilful damage
  • [Repealed]

    Section 298: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

298A Causing disease or sickness in animals
  • (1) Every one is liable to imprisonment for a term not exceeding 10 years who, without lawful justification or reasonable excuse, directly or indirectly causes or produces in an animal a disease or sickness that causes a situation of a kind described in subsection (2) to occur, either—

    • (a) intending a situation of that kind to occur; or

    • (b) being reckless as to whether a situation of that kind occurs.

    (2) A situation of a kind referred to in subsection (1) is a situation that—

    • (a) constitutes a serious risk to the health or safety of an animal population; and

    • (b) is likely, directly or indirectly, to cause major damage to the national economy of New Zealand.

    Section 298A: inserted, on 17 November 2003, by section 5 of the Crimes Amendment Act (No 2) 2003 (2003 No 105).

298B Contaminating food, crops, water, or other products
  • Every one is liable to imprisonment for a term not exceeding 10 years who contaminates food, crops, water, or any other products, without lawful justification or reasonable excuse, and either knowing or being reckless as to whether the food, crops, water, or products are intended for human consumption, and—

    • (a) intending to harm a person or reckless as to whether any person is harmed; or

    • (b) intending to cause major economic loss to a person or reckless as to whether major economic loss is caused to any person; or

    • (c) intending to cause major damage to the national economy of New Zealand or reckless as to whether major damage is caused to the national economy of New Zealand.

    Section 298B: inserted, on 17 November 2003, by section 5 of the Crimes Amendment Act (No 2) 2003 (2003 No 105).

299 Wilful waste or diversion of water, gas, or electricity
  • [Repealed]

    Section 299: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

300 Interfering with means of transport
  • [Repealed]

    Section 300: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

301 Wrecking
  • [Repealed]

    Section 301: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

302 Attempting to wreck
  • [Repealed]

    Section 302: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

303 Interfering with signals, etc
  • [Repealed]

    Section 303: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

304 Interfering with mines
  • [Repealed]

    Section 304: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

305 Providing explosive to commit crime
  • [Repealed]

    Section 305: repealed, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

Part 11
Threatening, conspiring, and attempting to commit offences

306 Threatening to kill or do grievous bodily harm
  • (1) Every one is liable to imprisonment for a term not exceeding 7 years who—

    • (a) threatens to kill or do grievous bodily harm to any person; or

    • (b) sends or causes to be received, knowing the contents thereof, any letter or writing containing any threat to kill or do grievous bodily harm to any person.

    (2) [Repealed]

    Compare: 1908 No 32 s 342; 1941 No 10 Schedule

    Section 306(2): repealed, on 30 June 2002, by section 164(b) of the Sentencing Act 2002 (2002 No 9).

307 Threatening to destroy property
  • (1) Every one is liable to imprisonment for a term not exceeding 3 years who sends or causes to be received, knowing the contents thereof, any letter or writing threatening to destroy or damage any property, or to destroy or injure any animal.

    (2) Nothing shall be an offence against subsection (1) unless it is done without lawful justification or excuse, and without claim of right.

    Compare: 1908 No 32 s 343; 1941 No 10 Schedule

    Section 307(2): amended, on 1 October 2003, by section 16 of the Crimes Amendment Act 2003 (2003 No 39).

307A Threats of harm to people or property
  • (1) Every one is liable to imprisonment for a term not exceeding 7 years if, without lawful justification or reasonable excuse, and intending to achieve the effect stated in subsection (2), he or she—

    • (a) threatens to do an act likely to have 1 or more of the results described in subsection (3); or

    • (b) communicates information—

      • (i) that purports to be about an act likely to have 1 or more of the results described in subsection (3); and

      • (ii) that he or she believes to be false.

    (2) The effect is causing a significant disruption of 1 or more of the following things:

    • (a) the activities of the civilian population of New Zealand:

    • (b) something that is or forms part of an infrastructure facility in New Zealand:

    • (c) civil administration in New Zealand (whether administration undertaken by the Government of New Zealand or by institutions such as local authorities, District Health Boards, or boards of trustees of schools):

    • (d) commercial activity in New Zealand (whether commercial activity in general or commercial activity of a particular kind).

    (3) The results are—

    • (a) creating a risk to the health of 1 or more people:

    • (b) causing major property damage:

    • (c) causing major economic loss to 1 or more persons:

    • (d) causing major damage to the national economy of New Zealand.

    (4) To avoid doubt, the fact that a person engages in any protest, advocacy, or dissent, or engages in any strike, lockout, or other industrial action, is not, by itself, a sufficient basis for inferring that a person has committed an offence against subsection (1).

    Section 307A: inserted, on 17 November 2003, by section 6 of the Crimes Amendment Act (No 2) 2003 (2003 No 105).

308 Threatening acts
  • Every one is liable to imprisonment for a term not exceeding 3 years who, with intent to intimidate or annoy any person,—

    • (a) breaks or damages or threatens to break or damage any dwellinghouse; or

    • (b) by the discharge of firearms or otherwise, alarms or attempts to alarm any person in any dwellinghouse.

    Compare: 1908 No 32 ss 344, 345

309 Conspiring to prevent collection of rates or taxes
  • Every one is liable to imprisonment for a term not exceeding 2 years who conspires with any other person by force or intimidation to prevent the collection of any rates or taxes the levying and collection of which is authorised by law.

    Compare: 1908 No 32 s 346

310 Conspiring to commit offence
  • (1) Subject to the provisions of subsection (2), every one who conspires with any person to commit any offence, or to do or omit, in any part of the world, anything of which the doing or omission in New Zealand would be an offence, is liable to imprisonment for a term not exceeding 7 years if the maximum punishment for that offence exceeds 7 years' imprisonment, and in any other case is liable to the same punishment as if he had committed that offence.

    (2) This section shall not apply where a punishment for the conspiracy is otherwise expressly prescribed by this Act or by some other enactment.

    (3) Where under this section any one is charged with conspiring to do or omit anything anywhere outside New Zealand, it is a defence to prove that the doing or omission of the act to which the conspiracy relates was not an offence under the law of the place where it was, or was to be, done or omitted.

    Compare: 1908 No 32 ss 347, 348

311 Attempt to commit or procure commission of offence
  • (1) Every one who attempts to commit any offence in respect of which no punishment for the attempt is expressly prescribed by this Act or by some other enactment is liable to imprisonment for a term not exceeding 10 years if the maximum punishment for that offence is imprisonment for life, and in any other case is liable to not more than half the maximum punishment to which he would have been liable if he had committed that offence.

    (2) Every one who incites, counsels, or attempts to procure any person to commit any offence, when that offence is not in fact committed, is liable to the same punishment as if he had attempted to commit that offence, unless in respect of any such case a punishment is otherwise expressly provided by this Act or by some other enactment.

    Compare: 1908 No 32 ss 349, 350, 351; 1922 No 35 s 3

312 Accessory after the fact to crime
  • Every one who is accessory after the fact to any crime punishable by imprisonment, being a crime in respect of which no express provision is made by this Act or by some other enactment for the punishment of an accessory after the fact, is liable to imprisonment for a term not exceeding 7 years if the maximum punishment for that crime is imprisonment for life, and not exceeding 5 years if such maximum punishment is imprisonment for 10 or more years; and in any other case is liable to not more than half the maximum punishment to which he would have been liable if he had committed the crime.

    Compare: 1908 No 32 ss 352, 353

Part 11A
Obtaining evidence by interception devices

  • Part 11A: inserted, on 1 August 1987, by section 4 of the Crimes Amendment Act (No 2) 1987 (1987 No 167).

  • Part 11A heading: amended, on 1 October 2003, by section 17 of the Crimes Amendment Act 2003 (2003 No 39).

Interpretation

  • Heading: inserted, on 1 February 1998, by section 7 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

312A Interpretation
  • (1) In this Part, unless the context otherwise requires,—

    facility means an electronic address, phone number, or similar facility that enables private communications to—

    • (a) take place between individuals; or

    • (b) be sent to or from an identified individual

    intercept, in relation to a private communication, includes hear, listen to, record, monitor, acquire, or receive the communication either—

    • (a) while it is taking place; or

    • (b) while it is in transit

    interception device

    • (a) means any electronic, mechanical, or electromagnetic instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept a private communication; but

    • (b) does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing

    organised criminal enterprise means a continuing association of 3 or more persons having as its object or as one of its objects the acquisition of substantial income or assets by means of a continuing course of criminal conduct

    private communication

    • (a) means a communication (whether in oral or written form or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but

    • (b) does not include such a communication occurring in circumstances in which any party ought reasonably to expect that the communication may be intercepted by some other person not having the express or implied consent of any party to do so

    serious violent offence means any offence—

    • (a) that is punishable by a period of imprisonment for a term of 7 years or more; and

    • (b) where the conduct constituting the offence involves—

      • (i) loss of a person's life or serious risk of loss of a person's life; or

      • (ii) serious injury to a person or serious risk of serious injury to a person; or

      • (iii) serious damage to property in circumstances endangering the physical safety of any person; or

      • (iv) perverting the course of justice, where the purpose of the conduct is to prevent, seriously hinder, or seriously obstruct the detection, investigation, or prosecution of any offence—

        • (A) that is punishable by a period of imprisonment for a term of 7 years or more; and

        • (B) that involved, involves, or would involve conduct of the kind referred to in any of subparagraphs (i) to (iii)

    specified offence means any of the following offences:

    • (a) an offence punishable by a period of imprisonment for a term of 10 years or more:

    • (b) an offence against section 116 (which relates to conspiring to defeat justice):

    • (c) an offence against section 117 (which relates to corrupting juries and witnesses):

    • (d) an offence punishable under section 223(b) (theft of an object exceeding $1,000 in value):

    • (e) an offence against section 243 (which relates to money laundering):

    • (f) an offence punishable under section 247 (which relates to receiving property dishonestly obtained)

    terrorist offence means an offence against any of sections 6A to 13E of the Terrorism Suppression Act 2002.

    (2) A reference in this Part to a party to a private communication is a reference to—

    • (a) any originator of the communication and any person intended by the originator to receive it; and

    • (b) a person who, with the express or implied consent of any originator of the communication or any person intended by the originator to receive it, intercepts the communication.

    Section 312A: substituted, on 1 February 1998, by section 7 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 312A(1) facility: inserted, on 1 October 2003, by section 18(3) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312A(1) intercept: substituted, on 1 October 2003, by section 18(1) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312A(1) interception device: inserted, on 1 October 2003, by section 18(3) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312A(1) listening device: repealed, on 1 October 2003, by section 18(2) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312A(1) private communication: substituted, on 1 October 2003, by section 18(1) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312A(1) specified offence paragraph (d): substituted, on 1 October 2003, by section 18(4) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312A(1) specified offence paragraph (e): substituted, on 1 October 2003, by section 18(4) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312A(1) specified offence paragraph (f): substituted, on 1 October 2003, by section 18(4) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312A(1) terrorist offence: added, on 31 October 2003, by section 7 of the Crimes Amendment Act (No 2) 2003 (2003 No 105).

    Section 312A(1) terrorist offence: amended, on 20 November 2007, by section 47(2) of the Terrorism Suppression Amendment Act 2007 (2007 No 102).

Applications for interception warrants in relation to organised criminal enterprises

  • Heading: inserted, on 1 February 1998, by section 8 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

312B Application by Police for warrant to intercept private communications
  • (1) An application may be made in accordance with this section to a Judge of the High Court for a warrant for any constable to intercept a private communication by means of an interception device in any case where there are reasonable grounds for believing that—

    • (a) any member of an organised criminal enterprise is planning, participating in, or committing, or has planned, participated in, or committed, criminal offences of which at least 1 is a specified offence, as part of a continuing course of criminal conduct planned, organised, or undertaken by members of that enterprise; and

    • (b) it is unlikely that the Police investigation of the case could be brought to a successful conclusion without the grant of such a warrant.

    (2) Every application under subsection (1) shall be made by a constable who is of or above the level of position of inspector, in writing, and on oath, and shall set out the following particulars:

    • (a) the facts relied upon to show that there are reasonable grounds for believing that—

      • (i) there is an organised criminal enterprise; and

      • (ii) any member of that enterprise is planning, participating in, or committing, or has planned, participated in, or committed, criminal offences of which at least 1 is a specified offence as part of a continuing course of criminal conduct planned, organised, or undertaken by members of that enterprise; and

    • (b) a description of the manner in which it is proposed to intercept private communications; and

    • (c) the name and address, if known, of the suspect whose private communications there are reasonable grounds for believing will assist the Police investigation of the case, or, if the name and address of the suspect are not known, a general description of the premises, place, thing, or type of facility in respect of which it is proposed to intercept private communications, being premises or a place, thing, or type of facility believed to be used for any purpose by any member of the organised criminal enterprise; and

    • (d) the period for which a warrant is requested; and

    • (e) whichever of the following is applicable:

      • (i) the other investigative procedures and techniques that have been tried but have failed to facilitate the successful conclusion of the Police investigation of the case, and the reasons why they have failed in that respect; or

      • (ii) the reasons why it appears that other investigative procedures and techniques are unlikely to facilitate the successful conclusion of the Police investigation of the case, or are likely to be too dangerous to adopt in the particular case; or

      • (iii) the reasons why it is considered that the case is so urgent that it would be impractical to carry out the Police investigation using only investigative procedures and techniques other than the interception of private communications.

    Section 312B: inserted, on 1 August 1987, by section 4 of the Crimes Amendment Act (No 2) 1987 (1987 No 167).

    Section 312B(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 312B(1): amended, on 1 October 2003, by section 19(1) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312B(1)(a): substituted, on 1 February 1998, by section 9(1) of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 312B(2): amended, on 1 October 2008, pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).

    Section 312B(2)(a)(ii): amended, on 1 February 1998, by section 9(2) of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 312B(2)(c): substituted, on 1 October 2003, by section 19(2) of the Crimes Amendment Act 2003 (2003 No 39).

312C Matters on which Judge must be satisfied in respect of applications
  • (1) On an application made in accordance with section 312B, the Judge may grant an interception warrant if the Judge is satisfied that it would be in the best interests of the administration of justice to do so, and that—

    • (a) there are reasonable grounds for believing that—

      • (i) there is an organised criminal enterprise; and

      • (ii) any member of that organised criminal enterprise is planning, participating in, or committing, or has planned, participated in, or committed, criminal offences of which at least 1 is a specified offence, as part of the continuing course of criminal conduct planned, organised, or undertaken by members of that enterprise; and

    • (b) there are reasonable grounds for believing that evidence relevant to the investigation of the case will be obtained through the use of an interception device to intercept private communications; and

    • (c) whichever of the following is applicable:

      • (i) other investigative procedures and techniques have been tried but have failed to facilitate the successful conclusion of the Police investigation of the case; or

      • (ii) other investigative procedures and techniques are unlikely to facilitate the successful conclusion of the Police investigation of the case, or are likely to be too dangerous to adopt in the particular case; or

      • (iii) the case is so urgent that it would be impractical to carry out the Police investigation using only investigative procedures and techniques other than the interception of private communications; and

    • (d) the private communications to be intercepted are not likely to be privileged in proceedings in a court of law by virtue of any of the provisions of Part 3 of the Evidence Amendment Act (No 2) 1980 or of any rule of law that confers privilege on communications of a professional character between a barrister or solicitor and a client.

    (2) Without limiting subsection (1), in determining whether or not to issue an interception warrant under this section, the Judge must consider the extent to which the privacy of any person or persons would be likely to be interfered with by the interception, under the warrant, of private communications.

    Section 312C: inserted, on 1 August 1987, by section 4 of the Crimes Amendment Act (No 2) 1987 (1987 No 167).

    Section 312C(1)(a)(ii): amended, on 1 February 1998, by section 10(1) of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 312C(1)(b): amended, on 1 October 2003, by section 20 of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312C(2): added, on 1 February 1998, by section 10(2) of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

Applications for interception warrants in relation to serious violent offences

  • Heading: inserted, on 1 February 1998, by section 11 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

312CA Application by Police for warrant to intercept private communications in relation to serious violent offences
  • (1) An application may be made in accordance with this section to a Judge of the High Court for a warrant for any constable to intercept a private communication by means of an interception device in any case where there are reasonable grounds for believing that,—

    • (a) a serious violent offence has been committed, or is being committed, or is about to be committed; and

    • (b) where that serious violent offence has yet to be committed, the use of an interception device to intercept private communications is likely to prevent the commission of the offence; and

    • (c) it is unlikely that the Police investigation of the case could be brought to a successful conclusion or, as the case may be, the commission of the serious violent offence prevented, without the granting of such a warrant.

    (2) Every application under subsection (1) must be made by a constable who is of or above the level of position of inspector, in writing, and on oath, and must set out the following particulars:

    • (a) the facts relied on to show that there are reasonable grounds for believing that,—

      • (i) a serious violent offence has been committed, or is being committed, or is about to be committed; and

      • (ii) where that serious violent offence has yet to be committed, the use of an interception device to intercept private communications is likely to prevent the commission of the offence; and

    • (b) a description of the manner in which it is proposed to intercept private communications; and

    • (c) either,—

      • (i) the name and address, if known, of the suspect the interception of whose private communications there are reasonable grounds for believing will assist the Police investigation of the case or, as the case may be, prevent the commission of a serious violent offence; or

      • (ii) if the name and address of the suspect are not known, a general description of the premises, place, thing, or type of facility in respect of which it is proposed to intercept private communications, being premises or a place, thing, or type of facility believed to be used for any purpose by any person—

        • (A) whom it is believed has committed or is committing or is about to commit a serious violent offence; or

        • (B) whom it is believed was involved or is involved or will be involved in the commission of a serious violent offence; and

    • (d) the period for which a warrant is requested; and

    • (e) whichever of the following is applicable:

      • (i) the other investigative procedures and techniques that have been tried but have failed to facilitate the successful conclusion of the Police investigation of the case or, as the case may be, to provide assistance in preventing the commission of a serious violent offence, and the reasons why they have failed in that respect; or

      • (ii) the reasons why it appears that other investigative procedures and techniques are unlikely to facilitate the successful conclusion of the Police investigation of the case or, as the case may be, prevent the commission of a serious violent offence, or are likely to be too dangerous to adopt in the particular case; or

      • (iii) the reasons why it is considered that the case is so urgent that it would be impractical to carry out the Police investigation using only investigative procedures and techniques other than the interception of private communications.

    Section 312CA: inserted, on 1 February 1998, by section 11 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 312CA(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 312CA(1): amended, on 1 October 2003, by section 21(1) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312CA(1)(b): amended, on 1 October 2003, by section 21(1) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312CA(2): amended, on 1 October 2008, pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).

    Section 312CA(2)(a)(ii): amended, on 1 October 2003, by section 21(1) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312CA(2)(c)(ii): substituted, on 1 October 2003, by section 21(2) of the Crimes Amendment Act 2003 (2003 No 39).

312CB Matters on which Judge must be satisfied in respect of applications relating to serious violent offences
  • (1) On an application made in accordance with section 312CA, the Judge may grant an interception warrant if the Judge is satisfied that it would be in the best interests of the administration of justice to do so, and that—

    • (a) there are reasonable grounds for believing that,—

      • (i) a serious violent offence has been committed, or is being committed, or is about to be committed; and

      • (ii) where that serious violent offence has yet to be committed, the use of an interception device to intercept private communications is likely to prevent the commission of the offence; and

    • (b) there are reasonable grounds for believing that,—

      • (i) evidence relevant to the investigation of the case will be obtained through the use of an interception device to intercept private communications; or

      • (ii) where the serious violent offence has yet to be committed, evidence relevant to the prevention of that offence will be obtained through the use of an interception device to intercept private communications; and

    • (c) whichever of the following is applicable:

      • (i) other investigative procedures and techniques have been tried but have failed to facilitate the successful conclusion of the Police investigation of the case or, as the case may be, to provide assistance in preventing the commission of a serious violent offence; or

      • (ii) other investigative procedures and techniques are unlikely to facilitate the successful conclusion of the Police investigation of the case or, as the case may be, prevent the commission of a serious violent offence, or are likely to be too dangerous to adopt in the particular case; or

      • (iii) the case is so urgent that it would be impractical to carry out the Police investigation using only investigative procedures and techniques other than the interception of private communications; and

    • (d) the private communications to be intercepted are not likely to be privileged in proceedings in a court of law by virtue of any of the provisions of Part 3 of the Evidence Amendment Act (No 2) 1980 or of any rule of law that confers privilege on communications of a professional character between a barrister or solicitor and a client.

    (2) Without limiting subsection (1), in determining whether or not to issue an interception warrant under this section, the Judge must consider the extent to which the privacy of any person or persons would be likely to be interfered with by the interception, under the warrant, of private communications.

    Section 312CB: inserted, on 1 February 1998, by section 11 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 312CB(1)(a)(ii): amended, on 1 October 2003, by section 22 of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312CB(1)(b)(i): amended, on 1 October 2003, by section 22 of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312CB(1)(b)(ii): amended, on 1 October 2003, by section 22 of the Crimes Amendment Act 2003 (2003 No 39).

312CC Application by Police for warrant to intercept private communications relating to terrorist offences
  • (1) An application may be made to a Judge of the High Court for a warrant for any constable to intercept a private communication by means of an interception device if there are reasonable grounds for believing—

    • (a) that a terrorist offence has been committed, or is being committed, or is about to be committed; and

    • (b) if the offence has yet to be committed, that the use of an interception device to intercept private communications is likely to prevent its commission; and

    • (c) that it is unlikely that without the granting of such a warrant the Police investigation of the case can be brought to a successful conclusion or, as the case may be, the commission of the offence can be prevented.

    (2) The application must be made by a constable who is of or above the level of position of inspector, in writing and on oath, and must set out the following particulars:

    • (a) a statement of the facts relied on to show that there are reasonable grounds for believing—

      • (i) that a terrorist offence has been committed, or is being committed, or is about to be committed; and

      • (ii) if the offence has yet to be committed, that the use of an interception device to intercept private communications is likely to prevent its commission; and

    • (b) a description of how it is proposed to intercept private communications; and

    • (c) either,—

      • (i) if they are known, the name and address of the suspect the interception of whose private communications there are reasonable grounds for believing will assist the Police investigation of the case or (as the case may be) prevent the commission of a terrorist offence; or

      • (ii) if the name and address of the suspect are not known, a general description of the premises or place in respect of which it is proposed to intercept private communications, being premises or a place believed to be used for any purpose by a person—

        • (A) who it is believed has committed, or is committing, or is about to commit, a terrorist offence; or

        • (B) who it is believed was involved, or is involved, or will be involved, in the commission of the offence; and

    • (d) a statement of the period for which the warrant is requested; and

    • (e) whichever of the following is applicable:

      • (i) both—

        • (A) a general description of the investigative procedures and techniques that have been tried, but have failed to enable the Police to conclude their investigation of the case successfully or (as the case may be) failed to help prevent the commission of the offence; and

        • (B) a statement of why those procedures and techniques have failed:

      • (ii) a statement of why it appears that investigative procedures and techniques other than the interception of private communications—

        • (A) are unlikely to enable the Police to conclude their investigation of the case successfully or (as the case may be) to help prevent the commission of the offence; or

        • (B) are likely to be too dangerous to adopt in the particular case:

      • (iii) a statement of why the case is considered so urgent that it would be impracticable for the Police to carry out their investigation using only investigative procedures and techniques other than the interception of private communications.

    Section 312CC: inserted, on 31 October 2003, by section 8 of the Crimes Amendment Act (No 2) 2003 (2003 No 105).

    Section 312CC(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 312CC(2): amended, on 1 October 2008, pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).

312CD Matters of which Judge must be satisfied in respect of applications relating to terrorist offences
  • (1) A Judge may grant an interception warrant on an application under section 312CC if satisfied that it is in the best interests of the administration of justice to do so, and—

    • (a) that there are reasonable grounds for believing,—

      • (i) that a terrorist offence has been committed, or is being committed, or is about to be committed; and

      • (ii) if the offence has yet to be committed, that the use of an interception device to intercept private communications is likely to prevent its commission; and

    • (b) that there are reasonable grounds for believing—

      • (i) that evidence relevant to the investigation of the case will be obtained through the use of an interception device to intercept private communications; or

      • (ii) if the offence has yet to be committed, that evidence relevant to the prevention of the offence will be obtained through the use of an interception device to intercept private communications; and

    • (c) whichever of the following is applicable:

      • (i) that investigative procedures and techniques other than the interception of private communications have been tried, but have failed to enable the Police to conclude their investigation of the case successfully or (as the case may be) failed to help prevent the commission of the offence; and

      • (ii) that investigative procedures and techniques other than the interception of private communications—

        • (A) are unlikely to enable the Police to conclude their investigation of the case successfully or (as the case may be) to help prevent the commission of the offence, or

        • (B) are likely to be too dangerous to adopt in the particular case:

      • (iii) that the case is so urgent that it would be impracticable for the Police to carry out their investigation using only investigative procedures and techniques other than the interception of private communications; and

    • (d) that the private communications proposed to be intercepted are not likely to be privileged in proceedings in a court of law by virtue of Part 3 of the Evidence Amendment Act (No 2) 1980 or of any rule of law that confers privilege on communications of a professional character between a barrister or solicitor and a client.

    (2) In determining whether or not the granting of an interception warrant under subsection (1) is in the best interests of the administration of justice, the Judge must consider the extent to which the privacy of any person or persons would be likely to be interfered with by the interception of private communications under it.

    (3) Subsection (2) does not limit subsection (1).

    Section 312CD: inserted, on 31 October 2003, by section 8 of the Crimes Amendment Act (No 2) 2003 (2003 No 105).

General provisions

  • Heading: inserted, on 1 February 1998, by section 12 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

312D Contents and term of warrant
  • (1) Every interception warrant shall be issued in the prescribed form, and shall—

    • (a) state the offence or offences in respect of which the warrant is granted; and

    • (b) state,—

      • (i) in the case of a warrant granted under section 312C, the name and address of the suspect, if known, whose private communications may be intercepted or, if the suspect's name and address are not known, the premises, place, thing, or type of facility believed to be used for any purpose by any member of the organised criminal enterprise; or

      • (ii) in the case of a warrant granted under section 312CB, the name and address of the suspect, if known, whose private communications may be intercepted or, if the suspect's name and address are not known, the premises, place, thing, or type of facility in respect of which private communications may be intercepted, being premises or a place, thing, or type of facility believed to be used for any purpose by any person—

        • (A) whom it is believed has committed or is committing or is about to commit a serious violent offence; or

        • (B) whom it is believed was involved or is involved or will be involved in the commission of a serious violent offence; and

    • (c) specify the constable who is of or above the level of position of inspector who (with any other constable for the time being assisting the constable who is of or above the level of position of inspector) may intercept the private communications; and

    • (d) where the Judge considers it necessary, contain express authority to enter (with force, where necessary) any aircraft, ship, hovercraft, carriage, vehicle, or premises for the purpose of placing, servicing, or retrieving an interception device; and

    • (e) contain such additional terms and conditions as the Judge considers advisable in the public interest.

    (2) Without limiting subsection (1), where it is proposed to place an interception device in the residential or business premises of a person who is a barrister or solicitor, or a clergyman, or a medical practitioner, the Judge shall prescribe such conditions (if any) as the Judge considers desirable to avoid so far as practicable the interception of communications of a professional character to which the barrister or solicitor or clergyman or medical practitioner is a party.

    (3) Every interception warrant shall be valid for such period, not exceeding 30 days, as the Judge shall specify in the warrant.

    Section 312D: inserted, on 1 August 1987, by section 4 of the Crimes Amendment Act (No 2) 1987 (1987 No 167).

    Section 312D(1): amended, on 1 February 1998, by section 13(1) of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 312D(1)(b): substituted, on 1 October 2003, by section 23(2) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312D(1)(c): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 312D(1)(c): amended, on 1 October 2008, pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).

    Section 312D(1)(d): amended, on 1 October 2003, by section 23(1) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312D(2): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Section 312D(2): amended, on 1 October 2003, by section 23(1) of the Crimes Amendment Act 2003 (2003 No 39).

312E Effect of warrant
  • Every interception warrant shall have effect, according to its terms, to authorise the interception of private communications by means of an interception device.

    Section 312E: inserted, on 1 August 1987, by section 4 of the Crimes Amendment Act (No 2) 1987 (1987 No 167).

    Section 312E: amended, on 1 October 2003, by section 24 of the Crimes Amendment Act 2003 (2003 No 39).

312F Renewal of warrants
  • (1) Any Judge of the High Court may from time to time grant a renewal of an interception warrant upon application made at any time before the warrant (or any current renewal of the warrant) has expired.

    (2) Every application for the renewal of an interception warrant shall be made in the manner provided by section 312B or, as the case requires, section 312CA, and shall give—

    • (a) the reason and period for which the renewal is required; and

    • (b) full particulars, together with times and dates, of any interceptions made or attempted under the warrant, and an indication of the nature of the information that has been obtained by every such interception.

    (3) Every such application shall be supported by such other information as the Judge may require.

    (4) A renewal of an interception warrant may be granted under this section if the Judge is satisfied that the circumstances described in section 312C or, as the case requires, section 312CB still obtain.

    (5) Every renewal of an interception warrant shall be valid for such period, not exceeding 30 days, as the Judge shall specify in the renewal.

    (6) A renewal of an interception warrant may be granted upon an application made within the time prescribed by subsection (1) notwithstanding that the warrant (or any renewal of the warrant) has expired before the application is determined.

    (7) Nothing in this section shall prevent a Judge from granting a second or subsequent renewal of an interception warrant upon an application duly made.

    Section 312F: inserted, on 1 August 1987, by section 4 of the Crimes Amendment Act (No 2) 1987 (1987 No 167).

    Section 312F(2): amended, on 1 February 1998, by section 14(a) of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 312F(4): amended, on 1 February 1998, by section 14(b) of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

312G Emergency permits
  • (1) In any case where a Judge is satisfied that circumstances exist that would justify the grant of an interception warrant under section 312C or, as the case requires, section 312CB, but the urgency of the situation requires that the interception should begin before a warrant could with all practicable diligence be obtained, the Judge may, orally or in writing, grant an emergency permit for the interception of private communications in respect of particular premises or a particular place or a particular thing or a particular type of facility and in a particular manner.

    (2) [Repealed]

    (3) Any application for an emergency permit may be made orally, but otherwise every such application shall comply with the requirements of section 312B or, as the case requires, section 312CA.

    (4) Where the Judge grants the application for an emergency permit, the Judge shall forthwith make a note in writing of the particulars of the application. The note shall be filed in the High Court Registry nearest to where the application is made, and shall, for the purposes of section 312H(1), be deemed to be a document relating to the application for the permit. The Judge shall also make a note of the terms of the permit.

    (5) The provisions of section 312D, so far as they are applicable and with the necessary modifications, shall apply to emergency permits in the same manner as they apply to interception warrants.

    (6) Every emergency permit shall remain valid for 48 hours from the time when it is given, and shall then expire.

    (7) On filing the report required by section 312P, the constable who applied for the emergency permit (or, if that constable is not the constable filing the report, then the constable who is filing the report) may apply to the Judge who granted the permit (or, if that Judge is not the Judge receiving the report, then the Judge who is receiving the report) for a certificate confirming the permit pursuant to subsection (9).

    (8) Where the Police, within the period of 48 hours during which the emergency permit is valid, apply for an interception warrant in place of the permit, the constable applying for the warrant may also apply for a certificate confirming the permit pursuant to subsection (9).

    (9) The Judge to whom an application is made pursuant to subsection (7) or subsection (8) shall issue a certificate confirming the permit if the Judge is satisfied, having regard to the requirements of section 312C or, as the case requires, section 312CB, that if the original application for the emergency permit had been an application for an interception warrant, the Judge would have granted a warrant.

    (10) For the purposes of section 312M, an interception of a private communication pursuant to an emergency permit shall be deemed to have been made unlawfully unless the Judge to whom an application is made in accordance with subsection (7) or subsection (8) issues a certificate confirming the permit pursuant to subsection (9).

    Section 312G: inserted, on 1 August 1987, by section 4 of the Crimes Amendment Act (No 2) 1987 (1987 No 167).

    Section 312G(1): amended, on 1 October 2003, by section 25 of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312G(1): amended, on 1 February 1998, by section 15(a) of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 312G(2): repealed, on 1 February 1998, by section 15(b) of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 312G(3): amended, on 1 February 1998, by section 15(c) of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 312G(7): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 312G(8): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 312G(9): amended, on 1 February 1998, by section 15(d) of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

312H Security of applications
  • (1) As soon as an application for an interception warrant or for a renewal of an interception warrant or for an emergency permit or for a certificate confirming an emergency permit has been determined by the Judge, the Registrar shall place all documents relating to the application (except the warrant or renewal or permit or certificate itself) in a packet, seal the packet, and thereafter keep it in safe custody, subject to the succeeding provisions of this section.

    (2) Notwithstanding any enactment or rule of law or rules of court entitling any party to any proceedings to demand the production of any documents, no such party shall be entitled to demand the production of any documents held in safe custody pursuant to subsection (1), except in accordance with the succeeding provisions of this section.

    (3) Every such party who requires the production of any document held in safe custody pursuant to subsection (1) shall, except in a case to which subsection (9) or subsection (10) applies, apply in writing to the Registrar, who shall forthwith notify the senior constable in the district.

    (4) If, within 3 days after notice is given to the senior constable in the district under subsection (3), that constable gives written notice to the Registrar that that constable intends to oppose the production of the documents, the Registrar shall refer the matter to a Judge.

    (5) Where the senior constable in the district does not give such written notice to the Registrar, the Registrar shall produce the documents to the party applying for production.

    (6) Where a matter is referred to a Judge pursuant to subsection (4), both the person requesting production of the documents and the constable opposing production shall be given an opportunity to be heard.

    (7) If the Judge is satisfied that information in any document the production of which is in dispute identifies or is likely to lead to the identification of a person who gave information to the Police, or of any constable whose identity was concealed for the purpose of any relevant investigation and has not been subsequently revealed, the Judge may, if the Judge believes it in the public interest to do so, order that the whole or any specified part of the document be not produced.

    (8) Subject to the provisions of subsection (7), the Judge shall order the production of the documents to the party requesting it.

    (9) Where a request for the production of any document kept in safe custody pursuant to subsection (1) is made in the course of any proceedings presided over by a Judge and the request is opposed, the Judge shall adjudicate upon the matter as if it had been referred to the Judge pursuant to subsection (4).

    (10) Where such a request is made in the course of any other proceedings, the presiding judicial officer shall forthwith refer the matter to a Judge for adjudication.

    (11) Notwithstanding anything in this section, every Judge who is presiding over any proceedings in which the issue of an interception warrant or emergency permit is in issue shall be entitled to inspect any relevant document held under subsection (1).

    Section 312H: inserted, on 1 August 1987, by section 4 of the Crimes Amendment Act (No 2) 1987 (1987 No 167).

    Section 312H(3): amended, on 1 October 2008, pursuant to section 116(a)(iv) of the Policing Act 2008 (2008 No 72).

    Section 312H(4): amended, on 1 October 2008, pursuant to section 116(a)(iv) of the Policing Act 2008 (2008 No 72).

    Section 312H(5): amended, on 1 October 2008, pursuant to section 116(a)(iv) of the Policing Act 2008 (2008 No 72).

    Section 312H(6): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 312H(7): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

312I Destruction of irrelevant records made by use of interception device
  • (1) Every person who intercepts a private communication in pursuance of an interception warrant or any emergency permit must, as soon as practicable after it has been made, destroy any record, whether written or otherwise, of the information obtained by that interception if none of the information directly or indirectly relates to—

    • (a) the commission of a specified offence or a conspiracy to commit such an offence; or

    • (b) the commission of a serious violent offence or a conspiracy to commit such an offence; or

    • (c) a drug dealing offence or a prescribed cannabis offence (as those terms are defined in section 10 of the Misuse of Drugs Amendment Act 1978).

    (2) Every person who fails to comply with subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $500.

    Section 312I: inserted, on 1 August 1987, by section 4 of the Crimes Amendment Act (No 2) 1987 (1987 No 167).

    Section 312I heading: amended, on 1 October 2003, by section 26 of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312I(1): substituted, on 1 February 1998, by section 16 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

312J Destruction of relevant records made by use of interception device
  • (1) The Commissioner of Police must ensure that every record, whether written or otherwise, of the information obtained by the Police from the interception of a private communication in pursuance of an interception warrant or an emergency permit, being information that relates wholly or partly and directly or indirectly to—

    • (a) the commission of a specified offence or a conspiracy to commit such an offence; or

    • (b) the commission of a serious violent offence or a conspiracy to commit such an offence; or

    • (c) a drug dealing offence or a prescribed cannabis offence (as those terms are defined in section 10 of the Misuse of Drugs Amendment Act 1978),—

    is destroyed as soon as it appears that no proceedings, or no further proceedings, will be taken in which the information would be likely to be required to be produced in evidence.

    (2) Nothing in subsection (1) shall apply to—

    • (a) any record of any information adduced in proceedings in any court, or (in any case where the defendant pleads guilty) of any record of any information that, in the opinion of the Judge to whom the report referred to in subsection (3) is made, would have been adduced had the matter come to trial:

    • (b) any record of any information contained in any transcript or written statement given to any person in accordance with section 312L(a).

    (3) Every report made to a Judge in accordance with section 312P shall state whether or not subsection (1) has yet been complied with, and, if it has not, the Judge shall give such directions relating to the eventual destruction of the record as the Judge thinks necessary to ensure compliance with that subsection, including a requirement that the Judge be advised when the record has been destroyed.

    Section 312J: inserted, on 1 August 1987, by section 4 of the Crimes Amendment Act (No 2) 1987 (1987 No 167).

    Section 312J heading: amended, on 1 October 2003, by section 27 of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312J(1): substituted, on 1 February 1998, by section 17 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

312K Prohibition on disclosure of private communications lawfully intercepted
  • (1) No person who—

    • (a) intercepts or assists in the interception of a private communication in pursuance of an interception warrant or emergency permit; or

    • (b) acquires knowledge of a private communication as a direct or indirect result of that interception—

    shall knowingly disclose the substance, meaning, or purport of that communication, or any part of that communication, otherwise than in the performance of that person's duty.

    (2) Every person who acts in contravention of subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $500.

    Section 312K: inserted, on 1 August 1987, by section 4 of the Crimes Amendment Act (No 2) 1987 (1987 No 167).

312L Notice to be given of intention to produce evidence of private communication
  • Particulars of a private communication intercepted pursuant to an interception warrant or an emergency permit shall not be received in evidence by any court against any person unless the party intending to adduce it has given to that person reasonable notice of that person's intention to do so, together with—

    • (a) a transcript of the private communication where that person intends to adduce it in the form of a recording, or a written statement setting forth the full particulars of the private communication where that person intends to adduce oral evidence of it; and

    • (b) a statement of the time, place (if known), and date of the private communication, and of the names and addresses of the parties to the communication, if they are known.

    Section 312L: inserted, on 1 August 1987, by section 4 of the Crimes Amendment Act (No 2) 1987 (1987 No 167).

    Section 312L(b): amended, on 1 October 2003, by section 28 of the Crimes Amendment Act 2003 (2003 No 39).

312M Inadmissibility of evidence of private communications unlawfully intercepted
  • (1) Subject to subsections (2) to (4), where a private communication intercepted by means of an interception device otherwise than in pursuance of an interception warrant or emergency permit issued under this Part or of any authority conferred by or under any other enactment has come to the knowledge of a person as a direct or indirect result of that interception or its disclosure, no evidence so acquired of that communication, or of its substance, meaning, or purport, and no other evidence obtained as a direct or indirect result of the interception or disclosure of that communication, shall be given against any person, except in proceedings relating to the unlawful interception of a private communication by means of an interception device or the unlawful disclosure of a private communication unlawfully intercepted in that manner.

    (2) Even though certain evidence is inadmissible in criminal proceedings by virtue of subsection (1), a court may admit that evidence if the following conditions are satisfied:

    • (a) the proceedings are for—

      • (i) a specified offence, or a conspiracy to commit a specified offence; or

      • (ii) a serious violent offence, or a conspiracy to commit such an offence; and

    • (b) the evidence is relevant; and

    • (c) the evidence is inadmissible by virtue of subsection (1) merely because of a defect in form, or an irregularity in procedure, in—

      • (i) the application for or the granting of the interception warrant or emergency permit; or

      • (ii) the manner in which the evidence was obtained; and

    • (d) the defect in form or irregularity in procedure—

      • (i) was not substantive; and

      • (ii) was not the result of bad faith.

    (3) Subsection (1) shall not render inadmissible against any party to a private communication evidence of that communication that has, in the manner referred to in that subsection, come to the knowledge of the person called to give evidence, if all the parties to the communication consent to that person giving the evidence.

    (4) Subsection (1) shall not render inadmissible evidence of a private communication by any person who intercepted that communication by means of an interception device with the prior consent of any party to the communication.

    Section 312M: inserted, on 1 August 1987, by section 4 of the Crimes Amendment Act (No 2) 1987 (1987 No 167).

    Section 312M(1): amended, on 1 October 2003, by section 29 of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312M(2): substituted, on 1 February 1998, by section 18 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 312M(4): amended, on 1 October 2003, by section 29 of the Crimes Amendment Act 2003 (2003 No 39).

312N Restriction on admissibility of evidence of private communications lawfully intercepted
  • Even if the communication was intercepted under an interception warrant or an emergency permit, evidence of a private communication intercepted by means of an interception device, or of its substance, meaning, or purport, may not be given in any court unless the evidence relates to—

    • (a) a specified offence; or

    • (b) a conspiracy to commit a specified offence; or

    • (c) a terrorist offence; or

    • (d) a conspiracy to commit a terrorist offence; or

    • (e) a serious violent offence; or

    • (f) a conspiracy to commit a serious violent offence; or

    • (g) a drug dealing offence (as that term is defined in section 10 of the Misuse of Drugs Amendment Act 1978); or

    • (h) a prescribed cannabis offence (as that term is defined in section 10 of the Misuse of Drugs Amendment Act 1978); or

    • (i) offences of 2 or more of those kinds.

    Section 312N: substituted, on 31 October 2003, by section 9 of the Crimes Amendment Act (No 2) 2003 (2003 No 105).

312O Privileged evidence
  • Where evidence obtained by the interception of a private communication would, but for the interception, have been privileged by virtue of—

    • (a) any of the provisions of Part 3 of the Evidence Amendment Act (No 2) 1980; or

    • (b) any rule of law that confers privilege on communications of a professional character between a barrister or solicitor and a client,—

    such evidence shall remain privileged and shall not be given in any court, except with the consent of the person entitled to waive that privilege.

    Section 312O: inserted, on 1 August 1987, by section 4 of the Crimes Amendment Act (No 2) 1987 (1987 No 167).

312P Report to be made to Judge on use of warrant or permit
  • (1) As soon as practicable after an interception warrant or an emergency permit has expired, the constable who applied for it, or (if that constable is unable to act) another constable who is of or above the level of position of inspector, shall make a written report to the Judge who granted the warrant or permit, or (if that Judge is unable to act) to another Judge, on the manner in which the power conferred by the warrant or permit has been exercised and the results obtained by the exercise of that power.

    (2) Notwithstanding anything in section 312H, the Judge who receives a report under subsection (1) of this section shall be entitled to inspect any relevant document held under subsection (1) of that section.

    (3) Without limiting the generality of subsection (1), every report made for the purposes of that subsection shall contain the following information:

    • (a) where the interception device was placed:

    • (b) the number of interceptions made by means of the interception device:

    • (c) whether any relevant evidence was obtained by means of the interception device:

    • (d) whether any relevant evidence has been, or is intended to be, used in any criminal proceedings:

    • (e) whether any records of a private communication intercepted pursuant to the warrant or permit have been destroyed in accordance with section 312I or section 312J, and, if not, why they have not been destroyed:

    • (f) whether the interception device has been retrieved, and, if not, why it has not been retrieved.

    (4) On receiving a report under this section, the Judge may require such further information relating to the matter as the Judge thinks fit, and (in addition to any directions the Judge gives for the purposes of section 312J(3)) the Judge may give such directions as the Judge thinks desirable, whether relating to the retrieval of the interception device, or otherwise.

    Section 312P: inserted, on 1 August 1987, by section 4 of the Crimes Amendment Act (No 2) 1987 (1987 No 167).

    Section 319P(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 319P(1): amended, on 1 October 2008, pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).

    Section 312P(3)(a): amended, on 1 October 2003, by section 30 of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312P(3)(b): amended, on 1 October 2003, by section 30 of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312P(3)(c): amended, on 1 October 2003, by section 30 of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312P(3)(f): amended, on 1 October 2003, by section 30 of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312P(4): amended, on 1 October 2003, by section 30 of the Crimes Amendment Act 2003 (2003 No 39).

312Q Commissioner of Police to give information to Parliament
  • The Commissioner of Police must include in every annual report prepared by the Commissioner for the purposes of section 101 of the Policing Act 2008 the following information in respect of the period under review:

    • (a) the number of applications for warrants made under section 312B; and

    • (b) the number of applications for warrants made under section 312CA; and

    • (c) the number of applications for renewals of warrants made under section 312F; and

    • (d) the number of applications for emergency permits made under section 312G; and

    • (e) the number of applications referred to in each of paragraphs (a) to (d) that were granted, and the number that were refused; and

    • (f) in relation to each of the types of warrant referred to in paragraphs (a) and (b) that were issued,—

      • (i) the number of warrants that authorised the use of an interception device to intercept the private communications of a named individual:

      • (ii) the number of warrants that authorised the use of an interception device to intercept private communications at specified premises or a specified place:

      • (iii) the number of warrants that authorised entry onto private premises; and

    • (g) the number of occasions on which telephonic communications were intercepted under an emergency permit granted under section 312G; and

    • (ga) the number of occasions on which the Police used an interception device in reliance on section 216B(3)(b):

    • (h) the average duration of warrants (including renewals); and

    • (i) the number of prosecutions that have been instituted in which evidence obtained directly or indirectly from an interception carried out pursuant to a warrant or permit has been adduced, and the result of those prosecutions; and

    • (j) the number of prosecutions that have been instituted against constables (including former constables where the prosecution relates to behaviour occurring while they were constables) for—

      • (i) offences against section 216C (prohibition on disclosure of private communications unlawfully intercepted):

      • (ii) offences against section 312K (prohibition on disclosure of private communications lawfully intercepted).

    • (k) in relation to the emergency powers granted under section 216B(3),—

      • (i) whether or not the powers have been used:

      • (ii) the number of times the powers have been used:

      • (iii) the circumstances in which the powers were used:

      • (iv) the results of using the powers; and

    • (ka) in relation to road blocks authorised under section 317B,—

      • (i) the number of road blocks authorised; and

      • (ii) the reason for each authorisation; and

      • (iii) the number of persons (if any) arrested as a result of that authorisation; and

    • (l) the number of warrants that did not result in any charges being laid within 90 days of the date on which the warrant expired.

    Section 312Q: substituted, on 1 February 1998, by section 20 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 312Q: amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

    Section 312Q(f)(i): amended, on 1 October 2003, by section 31(1) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312Q(f)(ii): amended, on 1 October 2003, by section 31(1) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312Q(ga): inserted, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

    Section 312Q(j): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 312Q(k): added, on 1 October 2003, by section 31(2) of the Crimes Amendment Act 2003 (2003 No 39).

    Section 312Q(ka): inserted, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

    Section 312Q(l): added, on 1 October 2003, by section 31(2) of the Crimes Amendment Act 2003 (2003 No 39).

Part 12
Procedure

313 General provisions as to procedure
  • (1) This Part shall be read subject to any special provisions of this Act or of any other enactment relating to the procedure in any particular case.

    (2) Subject as aforesaid, the procedure, from information to committal for trial or sentence, shall be as prescribed by the Summary Proceedings Act 1957.

    (3) Except as otherwise provided in this Act, there shall be 1 uniform procedure in respect of all offences for which the offender is proceeded against by indictment.

    Compare: 1908 No 32 ss 356, 364

314 Procedure where prior consent to prosecution required
  • Where any one is charged with any offence in respect of which the leave or consent or certificate of a Judge or of the Attorney-General or of any other person to the laying of an information is required, the leave or consent or certificate may be endorsed on the information or set out in a memorandum, and the endorsement or memorandum shall be accepted by the court as proof that the leave or consent or certificate has been given.

    Compare: 1953 No 120 s 5(2)

    Section 314: amended, on 1 January 1981, by section 4(2) of the Crimes Amendment Act 1980 (1980 No 63).

General power to stop vehicles to exercise statutory search powers

  • Heading: inserted, on 1 January 1998, by section 21 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

314A Statutory search power
  • (1) For the purposes of sections 314B and 314C, a statutory search power means any power conferred by statute that expressly authorises any constable to search a vehicle, but does not include a power that itself authorises any constable to stop a vehicle.

    (2) A power conferred by statute described in subsection (1) is a statutory search power for the purposes of sections 314B and 314C whether or not the power conferred by statute—

    • (a) involves the issue of a warrant:

    • (b) authorises any other person to exercise that power.

    (3) For the purposes of this section and sections 314B and 314C, the term vehicle does not include any aircraft, hovercraft, ship or ferry or other vessel, train, or carriage.

    Section 314A: inserted, on 1 January 1998, by section 21 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 314A(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

314B General power to stop vehicles
  • (1) Any constable may stop a vehicle for the purpose of conducting a search under a statutory search power if the constable is satisfied that,—

    • (a) in respect of a statutory search power to search without a warrant, the ground or grounds, as the case may be, for exercising that statutory search power, as set out in the applicable statute, exist; or

    • (b) in respect of a statutory search power to search with a warrant, the warrant has been issued and is in force.

    (2) Any constable who stops a vehicle under subsection (1) must—

    • (a) be wearing a uniform or distinctive cap, hat, or helmet with a badge of authority affixed to that cap, hat, or helmet; or

    • (b) be following immediately behind the vehicle in a motor vehicle displaying flashing blue lights, or flashing blue and red lights, and sounding a siren.

    (3) A person driving a vehicle must stop the vehicle as soon as is practicable on being required to do so by a constable exercising the stopping power conferred by subsection (1).

    (4) Every constable exercising the stopping power conferred by subsection (1) must, immediately after the vehicle has stopped,—

    • (a) identify himself or herself to the driver of the vehicle; and

    • (b) tell the driver that the stopping power is being exercised under this section for the purpose of exercising a statutory search power; and

    • (c) tell the driver the statutory search power in respect of which the stopping power is being exercised; and

    • (d) if not in uniform and if so required, produce evidence that he or she is a constable.

    (5) Subsection (4) does not limit any other duties that a constable must carry out when exercising the applicable statutory search power.

    (6) Despite subsection (5), a constable need not carry out any duty that is contained in the applicable statutory search power if that duty is exactly the same as a duty contained in subsection (4).

    (7) This section does not limit or affect the powers of any person other than a constable under any power of search conferred by statute.

    Section 314B: inserted, on 1 January 1998, by section 21 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 314B(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 314B(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 314B(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 314B(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 314B(4)(d): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 314B(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 314B(6): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 314B(7): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

314C Powers incidental to stopping vehicles under section 314B
  • (1) This section applies whenever a vehicle is stopped under section 314B.

    (2) Any constable may do either or both of the following:

    • (a) require any person in or on the vehicle to state his or her name, address, and date of birth, or such of those particulars as the constable may specify:

    • (b) require that the vehicle remain stopped for as long as is reasonably necessary to enable a statutory search power to be exercised.

    (3) This section does not limit or affect the exercise of any other power, whether express or implied, that is incidental to the applicable statutory search power.

    Section 314C: inserted, on 1 January 1998, by section 21 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 314C(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 314C(2)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

314D Offences relating to stopping vehicles under section 314B
  • (1) Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, without reasonable excuse,—

    • (a) fails to stop as soon as is practicable when required to do so by a constable exercising the power conferred by section 314B(1); or

    • (b) fails to comply with a requirement made by a constable under paragraph (a) or paragraph (b) of section 314C(2).

    (2) Any constable may arrest without warrant any person whom the constable has good cause to suspect has committed an offence against subsection (1).

    Section 314D: inserted, on 1 January 1998, by section 21 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 314D(1)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 314D(1)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 314D(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Arrest

315 Arrest without warrant
  • (1) No one shall be arrested without warrant except pursuant to the provisions of—

    • (a) this Act; or

    • (b) some other enactment expressly giving power to arrest without warrant.

    (2) Any constable, and all persons whom he calls to his assistance, may arrest and take into custody without a warrant—

    • (a) any person whom he finds disturbing the public peace or committing any offence punishable by imprisonment:

    • (b) any person whom he has good cause to suspect of having committed a breach of the peace or any offence punishable by imprisonment:

    • (c) [Repealed]

    • (d) [Repealed]

    • (e) [Repealed]

    (3) The foregoing provisions of this section shall be read subject to the express provisions of any enactment imposing any limitations, restrictions, or conditions on the exercise of any power to arrest without warrant conferred on any constable by that enactment in respect of any specified offence or class of offences.

    (4) Where under any enactment other than this Act any officer or person, not being a constable, has power to arrest any other person without warrant, any constable may exercise that power in the same cases and in the same manner as that officer or person.

    (5) Nothing in this section shall limit or affect any of the provisions of Part 3 (which relates to matters of justification or excuse).

    Compare: 1908 No 32 ss 358, 359, 360; 1927 No 35 ss 3D(2), 73; 1952 No 42 s 11; 1958 No 87 s 2(2); 1960 No 119 s 2(1)

    Section 315(2)(a): amended, on 26 December 1989, by section 3(5) of the Abolition of the Death Penalty Act 1989 (1989 No 119).

    Section 315(2)(b): amended, on 26 December 1989, by section 3(5) of the Abolition of the Death Penalty Act 1989 (1989 No 119).

    Section 315(2)(c): repealed, on 1 February 1982, by section 51(1) of the Summary Offences Act 1981 (1981 No 113).

    Section 315(2)(d): repealed, on 1 February 1982, by section 51(1) of the Summary Offences Act 1981 (1981 No 113).

    Section 315(2)(e): repealed, on 1 February 1982, by section 51(1) of the Summary Offences Act 1981 (1981 No 113).

316 Duty of persons arresting
  • (1) It is the duty of every one arresting any other person to inform the person he is arresting, at the time of the arrest, of the act or omission for which the person is being arrested, unless it is impracticable to do so, or unless the reason for the arrest is obvious in the circumstances. The act or omission need not be stated in technical or precise language, and may be stated in any words sufficient to give that person notice of the true reason for his arrest.

    (2) It is the duty of every one who arrests any other person pursuant to any process or warrant—

    • (a) if he has the process or warrant in his possession at the time of the arrest, to produce it if required by that person to do so:

    • (b) if he does not have the process or warrant in his possession at the time of the arrest, to show it to the arrested person as soon as practicable after the arrest, if that person so requires.

    (3) Where under any enactment any person other than a constable has, by virtue of his office, a power of arrest without warrant, he shall, whenever he arrests any other person pursuant to that power,—

    • (a) if he has evidence of his appointment to that office in his possession at the time of the arrest, produce it if required by that person to do so:

    • (b) if he does not have evidence of his appointment in his possession at the time of the arrest, show it to the arrested person as soon as practicable after the arrest, if that person so requires.

    (4) A failure to fulfil any of the duties mentioned in the foregoing provisions of this section shall not of itself deprive the person arresting, or his assistants, of protection from criminal responsibility, but shall be relevant to the inquiry whether the arrest might not have been effected, or the process or warrant executed, by reasonable means in a less violent manner.

    (5) Every person who is arrested on a charge of any offence shall be brought before a court, as soon as possible, to be dealt with according to law.

    (6) Nothing in this section shall limit or affect the express provisions of any enactment whereby—

    • (a) the burden of proving the absence of reasonable or probable cause, or the absence of justification, for any arrest is on any person:

    • (b) any person having, by virtue of his office, a power of arrest without warrant is entitled, in any specified circumstances, to exercise that power without the production of evidence of his appointment to that office, or is required, in exercising the power, to comply with any specified conditions or restrictions in addition to or instead of producing evidence of his appointment.

    Compare: 1908 No 32 s 61

317 Power to enter premises to arrest offender or prevent offence
  • (1) Where any constable is authorised by this Act or by any other enactment to arrest any person without warrant, that constable, and all persons whom he calls to his assistance, may enter on any premises, by force if necessary, to arrest that person if the constable—

    • (a) has found that person committing any offence punishable by imprisonment and is freshly pursuing that person; or

    • (b) has good cause to suspect that that person has committed any such offence on those premises.

    (2) Any constable, and all persons whom he calls to his assistance, may enter on any premises, by force if necessary, to prevent the commission of any offence that would be likely to cause immediate and serious injury to any person or property, if he believes, on reasonable and probable grounds, that any such offence is about to be committed.

    (3) If, in any case to which this section applies, the constable is not in uniform and any person in actual occupation of the premises requires him to produce evidence of his authority, he shall before entering on the premises produce his badge or other evidence that he is a constable.

    (4) Nothing in this section shall affect in any way the power of any constable to enter any premises pursuant to a warrant.

    Section 317(1)(a): amended, on 26 December 1989, by section 3(6) of the Abolition of the Death Penalty Act 1989 (1989 No 119).

317A Power to stop vehicles for purpose of arrest
  • (1) Any constable who—

    • (a) has reasonable grounds to suspect that there is in or on any vehicle any person who either—

      • (i) is unlawfully at large; or

      • (ii) has committed an offence punishable by imprisonment; and

    • (b) either—

      • (i) is wearing a uniform or a distinctive cap, hat, or helmet with a badge of authority affixed thereto; or

      • (ii) is following immediately behind the vehicle in a motor vehicle displaying flashing blue lights, or flashing blue and red lights, and sounding a siren—

      may stop the vehicle for the purpose of arresting that person.

    (2) A person driving a vehicle must stop the vehicle as soon as is practicable on being required to do so by a constable exercising the power conferred by subsection (1).

    (3) Every constable exercising any power conferred by subsection (1) must, immediately after the vehicle has stopped,—

    • (a) identify himself or herself to the driver of the vehicle; and

    • (b) tell the driver that the power is being exercised under this section; and

    • (c) if not in uniform and if so required, produce evidence that he or she is a constable.

    (4) Where a vehicle fails to stop at a road block established under section 317B, subsection (1) applies and any constable may, in relation to that vehicle and any person in or on it, exercise all or any of the powers conferred by this section and sections 317AA and 317AB.

    (5) For the purposes of this section, the term unlawfully at large, in relation to any person, includes (but is not limited to) any case where a warrant for the arrest of that person is for the time being in force.

    Compare: 1961 No 43 s 202B; 1981 No 113 s 48(1); Road Traffic Act 1988 s 163 (UK)

    Section 317A: substituted, on 1 January 1998, by section 22 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 317A(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 317A(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 317A(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 317A(3)(c): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 317A(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

317AA Powers incidental to stopping vehicles under section 317A
  • (1) Subject to section 317A(3), where any vehicle is stopped pursuant to section 317A, any constable may do all or any of the following:

    • (a) require any person in or on any such vehicle to state his or her name, address, and date of birth, or such of those particulars as the constable may specify:

    • (b) search the vehicle for the purpose of—

      • (ii) locating property that is evidence of the commission of the offence in respect of which the vehicle is stopped pursuant to section 317A(1)(a)(ii),—

      if the constable or any other constable believes on reasonable grounds that such a person, or such property, is in or on the vehicle:

    • (c) use reasonable force to enter a vehicle for the purpose of conducting a search pursuant to paragraph (b):

    • (d) require that the vehicle remain stopped for as long as is reasonably necessary to enable a constable to exercise any powers conferred by this subsection, regardless of whether such powers are exercised in respect of—

      • (i) the vehicle; or

      • (ii) the occupants of the vehicle; or

      • (iii) the property in or on the vehicle.

    (2) Every constable exercising any power conferred by subsection (1)(b) must, before conducting the search, tell the driver the object of the proposed search.

    Section 317AA: inserted, on 1 January 1998, by section 22 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 317AA(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 317AA(1)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 317AA(1)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 317AA(1)(d): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 317AA(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

317AB Offences relating to stopping vehicles under section 317A
  • (1) Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, without reasonable excuse,—

    • (a) fails to stop as soon as is practicable when required to do so by a constable exercising the power conferred by section 317A(1); or

    • (b) fails to comply with a requirement made by a constable under paragraph (a) or paragraph (d) of section 317AA(1).

    (2) Any constable may arrest without warrant any person whom the constable has good cause to suspect has committed an offence against subsection (1).

    Compare: 1962 No 135 s 66(5)

    Section 317AB: inserted, on 1 January 1998, by section 22 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 317AB(1)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 317AB(1)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 317AB(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

317B Road blocks
  • (1) Where any senior constable (holding a level of position not lower than sergeant) has reasonable grounds to suspect that there is in or on any vehicle any person who—

    • (a) has committed an offence punishable by a term of imprisonment of 7 years or more; or

    • (b) is unlawfully at large,—

    that senior constable may authorise the establishment of a road block for the purpose of arresting that person if he or she—

    • (c) has reasonable grounds to suspect that the vehicle may travel past the place where it is proposed that the road block be established; and

    • (d) is satisfied that as far as is reasonably practicable the safety of all road users will be ensured in the area in which the road block is established.

    (2) An authorisation under this section—

    • (a) shall operate for an initial period not exceeding 24 hours, specified by the person giving the authorisation:

    • (b) may be renewed from time to time by a District Court Judge for such further period not exceeding 24 hours as the Judge may specify in writing.

    (3) An authorisation may be granted under this section orally or in writing, but in every case the person giving the authorisation shall keep or cause to be kept a written record of the following matters:

    • (a) the place at which the establishment of a road block was authorised:

    • (b) the period or periods for which the authorisation was granted or renewed:

    • (c) the grounds on which the authorisation was granted or renewed.

    (4) Subject to subsection (5), where a road block is authorised under this section, any constable may do all or any of the following:

    • (a) establish a road block at the place or places specified in the authorisation:

    • (b) stop vehicles at or in the vicinity of the road block:

    • (c) require any person in or on any such vehicle to state his or her name, address, and date of birth, or such of those particulars as the constable may specify:

    • (d) search the vehicle for the purpose of locating a person referred to in paragraph (a) or paragraph (b) of subsection (1), if the constable or any other constable believes on reasonable grounds that the person is in or on the vehicle:

    • (e) use reasonable force to enter a vehicle for the purpose of locating a person referred to in paragraph (a) or paragraph (b) of subsection (1), if the constable or any other constable believes on reasonable grounds that such a person is in the vehicle:

    • (f) require that the vehicle remain stopped for as long as is reasonably necessary to enable a constable to exercise any powers conferred by this subsection, regardless of whether such powers are exercised in respect of—

      • (i) the vehicle; or

      • (ii) the occupants of the vehicle.

    (5) Every constable exercising the power conferred by any of paragraphs (b) to (f) of subsection (4) shall identify himself or herself to the driver of the vehicle, tell the driver that the power is being exercised under this section, and, if not in uniform and if so required, produce evidence that he or she is a constable.

    (6) [Repealed]

    (7) Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, without reasonable excuse,—

    • (a) fails to stop, as soon as is practicable, when required to do so by a constable exercising the power conferred by subsection (4)(b); or

    • (b) fails to comply with a requirement made by a constable under paragraph (c) or paragraph (f) of subsection (4).

    (7A) Any constable may arrest without warrant any person whom the constable has good cause to suspect has committed an offence against subsection (7).

    (8) For the purposes of this section, road block means any form of barrier or obstruction preventing or limiting the passage of vehicles.

    (9) For the purposes of this section, a person is not unlawfully at large by reason only of the fact that a warrant for the arrest of that person is for the time being in force.

    Compare: Police and Criminal Evidence Act 1984 s 4 (UK)

    Section 317B: inserted, on 1 September 1993, by section 3 of the Crimes Amendment Act (No 2) 1993 (1993 No 46).

    Section 317B(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 317B(1): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

    Section 317B(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 317B(4): amended, on 1 January 1998, by section 23(1) of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 317B(4)(c): substituted, on 1 January 1998, by section 23(2) of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 317B(4)(c): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 317B(4)(d): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 317B(4)(e): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 317B(4)(f): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 317B(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 317B(6): repealed, on 1 January 1998, by section 23(3) of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 317B(7): amended, on 1 January 1998, by section 23(4) of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 317B(7)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 317B(7)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

    Section 317B(7A): inserted, on 1 January 1998, by section 23(5) of the Crimes Amendment Act (No 2) 1997 (1997 No 93).

    Section 317B(7A): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Bail

[Repealed]

  • Heading: repealed, on 1 January 2001, pursuant to section 74(2) of the Bail Act 2000 (2000 No 38).

318 When bail not allowable
  • [Repealed]

    Section 318: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

319 Rules as to granting bail
  • [Repealed]

    Section 319: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

319A Detention while bail bond prepared and signed
  • [Repealed]

    Section 319A: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

319B Variation of conditions of bail
  • [Repealed]

    Section 319B: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

320 Arrest of absconder
  • [Repealed]

    Section 320: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

320A Person on bail may be arrested without warrant in certain circumstances
  • [Repealed]

    Section 320A: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

320B Failure to answer bail
  • [Repealed]

    Section 320B: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

320C Non-performance of condition of bail bond to be certified by Judge
  • [Repealed]

    Section 320C: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

Plea of guilty after committal for trial

321 Person committed for trial may plead guilty before trial
  • (1) Where any person charged with any crime has been committed for trial, and, at any time before the commencement of the sittings to which he is committed for trial, desires to plead guilty to the crime, he shall sign a request in that behalf in form 3 of Schedule 2.

    (2) The request shall be sent to the Registrar of the court in the place to which the accused was committed for trial, and he shall as soon as practicable be brought before a Judge sitting in open court to be dealt with under this section.

    (3) If the accused is not in custody, notice shall be given to him of the time and place for attendance before the Judge.

    (4) On his attendance the accused shall be called upon to plead either guilty or not guilty to the crime for which he was committed for trial or, if the Judge so directs, to any other crime for which an indictment could have been filed against him following his committal for trial.

    (5) Before the accused is called upon to plead, the charge to which he is required to plead shall be read over to him.

    (6) If the accused then pleads guilty, the Judge shall have the same powers of sentencing or otherwise dealing with him, and of finally disposing of the charge to which the accused has pleaded guilty and of all incidental matters, as the Judge would have had if the accused on arraignment at any criminal sittings of the court had pleaded guilty to the charge on an indictment duly presented.

    (7) If the accused does not plead guilty as aforesaid, or if he does not attend in accordance with the notice given under subsection (3), or if it is not practicable for him to be dealt with by a Judge under this section before the commencement of the sittings to which he was committed for trial, he shall be treated in all respects as if he had not made any request to plead guilty in accordance with this section, and no comment shall be made at his trial for the crime charged on the fact that such a request has been made, nor shall the request be admissible in evidence against him.

    (8) Any bail bond entered into by any person in respect of the crime for which the accused was committed for trial shall cease to have effect when the accused, after pleading guilty, has been sentenced or otherwise dealt with under this section.

    Compare: 1936 No 58 s 41; 1954 No 50 s 56

    Section 321 heading: amended, on 1 May 1981, by section 5 of the Crimes Amendment Act (No 2) 1980 (1980 No 85).

    Section 321(1): amended, on 1 May 1981, by section 5(1) of the Crimes Amendment Act (No 2) 1980 (1980 No 85).

    Section 321(2): amended, on 1 May 1981, by section 5(2) of the Crimes Amendment Act (No 2) 1980 (1980 No 85).

    Section 321(4): amended, on 1 March 1996, by section 4(1) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).

Change of venue

322 Changing venue or sitting
  • (1) Where any person is committed for any crime to appear at any sitting of the High Court or of a District Court (hereinafter referred to as the court of committal), and it appears to a Judge or a District Court Judge (as the case may require) that it is expedient for the ends of justice that the person should be tried for that crime—

    • (a) where the High Court is the court of committal, at some place or at some sitting other than the place or sitting for trial to which he was committed, or at which he would in the ordinary course of law be tried; or

    • (b) where a District Court is the court of committal, at some District Court or at some sitting of the court of committal other than the court or sitting to which he was committed, or at which he would in the ordinary course of law be tried,—

    the Judge, either of his own motion, or on application made by or on behalf of the prosecutor or the person charged, may by order, either before or after an indictment is filed, direct that the person shall be tried at such place and sitting of the court, or (as the case may require) by such court and at such sitting of that court (hereinafter referred to as the substituted court), as he thinks fit.

    (2) Any application for an order as aforesaid may be made to a Judge when sitting in court or in Chambers; and it shall not be necessary for the person charged to be brought or appear in person before the Judge, either upon the making or the determination of the application, or to plead to any such indictment in the court of committal.

    (3) The Judge may make any such order subject to such conditions concerning bail and the payment of the costs of the prosecutor and witnesses, and of the removal of the indictment, and of the removal of the person charged, and concerning the publication of any report or account of the proceedings in connection with the making of the order, and concerning any other matter or thing whatsoever, as the Judge in his discretion thinks fit.

    (4) After any such order has been made, no indictment shall be filed to or at the court of committal against that person for the crime.

    (5) If the indictment has not been filed when the order is made, the indictment may be filed at the substituted court.

    (6) If the indictment has been filed when the order is made, the Registrar of the court of committal shall forthwith transmit to the Registrar of the substituted court the indictment and any bail bond, depositions, examinations, informations, or other documents relating to the alleged crime.

    (7) On the making of an order under subsection (1), the Registrar shall forthwith give notice of the order to the prison manager of any prison in which the person charged is then held.

    (8) Where any person is committed to the High Court for trial (otherwise than pursuant to an order for the transfer of the proceedings made under section 28J of the District Courts Act 1947), and before he is given in charge to the jury a Judge of that court is satisfied that every charge that is contained or that might lawfully be contained in the indictment discloses an offence within the jurisdiction of a District Court presided over by a Judge, he may make an order under this section directing that the person be tried at such sitting of a District Court (hereinafter referred to as the substituted court) as he thinks fit; and the provisions of this section and of sections 323 to 327 shall apply accordingly.

    Compare: 1908 No 32 s 370

    Section 322 heading: amended, on 1 May 1981, by section 6 of the Crimes Amendment Act (No 2) 1980 (1980 No 85).

    Section 322(1): substituted, on 1 May 1981, by section 6(1) of the Crimes Amendment Act (No 2) 1980 (1980 No 85).

    Section 322(1): amended, on 1 March 1996, by section 4(1) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).

    Section 322(4): amended, on 1 March 1996, by section 4(1) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).

    Section 322(5): amended, on 1 March 1996, by section 4(1) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).

    Section 322(6): amended, on 1 March 1996, by section 4(1) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).

    Section 322(7): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 322(8): added, on 1 May 1981, by section 6(2) of the Crimes Amendment Act (No 2) 1980 (1980 No 85).

323 Powers of court of committal as to custody or bail of accused
  • [Repealed]

    Section 323: repealed, on 1 January 2001, by section 74(2) of the Bail Act 2000 (2000 No 38).

324 Attendance of witnesses at substituted court
  • Where any witness has been summoned to give evidence at the trial, or has been served with a notice to attend under section 184V of the Summary Proceedings Act 1957, the Registrar of the court of committal may give notice in writing to that witness of the change in the place of trial; and service of that notice on the witness shall have the same effect as if it were a summons to give evidence at the substituted court.

    Compare: 1908 No 32 s 372

    Section 324: amended, on 29 June 2009, by section 18 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

325 Powers of substituted court to compel attendance
  • (1) For the purposes of the trial before the substituted court, the Judge of that court may issue any process for apprehending the person to be tried, and may compel the attendance of witnesses, or of the person to be tried, in the same manner as if the indictment were originally filed at the substituted court.

    (2) The Judge of the substituted court shall also have in respect of the person charged the same powers as the Judge of the court of committal has under section 323, and the provisions of that section shall apply accordingly, with all necessary modifications.

    Compare: 1908 No 32 ss 373, 375

    Section 325(1): amended, on 1 March 1996, by section 4(1) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).

326 Trial in substituted court
  • (1) Where an indictment is transmitted or removed to, or filed at, a substituted court, the charge may be dealt with, tried, and determined, and a verdict and judgment given, by and before that court in all respects as if the person charged had been originally committed for trial or the indictment had been filed at that court.

    (2) Except as provided in section 379A, it shall not be lawful for any person, by himself or by his counsel, to take any objection either in the court of committal or in the substituted court, or in the Court of Appeal, to any order of a Judge, or to any other proceeding under which an indictment is transmitted or removed to, or a trial ordered to be had at, the substituted court, or to any matter or thing set out or appearing on the face of the record, except to the indictment alone.

    (3) It shall not be necessary for any purpose to prove that an indictment has been duly transmitted or removed to the substituted court, but every such indictment shall be presumed to have been duly removed and transmitted upon production of it in the substituted court by the Registrar, and no evidence or proof to the contrary shall be admitted.

    Compare: 1908 No 32 ss 370(5), (6), 380, 381, 382

    Section 326(1): amended, on 1 March 1996, by section 4(1) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).

    Section 326(2): amended, on 1 May 1981, by section 7 of the Crimes Amendment Act (No 2) 1980 (1980 No 85).

    Section 326(2): amended, on 1 January 1967, by section 8(2) of the Crimes Amendment Act 1966 (1966 No 98).

327 Witnesses' expenses where indictment removed at instance of the Crown
  • Where on the application of the prosecutor an order is made for the trial of any person at a substituted court, any Judge may issue a certificate, upon the production of which there may be paid, out of money appropriated by Parliament for the payment of witnesses, such sum as the Minister of the Crown who is responsible for the Ministry of Justice may approve to enable that person to defray the expenses of the attendance of his witnesses.

    Compare: 1908 No 32 s 383

    Section 327: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

    Section 327: amended, on 1 July 1995, by section 10(1) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

Indictments

328 Form of indictment
  • (1) Every indictment shall be in form 4 of Schedule 2, or to the like effect.

    (2) Any mistake in the heading shall upon being discovered be forthwith amended, and whether amended or not shall be immaterial.

    Compare: 1908 No 32 s 386

329 Contents of counts
  • (1) Every count of an indictment shall contain and shall be sufficient if it contains in substance a statement that the accused has committed either some crime therein specified or, except where the indictment contains a count specifying a crime for which an offender may be proceeded against only by indictment, some offence therein specified that is punishable by imprisonment for a term exceeding 3 months; and for the purposes of this section and of sections 330 to 344 the term crime shall be deemed to include any such offence as aforesaid.

    (2) The statement may be made in popular language, without any technical averments or any allegations of matter not essential to be proved.

    (3) The statement may be in the words of the enactment describing the crime or declaring the matter charged to be a crime, or in any words sufficient to give the accused notice of the crime with which he is charged.

    (4) Every count shall contain so much detail of the circumstances of the alleged crime as is sufficient to give the accused reasonable information concerning the act or omission to be proved against him, and to identify the transaction referred to; but the absence or insufficiency of such details shall not vitiate the count.

    (5) A count may refer to any section or subsection of any enactment creating the crime charged therein, and in estimating the sufficiency of any such count the court shall have regard to such reference.

    (6) Every count shall in general apply only to a single transaction.

    Compare: 1908 No 32 s 387

    Section 329(1): amended, on 23 October 1963, by section 2 of the Crimes Amendment Act 1963 (1963 No 120).

330 Crimes may be charged in the alternative
  • (1) A count shall not be deemed objectionable on the ground that it charges in the alternative several different matters, acts, or omissions which are stated in the alternative in the enactment describing any crime, or declaring the matters, acts, or omissions charged to be a crime, or on the ground that it is double or multiple.

    (2) The accused may at any stage of the trial apply to the court to amend or divide any such count on the ground that it is so framed as to embarrass him in his defence.

    (3) The court, if satisfied that the ends of justice require it, may order any count to be amended, or divided into 2 or more counts; and on the order being made that count shall be so divided or amended, and thereupon a formal commencement may be inserted before each of the counts into which it is divided.

    Compare: 1908 No 32 s 388

331 Certain objections not to vitiate counts
  • No count shall be deemed objectionable or insufficient on the ground—

    • (a) that it does not contain the name of any person injuriously affected; or

    • (b) that it does not state who is the owner of any property therein mentioned; or

    • (c) that it charges an intent to defraud, without naming or describing the person whom it was intended to defraud; or

    • (d) that it does not set out any document which may be the subject of the charge; or

    • (e) that it does not set out the words used, where words used are the subject of the charge; or

    • (f) that it does not specify the means by which the crime was committed; or

    • (g) that it does not name or describe with precision any person or thing:

    provided that the court may, if satisfied that it is necessary for a fair trial, order that further particulars in writing of any such document, words, means, person, or thing be furnished by the prosecutor.

    Compare: 1908 No 32 s 389

332 Indictment for perjury or fraud
  • (1) No count charging perjury, the making of a false oath or of a false statement, or the fabrication of evidence, or procuring the commission of any of those crimes, shall be deemed insufficient on the ground that it does not state the nature or the authority of the tribunal before which the oath or statement was taken or made, or the subject of the inquiry, or the words used, or the evidence fabricated, or that it does not expressly negative the truth of the words used; but the court may order that the prosecutor shall furnish further particulars in writing of what is relied on in support of the charge.

    (2) No count charging any false pretence, or any fraud, or any attempt or conspiracy by fraudulent means, shall be deemed insufficient because it does not set out in detail in what the false pretence, or the fraud, or the fraudulent means consisted; but the court may order that the prosecutor shall furnish further particulars in writing of those matters, or any of them.

    Compare: 1908 No 32 s 390(1), (2)

333 General provisions as to counts not affected
  • None of the foregoing provisions of this Act as to matters that are not to render any count objectionable or insufficient shall be construed as restricting or limiting in any way the general provisions of this Part relating to the form and contents of counts.

    Compare: 1908 No 32 s 390(3)

334 Further particulars
  • (1) When any further particulars are delivered pursuant to the foregoing provisions of this Act, a copy shall be given without charge to the accused or his solicitor.

    (2) The further particulars shall be entered in or attached to the Crown Book; and the trial shall proceed in all respects as if the indictment had originally contained the further particulars.

    (3) In determining whether further particulars are required or not, and whether a defect in the indictment is material to the substantial justice of the case or not, the court may have regard to the depositions.

    Compare: 1908 No 32 s 391

335 Variance and amendment
  • (1) If on the trial of an indictment there appears to be a variance between the proof and the charge in any count of the indictment either as filed or as amended, or as it would have been if amended in conformity with any such further particulars, the court before which the case is tried, or the Court of Appeal, may amend the indictment, or any count in it, so as to make it conformable with the proof.

    (2) If the court is of opinion that the accused has not been misled or prejudiced in his defence by such variance it shall make the amendment.

    (3) If it appears that the indictment has been filed under some other enactment instead of under this Act, or under this Act instead of under some other enactment, or that there is in the indictment or in any count in it an omission to state or a defective statement of anything requisite to constitute the crime, or an omission to negative any exception that ought to be negatived, but that the matter omitted is proved by the evidence, the court before which the trial takes place, or the Court of Appeal, if of opinion that the accused has not been misled or prejudiced in his defence by the error or omission, shall amend the indictment or count as may be necessary.

    (4) In any such case the trial or the appeal may then proceed in all respects as if the indictment or count had been originally framed as amended.

    (5) If the court is of opinion that the accused has been misled or prejudiced in his defence by any such variance, error, omission, or defective statement as aforesaid, but that the effect of his being misled or prejudiced might be removed by adjourning or postponing the trial, the court may in its discretion make the amendment and adjourn the trial to a future day in the same sittings, or discharge the jury and postpone the trial to the next sittings of the court, on such terms as it thinks just.

    (6) Where an amendment of any indictment or count is made under this section by the Court of Appeal, that court may in its discretion, in making the amendment, either affirm the sentence or direct a new trial.

    (7) In determining whether the accused has been misled or prejudiced in his defence, the court that has to determine the question shall consider the contents of the depositions, as well as the other circumstances of the case.

    (8) The propriety of making or refusing to make any such amendment shall be deemed a question for the court, and the decision of the court upon it may be reserved for the Court of Appeal, or may be brought on appeal before the Court of Appeal, in the same manner as any other decision on a point of law.

    Compare: 1908 No 32 s 392

    Section 335(1): amended, on 1 March 1996, by section 4(1) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).

    Section 335(3): amended, on 1 March 1996, by section 4(1) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).

336 Indictment for treason
  • (1) Every indictment for treason must state overt acts, and no evidence shall be admitted of any overt act not stated unless it is otherwise relevant as tending to prove some overt act stated.

    (2) The power of the court to amend an indictment under section 335 shall not extend to authorise the court to add to the overt acts stated in the indictment.

    (3) Nothing in subsection (2) limits anything in section 345C.

    Compare: 1908 No 32 s 393

    Section 336(2): amended, on 1 March 1996, by section 4(1) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).

    Section 336(3): added, on 1 March 1996, by section 4(1) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).

337 Attempt proved when crime is charged
  • Where the commission of the crime charged is not proved, but the evidence establishes an attempt to commit the crime, the accused may be convicted of the attempt.

    Compare: 1908 No 32 s 394

338 Crime proved when attempt is charged
  • (1) Where an attempt to commit a crime is charged, but the evidence establishes the commission of the full crime, the accused may be convicted of the attempt.

    (2) After a conviction for that attempt the accused shall not be liable to be tried again for the crime which he was charged with attempting to commit.

    Compare: 1908 No 32 s 395

339 Part of charge proved
  • (1) Every count shall be deemed divisible; and if the commission of the crime charged, as described in the enactment creating the crime or as charged in the count, includes the commission of any other crime, the person accused may be convicted of any crime so included which is proved, although the whole crime charged is not proved; or he may be convicted of an attempt to commit any crime so included.

    (2) On a count charging murder, the jury may—

    • (a) in accordance with section 337, find the accused guilty of an attempt to commit murder; or

    • (b) if the evidence proves manslaughter but does not prove murder, find the accused guilty of manslaughter—

    but shall not on that count, except in accordance with subsection (2) of section 178 (which relates to infanticide) find the accused guilty of any other offence.

    (3) [Repealed]

    Compare: 1908 No 32 s 396

    Section 339(2): substituted, on 1 January 1974, by section 8 of the Crimes Amendment Act 1973 (1973 No 118).

    Section 339(3): repealed, on 1 February 1986, by section 4 of the Crimes Amendment Act (No 3) 1985 (1985 No 160).

340 Joinder of counts
  • (1) Any number of counts for any crimes whatever may be joined in the same indictment, and shall be distinguished in the manner shown in form 4 of Schedule 2, or to the like effect.

    (2) Where there are more counts than 1 in an indictment each count may be treated as a separate indictment.

    (3) If the court thinks it conducive to the ends of justice to do so it may order that the accused shall be tried upon any 1 or more of such counts separately.

    (4) Any such order may be made either before or in the course of the trial, and if it is made in the course of the trial the jury shall be discharged from giving a verdict on the counts on which the trial is not to proceed.

    (5) The counts in the indictment which are not then tried shall be proceeded upon in all respects as if they had been filed in a separate indictment.

    (6) Unless there are special reasons, no order shall be made preventing the trial at the same time of any number of crimes involving dishonesty not exceeding 5, alleged to have been committed within 6 months from the first to the last of such crimes, whether committed against the same person or not.

    (7) If 1 sentence is passed upon any verdict of guilty on more counts than 1 the sentence shall be good if any of those counts would have justified the sentence.

    Compare: 1908 No 32 s 397

    Section 340(1) proviso: repealed, on 1 January 1974, by section 9 of the Crimes Amendment Act 1973 (1973 No 118).

    Section 340(5): amended, on 1 March 1995, by section 4(1) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).

341 Charge of previous conviction
  • (1) Where any count contains an allegation that the accused has been previously convicted, the following provisions shall apply:

    • (a) he shall not at the time of his arraignment be required to plead to that allegation, unless he pleads guilty to the rest of that count and to the rest of the indictment:

    • (b) if he pleads not guilty to the rest of that count, or to any other count in the indictment, the allegation shall not be mentioned to the jury when he is given in charge to them:

    • (c) if he pleads guilty to or is convicted on any count, then, before he is called upon to say why sentence should not be passed upon him, he shall be asked whether or not he has been previously convicted as alleged, and if he says that he has not, or does not say that he has been so convicted, the jury shall be charged to inquire into the matter, as in other cases.

    (2) Notwithstanding anything in subsection (1), where at the trial of the accused evidence of his good character is given on the part of the accused, the prosecutor, in answer to that evidence, may prove the previous conviction.

    Compare: 1908 No 32 s 398

342 Objections to indictment
  • (1) No objection to an indictment shall be taken by way of demurrer, but if an indictment does not state in substance a crime the prosecutor or the accused may move the court to amend it, or the accused may move the court to quash it or in arrest of judgment, as provided in this section.

    (2) If the motion is made before the accused pleads, the court shall in its discretion either quash the indictment or amend it.

    (3) If the defect in the indictment appears to the court during the trial the court may if it thinks fit amend it, or may in its discretion quash the indictment or leave the objection to be taken in arrest of judgment.

    Compare: 1908 No 32 s 399

343 Indictment of parties
  • Every one who is a party to any crime may be convicted either upon a count charging him with