Summary Offences Act 1981

1: Short Title and commencement
1: This Act may be cited as the Summary Offences Act 1981.
2: Except as provided in section 49(2)
2: Interpretation
1: In this Act, unless the context otherwise requires,— assault to assault authorised officer section 4 claim of right section 2(1) constable section 4 crime involving dishonesty section 2(1) intoxicating liquor section 5(1) is liable medical practitioner section 114(1)﻿(a) newspaper offence involving violence Schedule 3 Police dog section 4 Police dog handler section 4 prison officer section 3(1) public place serious drug offence Schedule 4 shop
a: includes—
i: an auction mart; and
ii: a barrow, stall, or other subdivision of a market; but
b: does not include a building, place, or part of a building or place, where the only business carried on is that of selling goods to people who are dealers, and buy the goods to sell them again spraycan
a: contains paint, dye, ink, or some other pigment; and
b: is so designed that the pigment it contains can be propelled from it (whether by a compressed or liquefied gas, or by mechanical means) traffic officer
2: Without limiting the definition of the term public place in subsection (1), for the purposes of this Act, a person is in a public place
3: When it is provided in this Act that any person is liable to any punishment for doing or omitting to do any act, every person doing or omitting to do that act is, subject to the provisions of this Act, guilty of an offence. 1927 No 35 ss 2, 40 1954 No 51 s 2 1955 No 21 s 2 1955 No 85 s 6 1955 No 98 s 2 1961 No 43 s 2 1962 No 135 s 2 1978 No 34 s 2 1979 No 59 s 8(3) Section 2(1) authorised officer inserted 1 October 2008 section 127(1) Policing Act 2008 Section 2(1) claim of right inserted 1 October 2003 section 34 Crimes Amendment Act 2003 Section 2(1) colour of right repealed 1 October 2003 section 34 Crimes Amendment Act 2003 Section 2(1) constable substituted 1 October 2008 section 127(2) Policing Act 2008 Section 2(1) crime repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 2(1) crime involving dishonesty replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 2(1) crime involving violence repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 2(1) intoxicating liquor replaced 18 December 2013 section 4 Summary Offences (Alcohol Reform) Amendment Act 2012 Section 2(1) is liable replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 2(1) medical practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) offence involving violence inserted 1 July 2013 section 413 Criminal Procedure Act 2011 Section 2(1) Police dog inserted 1 October 2008 section 127(1) Policing Act 2008 Section 2(1) Police dog handler inserted 1 October 2008 section 127(1) Policing Act 2008 Section 2(1) prison officer substituted 1 March 1995 Penal Institutions Amendment Act 1994 Section 2(1) prison officer amended 1 June 2005 section 206 Corrections Act 2004 Section 2(1) serious drug offence inserted 1 January 1998 section 2 Summary Offences Amendment Act 1997 Section 2(1) shop inserted 25 September 2008 section 6(2) Summary Offences (Tagging and Graffiti Vandalism) Amendment Act 2008 Section 2(1) spraycan inserted 26 June 2008 section 5(2) Summary Offences (Tagging and Graffiti Vandalism) Amendment Act 2008 Section 2(1) unlawful weapon repealed 7 May 1999 section 2(2) Summary Offences Amendment Act 1999 Offences against public order
3: Disorderly behaviour
Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000 1927 No 35 ss 3D, 34 1957 No 87 s 213 1960 No 119 s 2(1) 1967 No 154 s 2(1) Section 3 amended 1 January 1998 section 7 Summary Offences Amendment Act 1997
4: Offensive behaviour or language
1: Every person is liable to a fine not exceeding $1,000
a: in or within view of any public place, behaves in an offensive or disorderly manner; or
b: in any public place, addresses any words to any person intending to threaten, alarm, insult, or offend that person; or
c: in or within hearing of a public place,—
i: uses any threatening or insulting words and is reckless whether any person is alarmed or insulted by those words; or
ii: addresses any indecent or obscene words to any person.
2: Every person is liable to a fine not exceeding $500
3: In determining for the purposes of a prosecution under this section whether any words were indecent or obscene, the court shall have regard to all the circumstances pertaining at the material time, including whether the defendant had reasonable grounds for believing that the person to whom the words were addressed, or any person by whom they might be overheard, would not be offended.
4: It is a defence in a prosecution under subsection (2) if the defendant proves that he had reasonable grounds for believing that his words would not be overheard.
5: Nothing in this section shall apply with respect to any publication within the meaning of the Films, Videos, and Publications Classification Act 1993 1927 No 35 ss 3D, 48 1954 No 50 s 40(1) 1967 No 154 s 2(1) Section 4(1) amended 1 January 1998 section 7 Summary Offences Amendment Act 1997 Section 4(2) amended 1 January 1998 section 7 Summary Offences Amendment Act 1997 Section 4(5) added 1 October 1994 section 150(1) Films, Videos, and Publications Classification Act 1993
5: Disorderly behaviour on private premises
1: Where 3 or more persons, each of whom has been convicted of a relevant offence within the previous 2 years, conduct themselves on any private premises in such a manner as to cause persons in the neighbourhood of those premises to fear on reasonable grounds that those 3 or more persons will commit or cause any other person to commit any relevant offence in that neighbourhood or elsewhere, each of those 3 or more persons is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000
2: In this section relevant offence
a: any offence of, or of which an ingredient is,—
i: assault; or
ii: threatening or offensive or disorderly behaviour; or
iii: possession of offensive weapons:
b: an offence against section 86 section 87 1927 No 35 s 34A 1976 No 157 s 2 Section 5(1) amended 1 January 1998 section 7 Summary Offences Amendment Act 1997
5A: Disorderly assembly
1: A disorderly assembly is an assembly of 3 or more persons who, in any public place, assemble in such a manner, or so conduct themselves when assembled, as to cause a person in the immediate vicinity of the assembly to fear on reasonable grounds that the persons so assembled—
a: will use violence against persons or property; or
b: will commit an offence against section 3 in that vicinity.
2: Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000
a: continues to participate in the disorderly assembly; or
b: having desisted from that disorderly assembly, participates in another disorderly assembly in circumstances in which it is reasonable to deem the warning to have applied to the new assembly as well as the original one.
3: This section shall not apply to any group of persons who assemble in any public place for the purpose of demonstrating support for, or opposition to, or otherwise publicising, any point of view, cause, or campaign. Section 5A inserted 5 June 1989 Summary Offences Amendment Act 1989 Section 5A(2) amended 1 January 1998 section 7 Summary Offences Amendment Act 1997
6: Associating with convicted thieves
1: Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000
2: No charging document for an offence against this section may be filed unless the defendant has been warned by any constable on at least 3 separate occasions that his or her continued association with the convicted thief may lead to a charge being brought against him or her under this section.
2A: To avoid any doubt, if a person who is a convicted thief habitually associates with another convicted thief in the circumstances specified in subsection (1), this section does not prevent one or both of those persons from being charged with an offence under this section.
3: In this section convicted thief 1927 No 35 s 49(d) 1967 No 154 s 2(1) Section 6(1) amended 1 January 1998 section 7 Summary Offences Amendment Act 1997 Section 6(2) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 6(2A) inserted 1 January 1998 section 3 Summary Offences Amendment Act 1997
6A: Associating with violent offenders
1: Every person commits an offence against this section who habitually associates with a violent offender in circumstances from which it can reasonably be inferred that the association will lead to the commission of an offence
2: No charging document for an offence against this section may be filed
a: the defendant has been warned by any constable on at least 3 separate occasions that his or her continued association with the violent offender may lead to a charge being brought against him or her under this section; and
b: every warning under paragraph (a) in respect of an association with a violent offender is given not more than 7 years after the date of that violent offender's last conviction for an offence
3: This section does not apply in respect of any habitual association between 2 persons in either of the following circumstances:
a: where a protection order is in force under the Family Violence Act 2018
b: where—
i: both persons are, or have been, in a family relationship (as defined by section 12
ii: the offences offences family relationship
4: To avoid any doubt, if a person who is a violent offender habitually associates with another violent offender in the circumstances specified in subsection (1), this section does not prevent one or both of those persons from being charged with an offence under this section.
5: Every person who commits an offence against this section is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000.
6: In this section violent offender an offence Section 6A inserted 1 January 1998 section 4 Summary Offences Amendment Act 1997 Section 6A(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 6A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 6A(2)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 6A(3)﻿(a) amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 6A(3)﻿(b)﻿(i) amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 6A(3)﻿(b)﻿(ii) amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 6A(3)﻿(b)﻿(ii) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 6A(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011
6B: Associating with serious drug offenders
1: Every person commits an offence against this section who habitually associates with a serious drug offender in circumstances from which it can reasonably be inferred that the association will lead to the commission of a serious drug offence by that person or any such offender.
2: This section does not apply in respect of a serious drug offence against—
a: section 6 Part 1
b: section 9 Cannabis unless the serious drug offence involved dealing with a substantial amount of that drug or cultivation of that drug on a substantial scale, as the case may be.
3: No charging document for an offence against this section may be filed
a: the defendant has been warned by any constable on at least 3 separate occasions that his or her continued association with the serious drug offender may lead to a charge being brought against him or her under this section; and
b: every warning under paragraph (a) in respect of an association with a serious drug offender is given not more than 7 years after the date of that serious drug offender's last conviction for a serious drug offence.
4: To avoid any doubt, if a person who is a serious drug offender habitually associates with another serious drug offender in the circumstances specified in subsection (1), this section does not prevent one or both of those persons from being charged with an offence under this section.
5: Every person who commits an offence against this section is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000.
6: In this section serious drug offender Section 6B inserted 1 January 1998 section 4 Summary Offences Amendment Act 1997 Section 6B(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
6C: Proof of habitual association
1: In proceedings for an offence against section 6 section 6A section 6B
a: on at least 3 separate occasions, a constable gave the defendant a warning that satisfies the requirements of—
i: section 6(2)
ii: section 6A(2)
iii: section 6B(3)
b: all 3 warnings were given within a period of 2 years.
2: Subsection (1) does not limit the manner in which the prosecution may prove that the association was an habitual association. Section 6C inserted 1 January 1998 section 4 Summary Offences Amendment Act 1997
7: Fighting in public place
Every person is liable to a fine not exceeding $1,000 1927 No 35 s 3B 1960 No 7 s 2(1) 1967 No 154 s 2(1) Section 7 amended 1 January 1998 section 7 Summary Offences Amendment Act 1997
8: Publishing document or thing explaining manufacture of explosives, etc
1: Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000 restricted weapon (within the meaning of section 2
2: It is a defence in a prosecution under this section if the defendant proves that it was reasonable in all the circumstances to print or publish or make the description or depiction to which the prosecution relates. 1927 No 35 s 34B 1976 No 157 s 3 Section 8(1) amended 7 May 1999 section 2(1) Summary Offences Amendment Act 1999 Section 8(1) amended 1 January 1998 section 7 Summary Offences Amendment Act 1997 Offences against persons or property
9: Common assault
Every person is liable to imprisonment for a term not exceeding 6 months or a fine not exceeding $4,000 1952 No 43 s 4(1) 1967 No 154 s 2(2) 1970 No 138 s 2(1) Section 9 amended 1 January 1998 section 7 Summary Offences Amendment Act 1997
10: Assault on Police, prison, or traffic officer
Every person is liable to imprisonment for a term not exceeding 6 months or a fine not exceeding $4,000 1927 No 35 s 77A(1) 1974 No 134 s 2(1) Section 10 amended 1 January 1998 section 7 Summary Offences Amendment Act 1997
10A: Ill-treatment or wilful neglect of child
Section 10A repealed 19 March 2012 section 10(2) Crimes Amendment Act (No 3) 2011
10B: Leaving child without reasonable supervision and care
Every person is liable to a fine not exceeding $2,000 1974 No 72 s 9 Section 10B inserted 1 November 1989 section 453 Children, Young Persons, and Their Families Act 1989 Section 10B amended 1 January 1998 section 7 Summary Offences Amendment Act 1997
11: Wilful damage
1: Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000
a: damages any property; or
b: sets on fire any tree or other vegetation.
2: For the purposes of subsection (1), a person does an act intentionally if he does it intentionally or recklessly, and without lawful justification or excuse or claim of right
3: The fact that the person charged had an interest in the property at the material time shall not prevent his act constituting an offence against this section if he did it with intent to defraud or to cause loss to any other person.
4: For the purposes of subsection (3), where any property is subject to any mortgage or charge, each of the parties to the mortgage or charge shall be deemed to have an interest in the property. 1927 No 35 s 6(1), (3)–(6) 1952 No 43 s 2 1960 No 7 s 5 1967 No 154 s 2(1) Section 11(1) amended 1 January 1998 section 7 Summary Offences Amendment Act 1997 Section 11(2) amended 1 October 2003 section 34 Crimes Amendment Act 2003
11A: Graffiti vandalism, tagging, defacing, etc
A person is liable to a community-based sentence (within the meaning of section 4(1)
a: without lawful authority; and
b: without the consent of the occupier or owner or other person in lawful control. Section 11A inserted 26 June 2008 section 4(1) Summary Offences (Tagging and Graffiti Vandalism) Amendment Act 2008
11B: Possession of graffiti implements
A person is liable to a sentence of community work or a fine not exceeding $500, or to both, if without reasonable excuse he or she has in his or her possession a thing capable of being used to commit an offence against section 11A Section 11B inserted 26 June 2008 section 4(1) Summary Offences (Tagging and Graffiti Vandalism) Amendment Act 2008
12: Acts endangering safety
Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000
a: places or makes any obstruction; or
b: digs and leaves any hole; or
c: removes any protective structure or any warning sign or device. 1927 No 35 ss 4(1)﻿(p), 5(a), (b) Section 12 amended 1 January 1998 section 7 Summary Offences Amendment Act 1997
13: Things endangering safety
Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000 1961 No 43 ss 156 202 Section 13 amended 1 January 1998 section 7 Summary Offences Amendment Act 1997
13A: Possession of knives
1: Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000
2: On convicting any person of an offence against subsection (1), the court may order that the knife be forfeited to the Crown. Section 13A inserted 28 October 1986 Summary Offences Amendment Act 1986 Section 13A(1) amended 1 January 1998 section 7 Summary Offences Amendment Act 1997 Section 13A(2) inserted 1 August 1987 Summary Offences Amendment Act (No 2) 1987
13B: Possession of high-power laser pointers
1: Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000 who, in any public place, without reasonable excuse, has any high-power laser pointer in his or her possession.
2: On convicting any person of an offence against subsection (1), the court may order that the high-power laser pointer be forfeited to the Crown.
3: In this section, high-power laser pointer
a: in the Director-General of Health's opinion, is of the kind commonly known as a laser pointer; and
b: is battery operated; and
c: is designed or intended to be operated while held in the hand; and
d: produces a coherent beam of optical radiation of low divergence; and
e: has a power output of greater than 1 milliwatt. Section 13B inserted 24 August 2014 section 4 Summary Offences (Possession of High-power Laser Pointers) Amendment Act 2014
14: Possession of burglary tools
Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000 1952 No 35 s 52(1)﻿(f) 1961 No 43 s 244(1)﻿(a), (b) Section 14 amended 1 January 1998 section 7 Summary Offences Amendment Act 1997 Spraycans Heading inserted 26 June 2008 section 5(1) Summary Offences (Tagging and Graffiti Vandalism) Amendment Act 2008
14A: Sale of spraycans to people under 18 prohibited
1: A person who sells a spraycan to a person under the age of 18 years is liable to a fine not exceeding $1,500.
2: In any proceedings for an offence against subsection (1) in respect of selling a spraycan to a person (the buyer
a: the defendant is—
i: a Board (within the meaning of section 10(1)
ii: the governing body of a tertiary education provider (within the meaning of section 10(1)
b: when the spraycan was sold, the buyer was enrolled at a school or institution managed by the Board or tertiary education provider; and
c: the spraycan was sold to the buyer to enable him or her to undertake the work of his or her course at the school or institution, or to complete an assignment or project for the school or institution.
3: In any proceedings for an offence against subsection (1) in respect of selling a spraycan to a person (the buyer
a: before or at the time of the sale of the spraycan, there was produced to the defendant a document purporting to be an evidence of age document; and
b: the defendant believed on reasonable grounds that the document—
i: was in fact an evidence of age document; and
ii: related to the buyer; and
iii: indicated that the buyer was of or over the age of 18 years.
4: For the purposes of subsection (3), evidence of age document
a: contains—
i: a photograph of the person to whom it is issued; and
ii: information enabling the person's age to be determined; and
b: is—
i: a New Zealand passport; or
ii: an overseas passport; or
iii: a driver licence issued under the Land Transport Act 1998
iv: a document of the kind described in section 2A(2)﻿(d) Section 14A inserted 26 June 2008 section 5(1) Summary Offences (Tagging and Graffiti Vandalism) Amendment Act 2008 Section 14A(2)﻿(a)﻿(i) amended 1 August 2020 section 668 Education and Training Act 2020 Section 14A(2)﻿(a)﻿(ii) amended 1 August 2020 section 668 Education and Training Act 2020
14B: Access to spraycans in shops to be restricted
1: This subsection applies to a spraycan if—
a: it is kept for sale in a part of a shop to which members of the public have access; and
b: it is not—
i: under the physical control of the occupier of the shop, or an agent or employee of the occupier; or
ii: under the physical control of a potential buyer who is being directly supervised by the occupier of the shop, or an agent or employee of the occupier; and
c: the shop is open to the public.
2: The occupier of a shop must ensure that every spraycan in the shop to which subsection (1) applies is stored in such a way that members of the public cannot obtain possession of it without the help of the occupier, or an agent or employee of the occupier.
3: The occupier of a shop who fails or refuses to comply with subsection (2) is liable to a fine not exceeding $1,500. Section 14B inserted 25 September 2008 section 6(1) Summary Offences (Tagging and Graffiti Vandalism) Amendment Act 2008 Offences resembling forgery or fraud
15: Seeking donations by false pretence
Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $1,000 who solicits, gathers, or collects alms, subscriptions, or contributions by means of any false pretence. 1927 No 35 s 52(1)﻿(c) 1954 No 50 s 40(1) 1967 No 154 s 2(1)
16: Acting as medium with intent to deceive
1: Every person is liable to a fine not exceeding $1,000 who, acting for reward,—
a: with intent to deceive, purports to act as a spiritualistic medium or to exercise any powers of telepathy or clairvoyance or other similar powers; or
b: uses any fraudulent device in purporting to act as a spiritualistic medium or in purporting to exercise any such powers.
2: For the purposes of this section, a person shall be deemed to act for reward if in respect of what he does any money is paid, or any valuable thing is given, whether to him or to any other person.
3: Nothing in subsection (1) shall apply to anything done solely for the purpose of entertainment. 1952 No 43 s 12(1A), (2), (3) 1960 No 7 s 10 1967 No 154 s 2(2)
17: Publishing false notice of birth, marriage,
civil union,
1: Every person is liable to a fine not exceeding $500 who—
a: sends or delivers or causes to be sent or delivered to the proprietor, printer, or publisher of any newspaper, for the purpose of publication in that newspaper, a notice of the birth of a child, or of the marriage or civil union
b: being a printer or publisher of a newspaper, prints or publishes any such notice knowing it to be untrue.
2: Every printer or publisher of a newspaper is liable to a fine not exceeding $100 who, on application in writing made to him by a person interested within 14 days after the publication in the newspaper of the notice of a birth, a marriage, a civil union, 1927 No 35 s 19(1), (2) 1967 No 154 s 2(1) Section 17 heading amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 17(1)﻿(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 17(2) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005
18: Imitation of court documents
1: Every person is liable to a fine not exceeding $500 who sends or delivers or causes to be sent or delivered to any other person any document that is intended or is likely, by reason of its wording or appearance or in any other manner, to cause any person to believe, contrary to the fact, that—
a: the document has been issued by or with the authority of a court or Judge or Justice or Community Magistrate
b: the issue or delivery of the document has any legal effect or operation as a step or process in or preliminary to any civil or criminal proceedings.
2: Every person is liable to a fine not exceeding $500 who prints or sells or offers for sale any printed form of document intended to be filled up and used as a document the delivery of which to any person would constitute an offence against subsection (1).
3: It is no defence in a prosecution under this section that—
a: the person who received the document was not actually deceived by it; or
b: the document does not purport to be any summons, notice, or other document—
i: that any actual court or Judge or Justice or Community Magistrate
ii: the issue of which has any legal effect or operation of a kind referred to in subsection (1). 1927 No 35 s 20(1)–(3) 1967 No 154 s 2(1) Section 18(1)﻿(a) amended 30 June 1998 section 2 Summary Offences Amendment Act 1998 Section 18(3)﻿(b)﻿(i) amended 30 June 1998 section 2 Summary Offences Amendment Act 1998
19: Imitation of official documents
1: Every person is liable to a fine not exceeding $500 who issues or distributes or publicly exhibits or causes to be issued or distributed or publicly exhibited any document that is intended or is likely, by reason of its wording or appearance or in any other manner, to cause any person to believe, contrary to the fact, that—
a: the document is an official document; or
b: the document is or contains a copy of or an extract from an official document; or
c: the document sets forth the substance of an official document.
2: In this section official document
a: Her Majesty; or
b: the Governor-General; or
c: the Executive Council; or
d: any Minister or officer in the service of the Crown in his capacity as such; or
e: any local or public authority; or
f: any member or officer of any local or public authority in his capacity as such. 1927 No 35 s 21 1967 No 154 s 2(1)
20: False claim of qualifications
1: Every person is liable to a fine not exceeding $500 who, in connection with his business, trade, calling, or profession, publicly uses any written words, initials, or abbreviation of words intended or likely to cause any person to believe, contrary to the fact, that—
a: he holds a degree, diploma, or certificate granted or issued by any university or other institution, society, or association, whether in New Zealand or elsewhere; or
b: he is a member, associate, or fellow of any such institution, society, or association.
2: In a prosecution under this section the burden of proving that the defendant holds such degree, diploma, or certificate, or is a member, associate, or fellow of any such institution, society, or association, shall be on the defendant.
3: It is no defence in a prosecution under this section that the words, initials, or abbreviation so used by the defendant do not refer or profess to refer, or were not understood by any person to refer, to any particular or actual university, institution, society, or association.
4: For the purposes of this section, the use of the word doctor 1927 No 35 s 22(1)–(4) 1967 No 154 s 2(1) Section 20(4) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Official information Heading inserted 1 July 1983 Summary Offences Amendment Act (No 2) 1982
20A: Unauthorised disclosure of certain official information
1: Every person commits an offence and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000 who knowingly communicates to any other person any official information as defined in section 78A(2)
a: to endanger the safety of any person:
b: to prejudice the maintenance of confidential sources of information in relation to the prevention, investigation, or detection of offences; or
c: to prejudice the effectiveness of operational plans for the prevention, investigation, or detection of offences or the maintenance of public order, either generally or in a particular case; or
d: to prejudice the safeguarding of life or property in a disaster or emergency; or
e: to prejudice the safe custody of offenders or of persons charged with offences; or
f: to damage seriously the economy of New Zealand by disclosing prematurely decisions to change or continue Government economic or financial policies relating to—
i: exchange rates or the control of overseas exchange transactions:
ii: the regulation of banking or credit:
iii: taxation:
iv: the stability, control, and adjustment of prices of goods and services, rents, and other costs, and rates of wages, salaries, and other incomes:
v: the borrowing of money by the Government of New Zealand:
vi: the entering into of overseas trade agreements.
2: No charging document may be filed
a: an offence against this section; or
b: the offence of conspiring to commit an offence against this section; or
c: the offence of attempting to commit an offence against this section,— 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 filing of a charging document
3: The Attorney-General may, before deciding whether or not to give his consent under subsection (2), make such inquiries as he thinks fit. Section 20A inserted 1 July 1983 Summary Offences Amendment Act (No 2) 1982 Section 20A(1)﻿(a) substituted 1 April 1987 section 25(1) Official Information Amendment Act 1987 Section 20A(1)﻿(f) substituted 1 April 1987 section 25(1) Official Information Amendment Act 1987 Section 20A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 20A(2) proviso amended 1 July 2013 section 413 Criminal Procedure Act 2011 Intimidation, obstruction, and hindering Police
21: Intimidation
1: Every person commits an offence who, with intent to frighten or intimidate any other person, or knowing that his or her conduct is likely to cause that other person reasonably to be frightened or intimidated,—
a: threatens to injure that other person or any member of his or her family, or to damage any of that person's property; or
b: follows that other person; or
c: hides any property owned or used by that other person or deprives that person of, or hinders that person in the use of, that property; or
d: watches or loiters near the house or other place, or the approach to the house or other place, where that other person lives, or works, or carries on business, or happens to be; or
e: stops, confronts, or accosts that other person in any public place.
2: Every person commits an offence who forcibly hinders or prevents any person from working at or exercising any lawful trade, business, or occupation.
3: Every person who commits an offence against this section is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000. Section 21 substituted 1 January 1998 section 5 Summary Offences Amendment Act 1997
22: Obstructing public way
1: Every person is liable to a fine not exceeding $1,000
a: continues with that obstruction; or
b: does desist from that obstruction but subsequently obstructs that public way public way
2: In this section— obstructs public way 1927 No 35 s 3(eee) 1958 No 87 s 2(1) Section 22(1) amended 1 January 1998 section 7 Summary Offences Amendment Act 1997 Section 22(1)﻿(b) amended 23 November 1982 Summary Offences Amendment Act 1982
23: Resisting Police, prison, or traffic officer
Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000
a: any constable or any authorised officer
b: any other person acting in aid of any such constable, authorised officer
c: any Police dog working under the control of a Police dog handler. 1927 No 35 s 77 1965 No 7 s 7 1974 No 134 s 2(2) Section 23 amended 1 January 1998 section 7 Summary Offences Amendment Act 1997 Section 23(a) amended 1 October 2008 section 128(1) Policing Act 2008 Section 23(b) amended 1 October 2008 section 128(2) Policing Act 2008 Section 23(c) added 1 October 2008 section 128(3) Policing Act 2008
24: False allegation or report to Police
Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000
a: contrary to the fact and without a belief in the truth of the statement, makes or causes to be made to any Police employee
b: with the intention of causing wasteful deployment, or of diverting deployment, of Police personnel or resources, or being reckless as to that result,—
i: makes a statement to any person that gives rise to serious apprehension for his own safety or the safety of any person or property, knowing that the statement is false; or
ii: behaves in a manner that is likely to give rise to such apprehension, knowing that such apprehension would be groundless. 1935 No 29 s 4 1967 No 154 s 2(2) Section 24 amended 1 January 1998 section 7 Summary Offences Amendment Act 1997 Section 24(a) amended 1 October 2008 section 130(1) Policing Act 2008
25: Advertising reward for stolen property
Every person is liable to a fine not exceeding $200 who—
a: publicly advertises a reward for the return of any property that has been stolen or lost, and in the advertisement uses any words to the effect that no questions will be asked; or
b: promises or offers in any public advertisement to refund to any other person who may have bought any property stolen or lost, or advanced any money by way of loan on the security of any such property, the money paid by that other person, or any other sum of money or reward for the return of the property; or
c: prints or publishes any advertisement containing any such words, promise, or offer. 1952 No 43 s 13 1967 No 154 s 2(2) Heading amended 28 June 2003 section 50(1) Prostitution Reform Act 2003
26: Soliciting
Section 26 repealed 28 June 2003 section 48(1)﻿(b) Prostitution Reform Act 2003
27: Indecent exposure
1: Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000
2: It is a defence in a prosecution under this section if the defendant proves that he or she had reasonable grounds for believing that he or she would not be observed. 1927 No 35 s 47 1967 No 154 s 2(1) Section 27(1) amended 1 January 1998 section 7 Summary Offences Amendment Act 1997 Loitering and trespass
28: Being found in public place preparing to commit
offence
1: Every person commits an offence who is found in any public place behaving in a manner from which it can reasonably be inferred that he is preparing to commit an imprisonable offence
2: Every person who commits an offence against this section is liable—
a: to a fine not exceeding $2,000
b: for a second or subsequent offence within a period of 12 months, to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000
3: In determining for the purposes of a prosecution under this section whether it can reasonably be inferred from anything proved to have been done by the defendant at the material time that he was preparing to commit an imprisonable offence 1927 No 35 ss 52(i), (j), 81 1954 No 50 s 40(1) 1967 No 154 s 2(1) Section 28 heading amended 1 July 2013 section 4(1) Summary Offences Amendment Act 2013 Section 28(1) amended 1 July 2013 section 4(2) Summary Offences Amendment Act 2013 Section 28(2)﻿(a) amended 1 January 1998 section 7 Summary Offences Amendment Act 1997 Section 28(2)﻿(b) amended 1 January 1998 section 7 Summary Offences Amendment Act 1997 Section 28(3) amended 1 July 2013 section 4(3) Summary Offences Amendment Act 2013
29: Being found on property, etc, without reasonable excuse
1: Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000
a: in or on any building; or
b: in any enclosed yard or other such area; or
c: in or on board any aircraft, hovercraft, or ship or ferry or other vessel, train, or vehicle.
2: It is not necessary in a prosecution under this section for the prosecutor to prove that the defendant had an intention to commit any other offence, but it is a defence if the defendant satisfies the court that he had no such intention.
3: If any constable finds a person in any place referred to in subsection (1), without reasonable excuse but in circumstances that do not cause the constable to suspect an intention to commit any other offence, the constable may, instead of arresting him for an offence against subsection (1), warn that person to leave that place and, if the person refuses or fails to do so, he is liable to a fine not exceeding $500 1927 No 35 ss 52(1)﻿(i), 54 1954 No 50 s 40(1) 1967 No 154 s 2(1) Section 29(1) amended 1 January 1998 section 7 Summary Offences Amendment Act 1997 Section 29(3) amended 1 January 1998 section 7 Summary Offences Amendment Act 1997
30: Peeping or peering into dwellinghouse
1: Every person is liable to a fine not exceeding $500 who is found by night without reasonable excuse—
a: peeping or peering into a dwellinghouse; or
b: loitering on any land on which a dwellinghouse is situated.
2: In this section the term night 1927 No 35 ss 52A, 53 1960 No 7 s 7
31: Trespass on a ship
Every person is liable to a fine not exceeding $500 who (not being a member of the crew or a passenger or a person duly authorised by law to be on board), having been warned by the master or an officer of any ship or by any constable to leave the ship,—
a: refuses or fails to do so; or
b: leaves the ship, but returns or persists in attempting to return on board. 1950 No 95 s 2(1), (3) 1967 No 154 s 2(2) Offences resembling nuisance
32: Excreting in public place
1: Every person is liable to a fine not exceeding $200
2: It is a defence in a prosecution under this section if the defendant proves that he had reasonable grounds for believing that he would not be observed. 1927 No 35 s 3(o) 1967 No 154 s 2(1) Section 32(1) amended 1 January 1998 section 7 Summary Offences Amendment Act 1997
33: Billsticking
Every person is liable to a fine not exceeding $200
a: affixes any placard, banner, poster, or other material bearing any writing or pictorial representation to any structure, or to or from any tree; or
b: 1927 No 35 s 3(y) 1967 No 154 s 2(1) Section 33 heading amended 26 June 2008 section 4(2)﻿(a) Summary Offences (Tagging and Graffiti Vandalism) Amendment Act 2008 Section 33 amended 1 January 1998 section 7 Summary Offences Amendment Act 1997 Section 33(b) repealed 26 June 2008 section 4(2)﻿(b) Summary Offences (Tagging and Graffiti Vandalism) Amendment Act 2008
34: Throwing stones
Every person is liable to a fine not exceeding $200 1927 No 35 s 3(z) 1967 No 154 s 2(1) Section 34 amended 1 January 1998 section 7 Summary Offences Amendment Act 1997
35: Setting off or throwing fireworks
Every person is liable to a fine not exceeding $200
a: in any public place, sets off or throws any firework or explosive material in such a manner as to be likely to cause injury to, or to alarm, any person; or
b: in any place other than a public place, sets off or throws any firework or explosive material in such a manner as to be likely to cause injury to, or to alarm, any person in a public place. 1927 No 35 s 3(cc) 1967 No 154 s 2(1) Section 35 amended 1 January 1998 section 7 Summary Offences Amendment Act 1997
36: Lighting fires
Every person is liable to a fine not exceeding $200 1927 No 35 s 3(e) 1967 No 154 s 2(1) Section 36 amended 1 January 1998 section 7 Summary Offences Amendment Act 1997
37: Disturbing meetings
Every person is liable to a fine not exceeding $200 1927 No 35 ss 3(dd), 3C 1960 No 7 s 3(1) 1967 No 154 s 2(1) Section 37 amended 1 January 1998 section 7 Summary Offences Amendment Act 1997
38: Drinking in public place
1: Every person is liable to a fine not exceeding $300
a: drinks any intoxicating liquor; or
b: supplies or offers any intoxicating liquor to any other person for consumption there; or
c: has in his possession or under his control any intoxicating liquor for consumption there.
2: For the purposes of subsection (1), if any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carries any passengers while under charter it shall be deemed to be carrying those passengers for reward.
3: Without limiting subsection (1), every person under the age of 18 $300 (or in a vehicle in any public place) or her parent or legal guardian
a: drinks any intoxicating liquor; or
b: has in his possession or under his control any intoxicating liquor for consumption there.
4: This section does not apply in respect of any licensed premises under the Sale of Liquor Act 1989 1927 No 35 s 3E 1960 No 119 s 3(1) 1962 No 149 s 300 1967 No 154 s 2(1) 1968 No 40 s 2(3) Section 38(1) amended 12 March 1987 Summary Offences Amendment Act 1987 Section 38(3) amended 18 December 2013 section 5 Summary Offences (Alcohol Reform) Amendment Act 2012 Section 38(3) amended 1 December 1999 section 119 Sale of Liquor Amendment Act 1999 Section 38(3) amended 12 March 1987 Summary Offences Amendment Act 1987 Section 38(4) substituted 1 April 1990 section 230(1) Sale of Liquor Act 1989 Infringement offences Heading inserted 1 September 1999 section 126 Sale of Liquor Amendment Act 1999
38A: Infringement offences
In section 38B to 38E infringement fee infringement offence section 38(3) Section 38A inserted 1 September 1999 section 126 Sale of Liquor Amendment Act 1999
38B: Commission of infringement offence
1: Where any person is alleged to have committed an infringement offence, that person may either—
a: be proceeded against by filing a charging document under section 14
b: be served with an infringement notice under section 38C
2: No person arrested under section 39 section 38C Section 38B inserted 1 September 1999 section 126 Sale of Liquor Amendment Act 1999 Section 38B(1)﻿(a) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
38C: Infringement notices
1: Where a constable
2: Any constable constable
3: Every infringement notice must be in the prescribed form and must contain the following particulars:
a: such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
b: the amount of the infringement fee; and
c: the address of the place at which the infringement fee may be paid; and
d: the time within which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10)
f: a statement that the person served with the notice has a right to request a hearing; and
g: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
h: such other particulars as are prescribed.
4: Where an infringement notice has been issued under this section, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 Section 38C inserted 1 September 1999 section 126 Sale of Liquor Amendment Act 1999 Section 38C(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 38C(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 38C(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
38D: Payment of infringement fees
All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account Section 38D inserted 1 September 1999 section 126 Sale of Liquor Amendment Act 1999 Section 38D amended 25 January 2005 section 65R(3) Public Finance Act 1989
38E: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations prescribing the form of infringement notices, and any other particulars to be contained in infringement notices.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 38E inserted 1 September 1999 section 126 Sale of Liquor Amendment Act 1999 Section 38E(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Search, arrest, and jurisdiction
39: Arrest
1: Any constable, and all persons whom he calls to his assistance, may arrest and take into custody without a warrant any person whom he has good cause to suspect of having committed an offence against any of the provisions of this Act except sections 17 to 20 25 32 to 38
2: Any constable, and all persons whom he calls to his assistance, may arrest and take into custody without a warrant any person who, within his view, does any act that the constable reasonably believes constitutes an offence against any of sections 17 to 20 25 32 to 38 , or gives any such particulars that the constable reasonably believes to be false
3: Any person who, on or in any property of which he is the owner or occupier, finds any other person committing an offence against any of the provisions of sections 9 to 11 29 30 1961 No 43 s 315(2) Section 39(2) amended 12 March 1987 Summary Offences Amendment Act 1987
40: Jurisdiction
1: Every offence against this Act shall be punishable on the District Court
2: Notwithstanding subsection (1), the District Court or 1 or more Community Magistrates sections 4 7 17 to 20 22 25 26 30 to 38
3: 1927 No 35 s 79 1957 No 87 s 213 1960 No 7 s 8 Section 40(1) amended 1 March 2017 section 261 District Court Act 2016 Section 40(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 40(2) amended 1 March 2017 section 261 District Court Act 2016 Section 40(2) amended 30 June 1998 section 3 Summary Offences Amendment Act 1998 Section 40(3) repealed 1 July 2013 section 413 Criminal Procedure Act 2011
41: Charge In any charge section 18 1927 No 35 s 20(4) Section 41 heading amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 41 amended 1 July 2013 section 413 Criminal Procedure Act 2011
42: Charge alleging false claim of qualifications
No charging document for an offence against section 20 Section 42 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
43: No jury trial for offence of assault
Section 43 repealed 1 July 2013 section 413 Criminal Procedure Act 2011
44: Defendant may be convicted of lesser charge of disorderly behaviour
Where the commission of an offence against section 3 section 4 charge Section 44 amended 1 July 2013 section 413 Criminal Procedure Act 2011
44A: Seizure and forfeiture of burglary instruments
If a person is found guilty of an offence against section 14
a: may order the instrument or instruments concerned to be forfeited to the Crown, or disposed of as the court directs at the expense of the person convicted; and
b: may also order the person to pay any reasonable costs incurred by the Commissioner of Police in holding the instrument or instruments. Section 44A inserted 18 December 2013 section 6 Summary Offences (Alcohol Reform) Amendment Act 2012
45: Seizure and forfeiture of alcohol
1: A constable who believes on reasonable grounds that any intoxicating liquor is intended for consumption in contravention of section 38
2: On a person's being found guilty of an offence against section 38
3: Intoxicating liquor and the vessels containing it are forfeit to the Crown if—
a: it is seized by the Police from a person under the age of 18 years who is issued with an infringement notice in respect of an offence against section 38(3)
b: the infringement fee is later paid.
4: If a person is acquitted of an offence against section 38
a: may be collected from the relevant Police station within 28 days of the acquittal by or on behalf of the person or, if the person is under the age of 18 years, by his or her parent or guardian; and
b: if not collected within that time, may be disposed of in any manner the Commissioner of Police directs. Section 45 replaced 18 December 2013 section 6 Summary Offences (Alcohol Reform) Amendment Act 2012
45A: Attachment order default
An employer who defaults in complying with an attachment order made in the High Court under rules of court against an employee of that employer is liable to a fine not exceeding $1,000. Section 45A inserted 1 February 2009 section 11(2) Judicature (High Court Rules) Amendment Act 2008 Amendments and repeals
46: Military Decorations and Distinctive Badges Act 1918 amended
Amendment(s) incorporated in the Act(s)
47: Machinery Act 1950 amended
Section 47 repealed 6 June 1986 Machinery Amendment Act 1986
48: New sections inserted in Crimes Act 1961
Amendment(s) incorporated in the Act(s)
49: Alcoholism and Drug Addiction Act 1966 amended
1: Amendment(s) incorporated in the Act(s)
2: 1927 No 35 ss 41, 42, 44 1935 No 29 s 3 1939 No 39 s 58(c) 1954 No 49 s 7(3) 1967 No 154 s 2(1) 1971 No 53 s 208(1) Section 49(2) repealed 21 February 2018 section 122(1) Substance Addiction (Compulsory Assessment and Treatment) Act 2017
50: Children and Young Persons Act 1974 amended
Section 50 repealed 1 November 1989 section 456(1) Children, Young Persons, and Their Families Act 1989
51: Amendments and repeals
1: The enactments specified in Schedule 1
2: The enactments specified in Schedule 2
3: Where in any enactment the term public place Police Offences Act 1927 section 2