Crimes (Intimate Covert Filming) Amendment Act 2006

1: Title
This Act is the Crimes (Intimate Covert Filming) Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Crimes Act 1961
1: Amendments to principal Act
4: New heading and sections 216G to 216N inserted
The following heading and sections are inserted after section 216F Intimate visual recordings
216G: Intimate visual recording defined
1: In sections 216H to 216N intimate visual recording
a: a person who is in a place which, in the circumstances, would reasonably be expected to provide privacy, and that person is—
i: naked or has his or her genitals, pubic area, buttocks, or female breasts exposed, partially exposed, or clad solely in undergarments; or
ii: engaged in an intimate sexual activity; or
iii: engaged in showering, toileting, or other personal bodily activity that involves dressing or undressing; or
b: a person's naked or undergarment-clad genitals, pubic area, buttocks, or female breasts which is made—
i: from beneath or under a person's clothing; or
ii: through a person's outer clothing in circumstances where it is unreasonable to do so.
2: In section 216H
a: a physical form; or
b: an electronic form from which the recording is capable of being reproduced with or without the aid of any device or thing.
216H: Prohibition on making intimate visual recording
Everyone is liable to imprisonment for a term not exceeding 3 years who intentionally or recklessly makes an intimate visual recording of another person.
216I: Prohibition on possessing intimate visual recording in certain circumstances
1: Everyone is liable to imprisonment for a term not exceeding 3 years who has in his or her possession an intimate visual recording—
a: for the purpose of publishing, exporting or selling the intimate visual recording; and
b: knowing it to be an intimate visual recording, or being reckless as to whether it is an intimate visual recording.
2: Everyone is liable to imprisonment for a term not exceeding 1 year who, without reasonable excuse, has in his or her possession an intimate visual recording knowing it to be an intimate visual recording.
216J: Prohibition on publishing, importing, exporting, or selling intimate visual recording
1: Everyone is liable to imprisonment for a term not exceeding 3 years who, knowing that a visual recording is an intimate visual recording, or being reckless as to whether a visual recording is an intimate visual recording,—
a: publishes in New Zealand the intimate visual recording:
b: imports into New Zealand the intimate visual recording:
c: exports from New Zealand the intimate visual recording:
d: sells the intimate visual recording.
2: In this section, unless the context otherwise requires,— publishes
a: displays by any means:
b: sends to any person by any means:
c: distributes by any means:
d: conveys by electronic medium:
e: stores electronically in a way that is accessible by any other person or persons sells
a: offers for sale:
b: agrees to sell.
216K: Exceptions to prohibition in
section 216J
1: Nothing in section 216J(1)(a), (b), or (c)
2: Nothing in section 216J(1)(a) section 216N(1)
3: Nothing in section 216J
a: delivery of the recording in physical form (for example, by a postal operator or courier); or
b: transmission (other than by broadcasting) of the recording (for example, by a network operator or service provider providing only a network or facility through which a recording is transmitted); or
c: storage of the recording electronically in a way that is accessible by any other person or persons.
4: In subsection (3) courier network operator section 3(1) of the Telecommunications (Interception Capability) Act 2004 postal operator section 2(1) of the Postal Services Act 1998 public data network section 5 of the Telecommunications Act 2001 service provider
a: means a person providing Internet access, email access, or both of those facilities, by means of a public data network; but
b: does not include a network operator.
216L: Disposal and forfeiture
1: Where any person is convicted of an offence against section 216H section 216I section 216J
2: Where any person is convicted of an offence against section 216H section 216I section 216J
3: Before making an order under subsection (1) or subsection (2)
a: the person convicted; and
b: any other person who, in the opinion of the Court, would be directly affected by the making of the order.
4: If the Court is satisfied that the intimate visual recording that was the subject of the prosecution, or any equipment, goods, or other thing used in respect of the commission of the offence, should be delivered to a person other than the person convicted, it may so order.
216M: Effect of appeal on order made under
section 216L
1: If any person is convicted of an offence against section 216H section 216I section 216J section 216L
a: in any case, until the expiration of the time prescribed in the Summary Proceedings Act 1957
b: if a notice of appeal is filed within the time so prescribed, until the determination of the appeal; and
c: if the application for leave to appeal is filed within the time so prescribed, until the application is determined, and, if leave to appeal is granted, until the determination of the appeal.
2: If the operation of any order is suspended until the determination of the appeal, the Court determining the appeal may, by order, cancel or vary the order.
216N: Protection from liability
1: This section applies to the following persons:
a: any member of the police; and
b: any Customs officer; and
c: any officer or employee of the New Zealand Security Intelligence Service; and
d: any employee of the Department of Corrections and any other employee exercising powers or functions under the Corrections Act 2004
e: any lawyer or agent—
i: giving legal advice in relation to an intimate visual recording; or
ii: giving legal advice, or making representations, in relation to any civil or criminal proceedings; and
f: any other person or member of a class of persons prescribed in regulations made under this Act; and
g: the person who is the subject of an intimate visual recording.
2: No person referred to in subsection (1)(g) section 216I section 216J
3: No other person to whom this section applies commits an offence against section 216H section 216I section 216J(1)(a) or (b) or (c) subsection (5)
4: Subsection (3)
5: The functions referred to in subsection (3)
a: the prevention, detection, investigation, prosecution, or punishment of offences:
b: the conduct of proceedings in any court or tribunal:
c: security or safety.
6: Subsections (1) to (3)
7: Where a person to whom subsection (1)(a) to (f) subsection (5)
a: made available to the person who is the subject of the recording, if that person requests; or
b: immediately destroyed if the person who is the subject of the recording makes no request under paragraph (a)
2: Amendments to other Acts
5: Amendment to
Summary Proceedings Act 1957 Part 1 Summary Proceedings Act 1957 section 216H Prohibition on making intimate visual recording section 216I Prohibition on possessing intimate visual recording in certain circumstances section 216J Prohibition on publishing, importing, exporting, or selling intimate visual recording