Crimes Amendment Act 2003

1: Title
1: This Act is the Crimes Amendment Act 2003.
2: In this Act, the Crimes Act 1961 the principal Act
2: Commencement
This Act comes into force on 1 October 2003.
1: Amendments to principal Act
Provisions affected by changes to crimes against rights of property
3: Short Title, commencement, etc
Section 1(3) Part 10-Crimes Against Rights of Property. ( Sections 217 to 305 Part 10-Crimes against rights of property ( sections 217 to 272
4: Interpretation
1: Section 2(1) colour of right claim of right
2: Section 2(1) crime involving dishonesty crime involving dishonesty Part 10 sections 267 to 272
3: Section 2(1) property or personal property, money, electricity,
4: Section 2(1) valuable security
5: Compulsion
Section 24(2) paragraphs (k) to (1)
k: section 234
l: section 235
m: section 267
6: Forcible entry and detainer
Section 91 subsections (2) (3) colour of right claim of right Murder
7: Further definition of murder
1: Section 168(2) paragraph (f)
f: section 128
2: Section 168(2) paragraphs (j) to (l)
j: section 231
k: section 234
l: section 267 Endangering transport
8: Endangering transport
Section 203 Crimes against personal privacy
9: Interpretation
Section 216A subsection (1)
1: In this Part, unless the context otherwise requires,— intercept
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.
10: Prohibition on use of listening devices
1: The heading to section 216B listening devices interception devices
2: Section 216B(1) (4) (5)
3: Section 216B(1) (3) a listening device an interception device
4: Section 216B(2)(b)(ii)
5: Section 216B(3)(b) the listening device the interception device
6: Section 216B
5: Subsection (1)
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)
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.
11: Prohibition on disclosure of private communication unlawfully intercepted
Section 216C(2)(b)(ii) a listening device an interception device
12: Prohibition on dealing, etc, with listening devices
Section 216D
a: by omitting from the heading the words listening devices interception devices
b: by omitting from subsection (1)(d) any listening device any interception device
c: by omitting from subsection (2)(b) a listening device an interception device
d: by omitting from subsection (2)(b) the listening device the interception device
13: Forfeiture
Section 216E listening device interception devices
14: New
section 216F The principal Act is amended by inserting, after section 216E
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 member of the police 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)
3: Every person who makes an unlawful disclosure is liable to imprisonment for a term not exceeding 2 years. Crimes against rights of property
15: Repeal of
Part 10 The principal Act is amended by repealing Part 10
10: Crimes against rights of property
Interpretation
217: Interpretation
In this Part, unless the context otherwise requires,— dishonestly document
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 1961 No 43 ss 217, 218, 263 Unlawful taking
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. 1961 No 43 ss 219, 225
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. 1961 No 43 s 220(1), (2), (5)
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)
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) 1961 No 43 ss 222, 223, 224
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. 1961 No 43 s 221
222: Theft by spouse
A person may be convicted of theft of another person's property even though those persons were married to each other at the time of the theft. 1961 No 43 s 226
223: Punishment of theft
Every one who commits theft is liable as follows:
a: in the case of any offence against section 220
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. 1961 No 43 s 227
224: Power of search for goods stolen or unlawfully obtained in transit
1: This section applies if—
a: any member of the police 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) subsection (1)(a)
3: If it is necessary for any member of the police to stop a vehicle for the purpose of exercising the power conferred by subsection (2) sections 314A to 314D subsection (2)
4: Subsection (3) sections 314A to 314D subsection (2)
5: Any member of the police conducting a search under subsection (2)
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. 1961 No 43 s 227A
225: Power to search vehicles for goods stolen or obtained by crimes involving dishonesty
1: Any member of the police 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 member of the police conducting a search under subsection (1)
3: During a search under subsection (1)
a: stolen or obtained by a crime involving dishonesty; and
b: found in or on the vehicle.
4: Every member of the police 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 member is not in uniform and if so required, produce evidence that the member is a member of the police; and
c: tell any person in or on the vehicle that the search is being conducted under this section. 1961 No 43 s 227B
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) 1961 No 43 s 228
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. 1961 No 43 s 229
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. 1961 No 43 s 229A
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. 1961 No 43 s 230
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
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. Burglary
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
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. 1961 No 43 ss 240, 241, 242
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. 1961 No 43, ss 240A, 243
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. 1961 No 43 s 244 1999 No 93 s 97(d) Robbery and blackmail
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. 1961 No 43 s 234
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. 1961 No 43 s 235
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. 1961 No 43 ss 235(1), 237
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)
3: In this section and in section 239 benefit 1961 No 43 s 238
238: Punishment of blackmail
Every one who commits blackmail is liable to imprisonment for a term not exceeding 14 years. 1961 No 43 s 238(1)
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. 1961 No 43 ss 236 Crimes involving deceit
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
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. 1961 No 43 ss 246, 247, 270
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. 1961 No 43 s 246(2)
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
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
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. 1961 No 43 s 250 Money laundering
243: Money laundering
1: For the purposes of this section and sections 244 and 245 conceal
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
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
a: a legal or equitable estate or interest in the property; or
b: a right, power, or privilege in connection with the property proceeds property serious offence
2: Subject to sections 244 and 245
3: Subject to sections 244 and 245
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 1961 No 43 ss 233, 257A(1)-(5)
244: Defence of enforcement of enactment
It is a defence to a charge under section 243
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
b: the enforcement or intended enforcement of the Proceeds of Crime Act 1991
c: the enforcement or intended enforcement of the Financial Transactions Reporting Act 1996 1961 No 43 s 257A(6)
245: Section 243
1: Subject to subsection (2), section 243
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. 1961 No 43 s 257A(6A), (6B) Receiving
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)
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. 1961 No 43 ss 258(1), 260, 261
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. 1961 No 43 s 258(1) Crimes involving computers
248: Interpretation
For the purposes of this section and sections 249 and 250 access 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)
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 section 240(2)
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.
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. 1961 No 43 ss 216D(1), 229, 244
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)
3: To avoid doubt, subsection (1)
a: under the execution of an interception warrantor search warrant; or
b: under the authority of any Act or rule of the common law.
253: Qualified exemption to access without authorisation offence for New Zealand Security Intelligence Service
Section 252
a: the person accessing a computer system is—
i: the person specified in an interception warrant issued under the New Zealand Security Intelligence Service Act 1969
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.
254: Qualified exemption to access without authorisation offence for Government Communications Security Bureau
Section 252
a: is authorised to access that computer system under the Government Communications Security Bureau Act 2003
b: accesses that computer system in accordance with that authorisation. Forgery and counterfeiting
255: Interpretation
For the purposes of this section and sections 256 and 263 bank note 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. 1961 No 43 s 263
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) 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. 1961 No 43 ss 264. 265
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. 1961 No 43 s 266
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)
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. 1961 No 43 ss 231, 256, 266A
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
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. 1961 No 43 s 266B
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 on-fitted, 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. 1961 No 43 ss 251-254
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. 1961 No 43 s 267
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
ii: the impression of any such seal or stamp; or
b: uses any such seal, stamp, or impression, knowing it to be counterfeit. 1961 No 43 s 268
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. 1961 No 43 s 271
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. 1961 No 43 s 274
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) subsection (1)(b) 1961 No 43 ss 280, 281 Coinage
266: Offences involving coinage
1: For the purposes of this section,— counterfeit coin current coin
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. 1961 No 43 ss 282-286, 289-292 Arson, damage, and waste
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)
b: intentionally or recklessly damages by fire or by means of any explosive any property (other than property referred to in subsection (1)
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 1961 No 43 ss 294. 296
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. 1961 No 43 s 295
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. 1961 No 43 s 298
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 1961 No 43 ss 203, 300-303
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. 1961 No 43 s 299
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. 1961 No 43 s 305 Other amendments to principal Act
16: Threatening to destroy property
Section 307(2) colour of right claim of right
17: Heading to
Part 11A The heading to Part 11A listening devices interception devices
18: Interpretation
1: Section 312A(1) intercept private communication intercept
a: while it is taking place; or
b: while it is in transit 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: Section 312A(1) listening device
3: Section 312A(1) facility
a: take place between individuals; or
b: be sent to or from an identified individual 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
4: Section 312A(1) paragraphs (d) to (f) specified offence
d: an offence punishable under section 223(b)
e: an offence against section 243
f: an offence punishable under section 247
19: Application by police for warrant to intercept private communications
1: Section 312B(1) a listening device an interception device
2: Section 312B(2) paragraph (c)
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.
20: Matters on which Judge must be satisfied in respect of applications
Section 312C(1)(b) a listening device an interception device
21: Application by police for warrant to intercept private communications in relation to serious violent offences
1: Section 312CA a listening device an interception device
2: Section 312CA(2)(c) subparagraph (ii)
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.
22: Matters on which Judge must be satisfied in respect of applications relating to serious violent offences
Section 312CB a listening device an interception device
23: Contents and term of warrant
1: Section 312D a listening device an interception device
2: Section 312D(1) paragraph (b)
b: state,—
i: in the case of a warrant granted under section 312C
ii: in the case of a warrant granted under section 312CB
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.
24: Effect of warrant
Section 312E a listening device an interception device
25: Emergency permits
Section 312G a particular place or a particular thing or a particular type of facility
26: Destruction of irrelevant records made by use of listening device
The heading to section 312I listening device interception device
27: Destruction of relevant records made by use of listening device
The heading to section 312J listening device interception device
28: Notice to be given of intention to produce evidence of private communication
Section 312L(b) place (if known)
29: Inadmissibility of evidence of private communications unlawfully intercepted
Section 312M a listening device an interception device
30: Report to be made to Judge on use of warrant or permit
Section 312P listening device interception device
31: Commissioner of Police to give information to Parliament
1: Section 312Q(f) a listening device an interception device
2: Section 312Q
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
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.
32: Money laundering
Section 344AA subsections (1) (3) section 257A section 243
2: Other matters
Consequential repeals and amendments
33: Consequential repeals
The following enactments are consequentially repealed:
a: Crimes Amendment Act 1985
b: sections 2 to 4 Crimes Amendment Act 1986
c: section 6 of the Crimes Amendment Act (No 2) 1986
d: sections 4 and 5 of the Crimes Amendment Act 1995
e: so much of Schedule 1 Crimes Amendment Act (No 2) 1995 section 258
f: sections 5 6 Crimes Amendment Act (No 2) 1997
34: Consequential amendments
The enactments specified in Schedule 1 Interception devices
35: Amendments to enactments relating to interception devices
The enactments specified in Schedule 2