Crimes Act 1961

1: Short Title, commencement, etc
1: This Act may be cited as the Crimes Act 1961.
2: This Act shall come into force on 1 January 1962.
3: This Act is divided into Parts, as follows: Part 1 sections 5 to 12 Part 2 sections 13 to 19 Part 3 sections 20 to 65 Part 4 sections 66 to 72 Part 5 sections 73 to 98F Part 6 sections 99 to 122 Part 7 Crimes against morality and decency, sexual crimes, and crimes against public welfare ( sections 124 to 150 Part 8 sections 150A 210A Part 9 sections 211 to 216 Part 9A sections 216A to 216N Part 10 sections 217 to 305 Part 11 sections 306 to 312 Part 12 sections 313 to 378F Part 13 sections 379 to 399 Part 14 sections 400 to 415 Section 1(3) amended 12 March 2019 section 13 Crimes Amendment Act 2019 Section 1(3) amended 18 April 2012 section 325(2) Search and Surveillance Act 2012 Section 1(3) amended 25 February 2012 section 4 Crimes Amendment Act 2012 Section 1(3) amended 6 August 1979 Crimes Amendment Act 1979
2: Interpretation
1: In this Act, unless the context otherwise requires,— aerodrome the Civil Aviation Act 1990 aircraft the Civil Aviation Act 1990 assault or she or her to assault claim of right at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed Commonwealth country Commonwealth ship constable section 4 crime involving dishonesty
a: sections 100 to 105F
b: Part 10 sections 267 to 272 298A 298B
c: the Secret Commissions Act 1910 criminally responsible day daytime firearm Arms Act 1983 for a material benefit
a: after having obtained a material benefit for doing the thing; or
b: intending to obtain a material benefit for doing the thing foreign ship genitalia to injure Judge District Court Judge section 14 justified is liable medical practitioner section 114(1)﻿(a) New Zealand section 3 , Contiguous Zone, Exclusive Economic Zone Act 1977) New Zealand aircraft the Civil Aviation Act 1990 New Zealand forces New Zealand ship night night-time obtain a material benefit penis person owner prison manager property money, electricity, prosecutor
a: a Crown Solicitor:
b: in relation to a Crown prosecution, the Attorney-General:
c: in relation to a private prosecution, the private prosecutor protected from criminal responsibility Registrar
a: for the purposes of Part 12
b: for any other purpose, means any Registrar of the High Court or of the District Court serious violent offence
a: that is punishable by a period of imprisonment for a term of 7 years or more; and
b: where the conduct constituting the offence involves—
i: loss of a person's life or serious risk of loss of a person's life; or
ii: serious injury to a person or serious risk of serious injury to a person; or
iii: serious damage to property in circumstances endangering the physical safety of any person; or
iv: perverting the course of justice, where the purpose of the conduct is to prevent, seriously hinder, or seriously obstruct the detection, investigation, or prosecution of any offence—
A: that is punishable by a period of imprisonment for a term of 7 years or more; and
B: that involved, involves, or would involve conduct of the kind referred to in any of subparagraphs (i) to (iii) sexual connection
a: connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of—
i: a part of the body of another person; or
ii: an object held or manipulated by another person; or
b: connection between the mouth or tongue of one person and a part of another person's genitalia or anus; or
c: the continuation of connection of a kind described in paragraph (a) or paragraph (b) ship Supreme Court section 66 territorial waters other than New Zealand unlawful act any legislation vulnerable adult sections 151 195 195A
1A: For the purposes of paragraph (a) of the definition in subsection (1) of sexual connection, introduction to the slightest degree is enough to effect a connection.
1B: For the purposes of this Act, one person does an indecent act on another person whether he or she—
a: does an indecent act with or on the other person; or
b: induces or permits the other person to do an indecent act with or on him or her.
2: 1908 No 32 ss 2, 4A(1), 207, 237 1948 No 77 s 8 1950 No 83 s 2 1953 No 120 s 2(1) 1954 No 29 s 2 Section 2(1) aerodrome amended 1 September 1990 section 101(1) Civil Aviation Act 1990 Section 2(1) aircraft amended 1 September 1990 section 101(1) Civil Aviation Act 1990 Section 2(1) claim of right inserted 1 October 2003 section 4(1) Crimes Amendment Act 2003 Section 2(1) claim of right amended 19 March 2012 section 4(2) Crimes Amendment Act (No 3) 2011 Section 2(1) colour of right repealed 1 October 2003 section 4(1) Crimes Amendment Act 2003 Section 2(1) constable replaced 1 October 2008 section 130(1) Policing Act 2008 Section 2(1) crime repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 2(1) crime involving dishonesty replaced 7 November 2015 section 4 Crimes Amendment Act 2015 Section 2(1) depositions repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 2(1) firearm inserted 28 October 1986 Crimes Amendment Act (No 2) 1986 Section 2(1) for a material benefit inserted 20 May 2005 section 3(1) Crimes Amendment Act 2005 Section 2(1) genitalia inserted 20 May 2005 section 3(1) Crimes Amendment Act 2005 Section 2(1) Judge replaced 1 March 2017 section 261 District Court Act 2016 Section 2(1) is liable amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 2(1) medical practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) New Zealand replaced 1 January 1966 Territorial Sea and Fishing Zone Act 1965 Section 2(1) New Zealand amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 2(1) New Zealand amended 1 October 1977 section 33(1) Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 Section 2(1) New Zealand aircraft amended 1 September 1990 section 101(1) Civil Aviation Act 1990 Section 2(1) obtain a material benefit inserted 18 June 2002 section 3 Crimes Amendment Act 2002 Section 2(1) offence repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 2(1) penis inserted 20 May 2005 section 3(1) Crimes Amendment Act 2005 Section 2(1) prison manager inserted 1 June 2005 section 206 Corrections Act 2004 Section 2(1) property amended 1 October 2003 section 4(3) Crimes Amendment Act 2003 Section 2(1) prosecutor inserted 1 March 1996 section 2(1) Crimes Amendment Act (No 2) 1995 Section 2(1) Registrar replaced 1 March 1996 section 2(2) Crimes Amendment Act (No 2) 1995 Section 2(1) Registrar amended 1 March 2017 section 261 District Court Act 2016 Section 2(1) serious violent offence inserted 18 April 2012 section 325(3) Search and Surveillance Act 2012 Section 2(1) sexual connection inserted 20 May 2005 section 3(1) Crimes Amendment Act 2005 Section 2(1) Superintendent repealed 1 June 2005 section 206 Corrections Act 2004 Section 2(1) Supreme Court inserted 1 January 2004 section 48(1) Supreme Court Act 2003 Section 2(1) Supreme Court amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 2(1) territorial waters amended 1 January 1966 Territorial Sea and Fishing Zone Act 1965 Section 2(1) trial Judge repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 2(1) unlawful act inserted 19 March 2012 section 4(1) Crimes Amendment Act (No 3) 2011 Section 2(1) unlawful act amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) valuable security repealed 1 October 2003 section 4(4) Crimes Amendment Act 2003 Section 2(1) vulnerable adult inserted 19 March 2012 section 4(1) Crimes Amendment Act (No 3) 2011 Section 2(1A) inserted 20 May 2005 section 3(2) Crimes Amendment Act 2005 Section 2(1B) inserted 20 May 2005 section 3(2) Crimes Amendment Act 2005 Section 2(2) repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
3: Meaning of convicted on indictment
Section 3 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
4: Meaning of ordinarily resident in New Zealand
For the purposes of this Act, a person shall be deemed to be ordinarily resident in New Zealand if—
a: his or her home is in New Zealand; or
b: he or she is residing in New Zealand with the intention of residing therein indefinitely; or
c: having resided in New Zealand with the intention of establishing his or her home therein, or with the intention of residing in New Zealand indefinitely, he or she is outside New Zealand but has an intention to return to establish his or her home therein or to reside in New Zealand indefinitely.
4A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 4A inserted 12 March 2019 section 9 Crimes Amendment Act 2019
1: Jurisdiction
5: Application of Act
1: This Act applies to all offences for which the offender may be proceeded against and tried in New Zealand.
2: This Act applies to all acts done or omitted in New Zealand. 1908 No 32 s 3
6: Persons not to be tried in respect of things done outside New Zealand
Subject to the provisions of section 7
7: Place of commission of offence
For the purpose of jurisdiction, where any act or omission forming part of any offence, or any event necessary to the completion of any offence, occurs in New Zealand, the offence shall be deemed to be committed in New Zealand, whether the person charged with the offence was in New Zealand or not at the time of the act, omission, or event. 1908 No 32 s 4
7A: Extraterritorial jurisdiction in respect of certain offences with transnational aspects
1: Even if the acts or omissions alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for any offence against this Act committed in the course of carrying out a terrorist act (within the meanings of those terms or expressions in sections 5 5A section 98AA section 98A section 98C section 98D sections 100 to 104 section 105(2) section 116 section 117 section 207A section 243 section 298A section 298B
a: if the person to be charged—
i: is a New Zealand citizen; or
ii: is ordinarily resident in New Zealand; or
iii: has been found in New Zealand and has not been extradited; or
iv: is a body corporate, or a corporation sole, incorporated under the law of New Zealand; or
b: if any of the acts or omissions is alleged to have occurred—
i: on board a ship registered or required to be registered under the Ship Registration Act 1992
ii: on board a ship used as a ship of the New Zealand Defence Force; or
iii: on board a New Zealand aircraft; or
iv: on board an aircraft that is leased to a lessee whose principal place of business is in New Zealand, or who is a New Zealand citizen or a person ordinarily resident in New Zealand; or
c: if a person in respect of whom the offence is alleged to have been committed—
i: is a New Zealand citizen; or
ii: is ordinarily resident in New Zealand; or
d: in the case of an offence against section 98A with or
2: Even if the acts or omissions alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for an offence against section 98C section 98D
a: in the case of an offence against section 98C(1) section 98D
b: in the case of an offence against section 98C(2)
2A: Even if some or all of the acts alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for an offence against section 131B
a: if the person to be charged—
i: is a New Zealand citizen; or
ii: is ordinarily resident in New Zealand; or
iii: has been found in New Zealand and has not been extradited; or
b: if any of the acts is alleged to have occurred—
i: on board a ship registered or required to be registered under the Ship Registration Act 1992
ii: on board a ship used as a ship of the New Zealand Defence Force; or
iii: on board a New Zealand aircraft; or
iv: on board an aircraft that is leased to a lessee whose principal place of business is in New Zealand, or who is a New Zealand citizen or a person ordinarily resident in New Zealand; or
c: if a person in respect of whom the offence is alleged to have been committed—
i: is a New Zealand citizen; or
ii: is ordinarily resident in New Zealand.
3: Neither section 8 section 400
4: Nothing in subsections (1) to (3) limits or affects—
a: the application of section 7
i: an act or omission forming part of an offence; or
ii: an event necessary to the completion of an offence; or
b: the application of section 8A Section 7A inserted 18 June 2002 section 4 Crimes Amendment Act 2002 Section 7A(1) amended 5 October 2021 section 57 Counter-Terrorism Legislation Act 2021 Section 7A(1) amended 3 December 2018 section 22 Family Violence (Amendments) Act 2018 Section 7A(1) amended 20 May 2005 section 4(1)﻿(a) Crimes Amendment Act 2005 Section 7A(1) amended 20 May 2005 section 4(1)﻿(b) Crimes Amendment Act 2005 Section 7A(1) amended 17 November 2003 section 3(a) Crimes Amendment Act (No 2) 2003 Section 7A(1) amended 17 November 2003 section 3(b) Crimes Amendment Act (No 2) 2003 Section 7A(1)﻿(d) amended 1 December 2009 section 4 Crimes Amendment Act 2009 Section 7A(2A) inserted 20 May 2005 section 4(2) Crimes Amendment Act 2005
7B: Attorney-General's consent required where jurisdiction claimed under section 7A
1: Proceedings for an offence against section 98AA section 98A section 116 section 117 section 207A section 243 section 298A section 298B section 7A
2: A person over whom jurisdiction is claimed by virtue of section 7A section 98AA section 98A section 116 section 117 section 243
3: Proceedings for an offence against this Act committed in the course of carrying out a terrorist act (within the meanings of those terms or expressions in sections 5 5A section 7A Section 7B inserted 18 June 2002 section 4 Crimes Amendment Act 2002 Section 7B(1) amended 3 December 2018 section 23 Family Violence (Amendments) Act 2018 Section 7B(1) amended 20 May 2005 section 5(a) Crimes Amendment Act 2005 Section 7B(1) amended 20 May 2005 section 5(b) Crimes Amendment Act 2005 Section 7B(1) amended 17 November 2003 section 4(1) Crimes Amendment Act (No 2) 2003 Section 7B(2) amended 20 May 2005 section 5(a) Crimes Amendment Act 2005 Section 7B(2) amended 20 May 2005 section 5(b) Crimes Amendment Act 2005 Section 7B(3) inserted 17 November 2003 section 4(2) Crimes Amendment Act (No 2) 2003 Section 7B(3) amended 5 October 2021 section 57 Counter-Terrorism Legislation Act 2021
8: Jurisdiction in respect of crimes on ships or aircraft beyond New Zealand
1: This section applies to any act done or omitted beyond New Zealand by any person—
a: on board any Commonwealth ship; or
b: on board any New Zealand aircraft; or
c: on board any ship or aircraft, if that person arrives in New Zealand on that ship or aircraft in the course or at the end of a journey during which the act was done or omitted; or
d: being a British subject, on board any foreign ship (not being a ship to which he or she belongs) on the high seas, or on board any such ship within the territorial waters of any Commonwealth country; or
e: being a New Zealand citizen or a person ordinarily resident in New Zealand, on board any aircraft: provided that paragraph (c) shall not apply where the act was done or omitted by a person, not being a British subject, on any ship or aircraft for the time being used as a ship or aircraft of any of the armed forces of a country that is not a Commonwealth country.
2: If a person does or omits to do any act to which this section applies, and that act or omission would, if it occurred within New Zealand, be an offence, under this Act or any other enactment (whether that enactment was passed before or after the commencement of this Act), punishable by imprisonment for life or by 2 or more years' imprisonment, then, subject to the provisions of this Act and that other enactment, the person is liable on conviction as if the act or omission had occurred in New Zealand.
2A: If any proceedings are taken by virtue of the jurisdiction conferred by this section, it is a defence to prove that the act or omission would not have been an offence under the law of the country of which the person charged was a national or citizen at the time of the act or omission, if it had occurred in that country.
3: Where at any place beyond New Zealand any person who belongs, or within 3 months previously has belonged, to any Commonwealth ship does or omits any act, whether on shore or afloat, not being an act or omission to which subsection (1) applies, and that act or omission would, if it occurred within New Zealand, be an offence punishable by imprisonment for life or by 2 or more years' imprisonment
4: The provisions of this section shall have the same operation in relation to the Republic of Ireland and to the citizens thereof, and to ships registered therein or belonging thereto, and to persons who belong or have belonged to those ships, and to all other persons on board those ships, as if the Republic of Ireland were a Commonwealth country and as if the citizens thereof were British subjects.
5: This section shall be read subject to the provisions of section 400
6: In this section, the expression British subject British Nationality and Citizenship Act 1948
7: Nothing in this section shall apply with respect to any offence Maritime Transport Act 1994 or Part 5A 1908 No 32 s 4A(2) 1948 No 77 s 8 1953 No 120 ss 2, 3, 4, 6 Section 8(2) replaced 1 July 2013 section 4(1) Crimes Amendment Act 2013 Section 8(2A) inserted 1 July 2013 section 4(1) Crimes Amendment Act 2013 Section 8(3) amended 1 July 2013 section 4(2) Crimes Amendment Act 2013 Section 8(7) amended 1 July 2013 section 4(3) Crimes Amendment Act 2013 Section 8(7) amended 1 June 2004 section 41(3) Civil Aviation Amendment Act 2004 Section 8(7) amended 1 February 1995 section 202(1) Maritime Transport Act 1994
8A: Jurisdiction in respect of certain persons with diplomatic or consular immunity
1: This section applies to every person who is—
a: a head of mission or head of post within the meaning of the Foreign Affairs Act 1988
b: a person who is on overseas service pursuant to section 6 Foreign Affairs Act 1988
c: a New Zealand citizen ordinarily resident in New Zealand and who is—
i: a member of the family of a person described in paragraph (a) or paragraph (b); or
ii: a member of the staff of a New Zealand overseas post or a New Zealand overseas mission, whether or not an officer or employee of the Ministry of Foreign Affairs and Trade section 10 Foreign Affairs Act 1988
iii: an officer or employee of the State services (as defined in section 5 New Zealand Trade and Enterprise (as established by the New Zealand Trade and Enterprise Act 2003
2: Where—
a: any person to whom this section applies does, or omits to do, any act outside New Zealand (whether or not the act or omission concerned constitutes an offence under the laws in force in the place where it took place) that, if done or omitted within New Zealand would constitute an offence punishable by imprisonment for 1 year or more; and
b: that person has immunity from criminal jurisdiction in the place where that act or omission took place; and
c: that immunity has not been waived (otherwise than to any extent necessary to enable the extradition of that person),— that act or omission shall be deemed to have taken place within New Zealand.
3: No charging document may be filed
4: Subsection (5) applies to any offence before a charging document may be filed
5: Where any person is alleged to have committed an offence to which this subsection applies,—
a: he or she may be arrested; or
b: a warrant for his or her arrest may be issued and executed,— and he or she may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General has not been obtained to the filing of a charging document Section 8A inserted 16 December 1983 Foreign Affairs Act 1983 Section 8A(1) replaced 1 December 1988 section 14(1) Foreign Affairs Act 1988 Section 8A(1)﻿(a) amended 1 July 1993 section 2(3) Foreign Affairs Amendment Act 1993 Section 8A(1)﻿(b) amended 1 July 1993 section 2(3) Foreign Affairs Amendment Act 1993 Section 8A(1)﻿(c)﻿(ii) amended 1 July 1993 section 2(3) Foreign Affairs Amendment Act 1993 Section 8A(1)﻿(c)﻿(ii) amended 1 July 1993 section 6(1) Foreign Affairs Amendment Act 1993 Section 8A(1)﻿(c)﻿(iii) amended 7 August 2020 section 135 Public Service Act 2020 Section 8A(1)﻿(c)﻿(iii) amended 1 July 2003 section 84 New Zealand Trade and Enterprise Act 2003 Section 8A(3) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 8A(4) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 8A(5) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
9: Offences not to be punishable except under New Zealand Acts
1: No one shall be convicted of any offence at common law, or of any offence against any Act of the Parliament of England or the Parliament of Great Britain or the Parliament of the United Kingdom: provided that—
a: nothing in this section shall limit or affect the power or authority of the House of Representatives
b: nothing in this section shall limit or affect the jurisdiction or powers of the Court Martial
2: The jurisdiction, authority, or power of a court to punish for contempt is subject to the Contempt of Court Act 2019 1908 No 32 s 5 Section 9(1) proviso paragraph (a) amended 26 August 2020 section 29 Contempt of Court Act 2019 Section 9(1) proviso paragraph (b) amended 1 July 2009 section 87 Court Martial Act 2007 Section 9(2) inserted 26 August 2020 section 29 Contempt of Court Act 2019
10: Offence under more than 1 enactment
1: Where an act or omission constitutes an offence under this Act and under any other Act, the offender may be prosecuted and punished either under this Act or under that other Act.
2: Where an act or omission constitutes an offence under 2 or more Acts other than this Act, the offender may be prosecuted and punished under any one of those Acts.
3: Where an act or omission constitutes an offence under 2 or more provisions of this Act or of any other Act, the offender may be prosecuted and punished under any one of those provisions.
4: No one is liable to be punished twice in respect of the same offence. 1908 No 32 s 6 1924 No 11 s 25(i) Section 10(4) replaced 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
10A: Criminal enactments not to have retrospective effect
Notwithstanding any other enactment or rule of law to the contrary, no person shall be liable in any criminal proceedings in respect of an act or omission by him or her if, at the time of the act or omission, the act or omission by him or her did not constitute an offence. 1954 No 50 s 43B 1980 No 21 s 22 Section 10A inserted 1 October 1985 Crimes Amendment Act (No 2) 1985
10B: Period of limitation
Section 10B repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
11: Construction of other Acts
Section 11 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
12: Summary jurisdiction
Section 12 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
2: Punishments
13: Powers of courts under other Acts not affected
Nothing in this Act shall be construed to limit or affect in any way any provision of any other Act conferring on any court any power to pass a sentence or impose a punishment or make an order in addition to or instead of a sentence or punishment prescribed by this Act, or otherwise to deal with any offender. Death Heading repealed 26 December 1989 section 3(1)﻿(a) Abolition of the Death Penalty Act 1989
14: Form of sentence in capital cases
Section 14 repealed 26 December 1989 section 3(1)﻿(a) Abolition of the Death Penalty Act 1989
15: Sentence of death not to be passed on pregnant woman
Section 15 repealed 26 December 1989 section 3(1)﻿(a) Abolition of the Death Penalty Act 1989
16: Sentence of death not to be passed on person under 18 years of age
Section 16 repealed 26 December 1989 section 3(1)﻿(a) Abolition of the Death Penalty Act 1989 Imprisonment
17: No sentence of solitary confinement to be passed
1: No offender shall be sentenced to solitary confinement.
2: Every reference in any enactment to solitary confinement, or to imprisonment in solitary confinement, shall hereafter be construed as a reference to imprisonment.
3: Nothing in this section shall be construed to limit or affect any of the provisions of the Corrections Act 2004 1908 No 32 s 24(2) Section 17(3) amended 1 June 2005 section 206 Corrections Act 2004 Putting under bond Heading repealed 1 October 1985 Crimes Amendment Act (No 2) 1985
18: Putting under bond
Section 18 repealed 1 October 1985 Crimes Amendment Act (No 2) 1985 Fine
19: Enforcement of fines by High Court
1: If the High Court imposes 1 or more fines, Part 3
2: Without limiting the actions that the High Court may take under Part 3
3: To avoid doubt, section 88A
4: If an offender is sentenced by the High Court to community work, community detention, or home detention under section 88AE(1)
a: section 89(2) and (3)
i: the references in those subsections to a District Court Judge were references to a High Court Judge; and
ii: the reference to the High Court was a reference to the Court of Appeal; and
b: sections 244 250
5: Despite section 90
a: the maximum term of imprisonment to which the offender was liable on the conviction; or
b: a period of 2 years.
6: If the High Court enforces 1 or more fines under this section, the court may, at the same time, enforce any outstanding fine or fines imposed on the offender by the District Court
7: For the purposes of subsection (6), the outstanding fine or fines imposed by the District Court must be treated as if the fine or fines were imposed by the High Court and, in accordance with subsection (1), Part 3
a: any necessary modifications; and
b: the modifications in subsections (2) and (4), but not the modification in subsection (5), if the outstanding fine or fines were imposed in the District Court.
8: A Registrar of the District Court the District Court Part 3
9: A bailiff of the District Court the District Court Part 3
10: The amount of the fee payable if default is made in the payment of 1 or more fines imposed by the High Court to which, under subsection (1), Part 3 Summary Proceedings Act 1957
11: To avoid doubt, sections 92A to 92I
12: For the purposes of this section, and subject to subsection (4), any reference in Part 3
a: a court is, unless the context otherwise requires, taken to be a reference to the High Court; and
b: a District Court Judge is, unless the context otherwise requires, taken to be a reference to a High Court Judge; and
c: a Registrar is, unless the context otherwise requires, taken to be a reference to a Registrar of the High Court or of the District Court
13: In this section, fine section 79 Section 19 replaced 13 February 2012 section 4 Crimes Amendment Act (No 2) 2011 Section 19(4)﻿(b) replaced 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 19(6) amended 1 March 2017 section 261 District Court Act 2016 Section 19(7) replaced 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 19(8) amended 1 March 2017 section 261 District Court Act 2016 Section 19(9) amended 1 March 2017 section 261 District Court Act 2016 Section 19(12)﻿(c) amended 1 March 2017 section 261 District Court Act 2016
3: Matters of justification or excuse
20: General rule as to justifications
1: All rules and principles of the common law which render any circumstances a justification or excuse for any act or omission, or a defence to any charge, shall remain in force and apply in respect of a charge of any offence, whether under this Act or under any other enactment, except so far as they are altered by or are inconsistent with this Act or any other enactment.
2: The matters provided for in this Part are hereby declared to be justifications or excuses in the case of all charges to which they are applicable. 1908 No 32 s 40 Infancy
21: Children under 10
1: No person shall be convicted of an offence by reason of any act done or omitted by him or her when under the age of 10 years.
2: The fact that by virtue of this section any person has not been or is not liable to be convicted of an offence shall not affect the question whether any other person who is alleged to be a party to that offence is guilty of that offence. 1908 No 32 s 41
22: Children between 10 and 14
1: No person shall be convicted of an offence by reason of any act done or omitted by him or her when of the age of 10 but under the age of 14 years, unless he or she knew either that the act or omission was wrong or that it was contrary to law.
2: The fact that by virtue of this section any person has not been or is not liable to be convicted of an offence shall not affect the question whether any other person who is alleged to be a party to that offence is guilty of that offence. 1908 No 32 s 42 Insanity
23: Insanity
1: Every one shall be presumed to be sane at the time of doing or omitting any act until the contrary is proved.
2: No person shall be convicted of an offence by reason of an act done or omitted by him or her when labouring under natural imbecility or disease of the mind to such an extent as to render him or her incapable—
a: of understanding the nature and quality of the act or omission; or
b: of knowing that the act or omission was morally wrong, having regard to the commonly accepted standards of right and wrong.
3: Insanity before or after the time when he or she did or omitted the act, and insane delusions, though only partial, may be evidence that the offender was, at the time when he or she did or omitted the act, in such a condition of mind as to render him or her irresponsible for the act or omission.
4: The fact that by virtue of this section any person has not been or is not liable to be convicted of an offence shall not affect the question whether any other person who is alleged to be a party to that offence is guilty of that offence. 1908 No 32 s 43 Compulsion
24: Compulsion
1: Subject to the provisions of this section, a person who commits an offence under compulsion by threats of immediate death or grievous bodily harm from a person who is present when the offence is committed is protected from criminal responsibility if he or she believes that the threats will be carried out and if he or she is not a party to any association or conspiracy whereby he or she is subject to compulsion.
2: Nothing in subsection (1) shall apply where the offence committed
a: section 73 section 78 Espionage
b: section 79
c: section 92
d: section 93
e: section 167 168
f: section 173
g: section 188
h: subsection (1) of section 189
i: section 208
j: section 209
k: section 234
ka:
l: section 235
m: section 267
3: Where a woman who is married or in a civil union commits an offence, the fact that her spouse 1908 No 32 s 44 Section 24(2) amended 1 February 1986 section 7(1) Crimes Amendment Act (No 3) 1985 Section 24(2)﻿(k) replaced 1 October 2003 section 5 Crimes Amendment Act 2003 Section 24(2)﻿(ka) repealed 1 October 2003 section 5 Crimes Amendment Act 2003 Section 24(2)﻿(l) replaced 1 October 2003 section 5 Crimes Amendment Act 2003 Section 24(2)﻿(m) inserted 1 October 2003 section 5 Crimes Amendment Act 2003 Section 24(3) replaced 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 24(3) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Ignorance of law
25: Ignorance of law
The fact that an offender is ignorant of the law is not an excuse for any offence committed by him or her. 1908 No 32 s 45 Sentence or process
26: Execution of sentence, process, or warrant
1: Every ministerial officer of any court authorised to execute a lawful sentence, and every prison manager prison prison manager
2: Every ministerial officer of any court duly authorised to execute any lawful process of the court, whether of a civil or a criminal nature, and every person lawfully assisting him or her, is justified in executing it; and every prison manager
3: Every one duly authorised to execute a lawful warrant issued by any court or Justice or Community Magistrate prison manager 1908 No 32 s 46 Section 26(1) amended 1 June 2005 section 206 Corrections Act 2004 Section 26(2) amended 1 June 2005 section 206 Corrections Act 2004 Section 26(3) amended 1 June 2005 section 206 Corrections Act 2004 Section 26(3) amended 30 June 1998 section 2 Crimes Amendment Act (No 2) 1998
27: Execution of erroneous sentence or process
If a sentence is passed or a process is issued by a court having jurisdiction under any circumstances to pass such a sentence or issue such a process, or if a warrant is issued by a court or person having jurisdiction under any circumstances to issue such a warrant, the sentence passed or process or warrant issued shall be sufficient to justify the execution of it by every officer, prison manager
a: the court passing the sentence or issuing the process had no authority to pass that sentence or issue that process in the particular case; or
b: the court or other person issuing the warrant had no jurisdiction to issue it, or exceeded its or his or her jurisdiction in issuing it, in the particular case. 1908 No 32 s 47 Section 27 amended 1 June 2005 section 206 Corrections Act 2004
28: Sentence or process without jurisdiction
1: Every officer, prison manager
a: he or she acts in good faith under the belief that the sentence or process was that of a court having jurisdiction, or, as the case may be, that the warrant was that of a court, Justice, Community Magistrate,
b: it is proved that the person passing the sentence or issuing the process acted as such a court under colour of having some appointment or commission lawfully authorising him or her to act as such a court, or, as the case may require, that the person issuing the warrant acted as a Justice , Community Magistrate,
2: This section shall apply notwithstanding that, in fact,—
a: any such appointment or commission as aforesaid did not exist or had expired; or
b: the court or the person passing the sentence or issuing the process was not the court or the person authorised by the appointment or commission to act; or
c: the person issuing the warrant was not duly authorised to issue it. 1908 No 32 s 48 Section 28(1) amended 1 June 2005 section 206 Corrections Act 2004 Section 28(1)﻿(a) amended 30 June 1998 section 3(a) Crimes Amendment Act (No 2) 1998 Section 28(1)﻿(b) amended 30 June 1998 section 3(b) Crimes Amendment Act (No 2) 1998
29: Irregular warrant or process
1: Every one acting under a warrant or process that is bad in law on account of some defect in substance or in form, apparent on the face of it, shall be protected from criminal responsibility to the same extent and subject to the same provisions as if the warrant or process were good in law if in good faith and without culpable ignorance or negligence he or she believed that the warrant or process was good in law; and ignorance of the law shall in this case be an excuse.
2: It is a question of law whether the facts of which there is evidence do or do not constitute culpable ignorance or negligence in his or her so believing the warrant or process to be good in law. 1908 No 32 s 50 Arrest
30: Arresting the wrong person
1: Every one duly authorised to execute a warrant to arrest who thereupon arrests a person, believing in good faith and on reasonable and probable grounds that he or she is the person named in the warrant, shall be protected from criminal responsibility to the same extent and subject to the same provisions as if the person arrested had been the person named in the warrant.
2: Every one called on to assist the person making such arrest, and believing that the person in whose arrest he or she is called on to assist is the person for whose arrest the warrant is issued, and every prison manager 1908 No 32 s 49 Section 30(2) amended 1 June 2005 section 206 Corrections Act 2004
31: Arrest by constable pursuant to statutory powers
Every constable is justified in arresting any person without warrant in accordance with the provisions of section 315 1908 No 32 ss 56, 57(2)
32: Arrest by constable of person believed to have committed offence
Where under any enactment any constable has power to arrest without warrant any person who has committed an offence, the constable is justified in arresting without warrant any person whom he or she believes, on reasonable and probable grounds, to have committed that offence, whether or not the offence has in fact been committed, and whether or not the arrested person committed it. 1908 No 32 s 51
33: Arrest by other officers or persons pursuant to statutory powers
Every officer or other person, not being a constable, who is authorised by any enactment to arrest any person without warrant is justified in so arresting any person in accordance with the provisions of that enactment.
34: Persons assisting constable or officer in arrest
1: Every one called upon by a constable to assist him or her in the arrest of any person believed or suspected to have committed any offence is justified in assisting unless he or she knows that there is no reasonable ground for the belief or suspicion.
2: Where by any enactment it is provided that any officer or person, not being a constable, may call upon any other person to assist him or her in arresting without warrant any one who has committed or is found committing any offence, every person so called upon is justified in assisting unless he or she knows that there is no reasonable ground for believing that the person to be arrested has committed the offence. 1908 No 32 s 52
35: Arrest of persons found committing certain crimes
Every one is justified in arresting without warrant—
a: any person whom he or she finds committing any offence against this Act
b: any person whom he or she finds by night committing any offence against this Act. 1908 No 32 ss 53, 57(1) Section 35(a) amended 27 March 2008 section 4 Crimes Amendment Act 2008
36: Arrest of person believed to be committing crime by night
Every one is protected from criminal responsibility for arresting without warrant any person whom he or she finds by night in circumstances affording reasonable and probable grounds for believing that that person is committing an offence against this Act. 1908 No 32 s 55
37: Arrest after commission of certain crimes
Where any offence against this Act has been committed, every one who believes, on reasonable and probable grounds, that any person has committed that offence is protected from criminal responsibility for arresting that person without warrant, whether or not that person committed the offence. 1908 No 32 s 54
38: Arrest during flight
1: Every one is protected from criminal responsibility for arresting without warrant any person whom he or she believes, on reasonable and probable grounds, to have committed an offence against this Act, and to be escaping from and to be freshly pursued by any one whom he or she believes, on reasonable and probable grounds, to have lawful authority to arrest that person for the offence.
2: This section shall apply whether or not the offence has in fact been committed, and whether or not the arrested person committed it. 1908 No 32 s 58 Use of force
39: Force used in executing process or in arrest
Where any person is justified, or protected from criminal responsibility, in executing or assisting to execute any sentence, warrant, or process, or in making or assisting to make any arrest, that justification or protection shall extend and apply to the use by him or her of such force as may be necessary to overcome any force used in resisting such execution or arrest, unless the sentence, warrant, or process can be executed or the arrest made by reasonable means in a less violent manner: provided that, except in the case of a constable or a person called upon by a constable to assist him or her, this section shall not apply where the force used is intended or likely to cause death or grievous bodily harm. 1908 No 32 s 60
40: Preventing escape or rescue
1: Where any person is lawfully authorised to arrest or to assist in arresting any other person, or is justified in or protected from criminal responsibility for arresting or assisting to arrest any other person, that authority, justification, or protection, as the case may be, shall extend and apply to the use of such force as may be necessary—
a: to prevent the escape of that other person if he or she takes to flight in order to avoid arrest; or
b: to prevent the escape or rescue of that other person after his or her arrest— unless in any such case the escape or rescue can be prevented by reasonable means in a less violent manner: provided that, except in the case of a constable or a person called upon by a constable to assist him or her, this subsection shall not apply where the force used is intended or likely to cause death or grievous bodily harm.
2: Where any prisoner prison prisoner 1908 No 32 ss 62, 63, 64, 65 Section 40(2) amended 1 June 2005 section 206 Corrections Act 2004
41: Prevention of suicide or certain offences
1: Every one is justified in using such force as may be reasonably necessary in order to prevent the commission of suicide, or the commission of an offence which would be likely to cause immediate and serious injury to the person or property of any one, or in order to prevent any act being done which he or she believes, on reasonable grounds, would, if committed, amount to suicide or to any such offence.
2: This section is subject to section 37 1908 No 32 s 72 Section 41(2) inserted 6 November 2021 section 41 End of Life Choice Act 2019 Breach of the peace
42: Preventing breach of the peace
1: Every one who witnesses a breach of the peace is justified in interfering to prevent its continuance or renewal, and may detain any person committing it, in order to give him or her into the custody of a constable: provided that the person interfering shall use no more force than is reasonably necessary for preventing the continuance or renewal of the breach of the peace, or than is reasonably proportionate to the danger to be apprehended from its continuance or renewal.
2: Every constable who witnesses a breach of the peace, and every person lawfully assisting him or her, is justified in arresting any one whom he or she finds committing it.
3: Every constable is justified in receiving into custody any person given into his or her charge, as having been a party to a breach of the peace, by one who has witnessed it or whom the constable believes on reasonable and probable grounds to have witnessed it. 1908 No 32 s 66
43: Suppression of riot
Every one is justified in using such force as is necessary to suppress a riot, if the force used is not disproportionate to the danger to be apprehended from the continuance of the riot. 1908 No 32 s 67
44: Suppression of riot by Police
The senior constable 1908 No 32 s 68 Section 44 amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
45: Suppression of riot by persons acting under lawful orders
1: Every one, whether a member of the New Zealand forces or not, acting in good faith in obedience to orders for the suppression of any riot given by the senior constable
2: It is a question of law whether any particular order is manifestly unlawful or not. 1908 No 32 s 69 Section 45(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
46: Suppression of riot by persons without orders
Every one, whether a member of the New Zealand forces or not, who believes, in good faith and on reasonable and probable grounds, that serious mischief will arise from a riot before there is time to procure the intervention of the Police, is justified in using such force as he or she believes, in good faith and on reasonable and probable grounds, to be necessary to suppress the riot, not being disproportionate to the danger which he or she believes, on reasonable grounds, is to be apprehended from the continuance of the riot. 1908 No 32 s 70
47: Protection of members of New Zealand forces
1: Every one bound as a member of the New Zealand forces to obey the lawful command of his or her superior officer is justified in obeying any command given him or her by any such officer for the suppression of a riot, unless the command is manifestly unlawful.
2: It is a question of law whether any particular command is manifestly unlawful or not. 1908 No 32 s 71 Defence against assault
48: Self-defence and defence of another
1: Every one is justified in using, in the defence of himself or herself or another, such force as, in the circumstances as he or she believes them to be, it is reasonable to use.
2: This section is subject to section 37 Section 48 replaced 1 January 1981 Crimes Amendment Act 1980 Section 48(2) inserted 6 November 2021 section 41 End of Life Choice Act 2019
49: Self-defence against provoked assault
Section 49 repealed 1 January 1981 Crimes Amendment Act 1980
50: Provocation defined
Section 50 repealed 1 January 1981 Crimes Amendment Act 1980
51: Defence of person under protection
Section 51 repealed 1 January 1981 Crimes Amendment Act 1980 Defence of property
52: Defence of movable property against trespasser
1: Every one in peaceable possession of any movable thing, and every one lawfully assisting him or her, is justified in using reasonable force to resist the taking of the thing by any trespasser or to retake it from any trespasser, if in either case he or she does not strike or do bodily harm to the trespasser.
2: 1908 No 32 s 77 Section 52(2) repealed 1 January 1981 Crimes Amendment Act 1980
53: Defence of movable property with claim of right
1: Every one in peaceable possession of any movable thing under a claim of right, and every one acting under his or her authority, is protected from criminal responsibility for defending his or her possession by the use of reasonable force, even against a person entitled by law to possession, if he or she does not strike or do bodily harm to the other person.
2: 1908 No 32 s 78 Section 53(2) repealed 1 January 1981 Crimes Amendment Act 1980
54: Defence of movable property without claim of right
1: Every one in peaceable possession of any movable thing, but neither claiming right thereto nor acting under the authority of a person claiming right thereto, is neither justified in nor protected from criminal responsibility for defending his or her possession against a person entitled by law to possession.
2: 1908 No 32 s 79 Section 54(2) repealed 1 January 1981 Crimes Amendment Act 1980
55: Defence of dwellinghouse
Every one in peaceable possession of a dwellinghouse, and every one lawfully assisting him or her or acting by his or her authority, is justified in using such force as is necessary to prevent the forcible breaking and entering of the dwellinghouse by any person if he or she believes, on reasonable and probable grounds, that there is no lawful justification for the breaking and entering. 1908 No 32 ss 80, 81 Criminal Code (1954) s 40 (Canada)
56: Defence of land or building
1: Every one in peaceable possession of any land or building, and every one lawfully assisting him or her or acting by his or her authority, is justified in using reasonable force to prevent any person from trespassing on the land or building or to remove him or her therefrom, if he or she does not strike or do bodily harm to that person.
2: 1908 No 32 s 82 Section 56(2) repealed 1 January 1981 Crimes Amendment Act 1980 Peaceable entry
57: Assertion of right to land or building
1: Every one is justified in peaceably entering in the daytime on any land or building to the possession of which he or she, or some person under whose authority he or she acts, is lawfully entitled, for the purpose of taking possession thereof.
2:
3: 1908 No 32 s 83 Section 57(2) repealed 1 January 1981 Crimes Amendment Act 1980 Section 57(3) repealed 1 January 1981 Crimes Amendment Act 1980
58: Exercise of right of way, etc
Every one lawfully entitled to enter on any land for the exercise of any right of way or other easement or profit is justified in peaceably entering on the land for the purpose of exercising that right of way, easement, or profit: provided that if any one so entering has notice that his or her right to use that way or easement, or to take that profit, is disputed by the person in possession of the land, an assault committed by that person, or by any person acting under his or her authority, for the purpose of making the person entering desist from entry, shall be deemed to be provoked by the person entering. 1908 No 32 s 84 Powers of discipline
59: Parental control
1: Every parent of a child and every person in the place of a parent of the child is justified in using force if the force used is reasonable in the circumstances and is for the purpose of—
a: preventing or minimising harm to the child or another person; or
b: preventing the child from engaging or continuing to engage in conduct that amounts to a criminal offence; or
c: preventing the child from engaging or continuing to engage in offensive or disruptive behaviour; or
d: performing the normal daily tasks that are incidental to good care and parenting.
2: Nothing in subsection (1) or in any rule of common law justifies the use of force for the purpose of correction.
3: Subsection (2) prevails over subsection (1).
4: To avoid doubt, it is affirmed that the Police have the discretion not to prosecute complaints against a parent of a child or person in the place of a parent of a child in relation to an offence involving the use of force against a child, where the offence is considered to be so inconsequential that there is no public interest in proceeding with a prosecution. Section 59 replaced 21 June 2007 section 5 Crimes (Substituted Section 59) Amendment Act 2007
60: Discipline on ship or aircraft
1: The master or officer in command of a ship on a voyage or the pilot in command of an aircraft on a flight is justified in using and ordering the use of force for the purpose of maintaining good order and discipline on board his or her ship or aircraft if he or she believes on reasonable grounds that the use of force is necessary, and if the force used is reasonable in the circumstances.
2: Every one acting in good faith is justified in using force in obedience to any order given by the master or officer or pilot in command for the purpose aforesaid, if the force used is reasonable in the circumstances.
3: The reasonableness of the grounds on which the use of force was believed to be necessary, and the reasonableness of the force used, are questions of fact. 1908 No 32 s 85(2), (3) Surgical operations
61: Surgical operations
Every one is protected from criminal responsibility for performing with reasonable care and skill any surgical operation upon any person for his or her benefit, if the performance of the operation was reasonable, having regard to the patient's state at the time and to all the circumstances of the case. 1908 No 32 s 86(1)
61A: Further provisions relating to surgical operations
1: Every one is protected from criminal responsibility for performing with reasonable care and skill any surgical operation upon any person if the operation is performed with the consent of that person, or of any person lawfully entitled to consent on his or her behalf to the operation, and for a lawful purpose.
2: Without limiting the term lawful purpose Section 61A inserted 16 December 1977 Crimes Amendment Act 1977 General provisions
62: Excess of force
Every one authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess. 1908 No 32 s 86(2)
63: Consent to death
No one has a right to consent to the infliction of death upon himself or herself; and, if any person is killed, the fact that he or she gave any such consent shall not affect the criminal responsibility of any person who is a party to the killing. 1908 No 32 s 87
64: Obedience to de facto law
Every one is protected from criminal responsibility for any act done in obedience to the laws for the time being made and enforced by those in possession de facto of the sovereign power in and over the place where the act is done. 1908 No 32 s 88
65: Other enactments not affected
Nothing in this Act shall take away or diminish any authority given by any other enactment to arrest, detain, or put any restraint on any person. 1908 No 32 s 59
4: Parties to the commission of offences
66: Parties to offences
1: Every one is a party to and guilty of an offence who—
a: actually commits the offence; or
b: does or omits an act for the purpose of aiding any person to commit the offence; or
c: abets any person in the commission of the offence; or
d: incites, counsels, or procures any person to commit the offence.
2: Where 2 or more persons form a common intention to prosecute any unlawful purpose, and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of the common purpose if the commission of that offence was known to be a probable consequence of the prosecution of the common purpose. 1908 No 32 s 90
67: Conspiracy between spouses or civil union partners
A person is capable of conspiring with his or her spouse or civil union partner or with his or her spouse or civil union partner and any other person. Section 67 replaced 26 April 2005 section 7 Relationships (Statutory References) Act 2005
68: Party to murder outside New Zealand
1: Except as hereinafter provided, every one is liable to imprisonment for a term not exceeding 14 years who, in New Zealand, aids, incites, counsels, or procures the doing or omission of an act outside New Zealand which, if done or omitted in New Zealand, would be murder.
2: Every one is liable to imprisonment for a term not exceeding 10 years who, in New Zealand, incites, counsels, or attempts to procure the doing or omission of an act outside New Zealand which, if done or omitted in New Zealand, would be murder, when no such act is in fact done or omitted.
3: It is a defence to a charge under this section to prove that the doing or omission of the act was not an offence under the law of the place where it was, or was to be, done or omitted.
4: Nothing in this section limits or affects sections 9 to 11 1908 No 32 s 189(b) Section 68(4) inserted 1 October 2000 section 181(1) International Crimes and International Criminal Court Act 2000
69: Party to any other crime outside New Zealand
1: Every one is liable to imprisonment for a term not exceeding 14 years who, in New Zealand, aids, incites, counsels, or procures the doing or omission outside New Zealand, by any person not owing allegiance to the Sovereign in right of New Zealand, of any act which, if done or omitted outside New Zealand by a person owing such allegiance, would be any of the crimes of treason, inciting to mutiny, or espionage sections 73 77 78
2: Every one is liable to imprisonment for a term not exceeding 10 years who, in New Zealand, incites, counsels, or attempts to procure the doing or omission outside New Zealand of any act which, if done or omitted in New Zealand, would be any such crime as aforesaid, when that act is not in fact done or omitted.
3: Every one who, in New Zealand, aids, incites, counsels, or procures the doing or omission outside New Zealand of any act (not being an act to which the foregoing provisions of this section apply) which, if done or omitted in New Zealand, would be an offence other than murder punishable by imprisonment for life or by 2 or more years' imprisonment the offence provided that it shall be a defence to a charge under this subsection to prove that the doing or omission of the act to which the charge relates was not an offence under the law of the place where it was, or was to be, done or omitted.
4: Except as otherwise provided in this Act, no one shall be convicted of inciting, counselling, or attempting to procure in New Zealand the doing or omission of an act outside New Zealand when that act is not in fact done or omitted.
5: Nothing in this section limits or affects sections 9 to 11 Section 69(1) amended 1 July 1983 Crimes Amendment Act (No 2) 1982 Section 69(3) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 69(5) inserted 1 October 2000 section 181(2) International Crimes and International Criminal Court Act 2000
70: Offence committed other than offence intended
1: Every one who incites, counsels, or procures another to be a party to an offence of which that other is afterwards guilty is a party to that offence, although it may be committed in a way different from that which was incited, counselled, or suggested.
2: Every one who incites, counsels, or procures another to be a party to an offence is a party to every offence which that other commits in consequence of such inciting, counselling, or procuring, and which the first-mentioned person knew to be likely to be committed in consequence thereof. 1908 No 32 s 91
71: Accessory after the fact
1: An accessory after the fact to an offence is one who, knowing any person to have been a party to the offence, receives, comforts, or assists that person or tampers with or actively suppresses any evidence against him or her, in order to enable him or her to escape after arrest or to avoid arrest or conviction.
2: 1908 No 32 s 92 Criminal Code (1954) s 23 (Canada) Section 71(2) repealed 12 March 2019 section 4 Crimes Amendment Act 2019
72: Attempts
1: Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his or her object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
2: The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.
3: An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence. 1908 No 32 s 93
5: Crimes against public order
Treason and other crimes against the Sovereign and the State
73: Treason
Every one owing allegiance to the Sovereign in right of New Zealand commits treason who, within or outside New Zealand,—
a: kills or wounds or does grievous bodily harm to the Sovereign, or imprisons or restrains her or him; or
b: levies war against New Zealand; or
c: assists an enemy at war with New Zealand, or any armed forces against which New Zealand forces are engaged in hostilities, whether or not a state of war exists between New Zealand and any other country; or
d: incites or assists any person with force to invade New Zealand; or
e: uses force for the purpose of overthrowing the Government of New Zealand; or
f: conspires with any person to do anything mentioned in this section. 1908 No 32 s 94 Criminal Code (1954) s 46 (Canada)
74: Punishment for treason or attempted treason
1: Except as otherwise provided in this Act, every one who commits treason within the meaning of any of the provisions of paragraphs (a) to (e) of section 73 imprisonment for life
2: Every one is liable to imprisonment for a term not exceeding 14 years who commits treason within the meaning of paragraph (f) of the said section 73
3: Every one is liable to imprisonment for a term not exceeding 14 years who, owing allegiance to the Sovereign in right of New Zealand, attempts to commit treason within or outside New Zealand. 1908 No 32 ss 95, 99 Section 74(1) amended 26 December 1989 section 3(2) Abolition of the Death Penalty Act 1989
75: Evidence of treason
1: No one shall be convicted of treason on the evidence of 1 witness only, unless the evidence of that witness is corroborated in some material particular by evidence implicating the defendant
2: Nothing in subsection (1) shall apply to treason within the meaning of paragraph (a) of section 73 1908 No 32 s 96(1) Criminal Code (1954) s 47(2) (Canada) Section 75(1) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
76: Punishment for being party to treason
Every one is liable to imprisonment for a term not exceeding 7 years who—
a: becomes an accessory after the fact to treason; or
b: knowing that a person is about to commit treason, fails without reasonable excuse to inform a constable as soon as possible or to use other reasonable efforts to prevent its commission. 1908 No 32 s 98
77: Inciting to mutiny
Every one owing allegiance to the Sovereign in right of New Zealand is liable to imprisonment for a term not exceeding 10 years who, within or outside New Zealand, for any traitorous or mutinous purpose,—
a: endeavours at any time to seduce any person serving in the New Zealand forces from his or her duty; or
b: during any war or state of hostilities in which New Zealand forces are engaged, endeavours to seduce any person serving in any allied armed force, whether a Commonwealth force or not, from his or her duty. 1908 No 32 s 100 1954 No 29 s 3
78: Espionage
Every one is liable to imprisonment for a term not exceeding 14 years who, being a person who owes allegiance to the Sovereign in right of New Zealand, within or outside New Zealand,—
a: with intent to prejudice the security or defence of New Zealand, communicates information or delivers any object to a country or organisation outside New Zealand or to a person acting on behalf of any such country or organisation; or
b: with intent to prejudice the security or defence of New Zealand and with the intention of communicating information or delivering any object to a country or organisation outside New Zealand or to a person acting on behalf of any such country or organisation,—
i: collects or records any information; or
ii: copies any document; or
iii: obtains any object; or
iv: makes any sketch, plan, model, or note; or
v: takes any photograph; or
vi: records any sound or image; or
vii: delivers any object to any person,— if the communication or delivery or intended communication or intended delivery under paragraph (a) or paragraph (b) is likely to prejudice the security or defence of New Zealand. Section 78 replaced 1 July 1983 Crimes Amendment Act (No 2) 1982
78AA: Wrongful communication, retention, or copying of classified information
1: Every person specified in subsection (2) is liable to imprisonment for a term not exceeding 5 years if the person, within or outside New Zealand,—
a: knowingly or recklessly, and with knowledge that he or she is acting without proper authority, communicates any classified information to any other person; or
b: knowing that he or she is acting without proper authority, retains or copies any classified information; or
c: knowingly fails to comply with any directions issued by a lawful authority for the return of any classified information that is in his or her possession or under his or her control.
2: Subsection (1) applies to—
a: a person who holds, or has held, a government-sponsored national security clearance to access classified information; or
b: a person to whom classified information has been disclosed in confidence if—
i: the disclosure is authorised; and
ii: the person knows that the disclosure is in respect of classified information.
3: In this section,— classified information
a: information that—
i: is, or was, official information; and
ii: is classified under the New Zealand Government Security Classification System as being accessible only to persons who have a national security clearance:
b: foreign government information that is—
i: classified in a foreign country; and
ii: accessible only to persons having a government-sponsored national security clearance New Zealand Government Security Classification System official information section 78A(2) Section 78AA inserted 28 September 2017 section 254 Intelligence and Security Act 2017
78A: Wrongful communication, retention, or copying of official information
1: Every one is liable to imprisonment for a term not exceeding 3 years who, being a person who owes allegiance to the Sovereign in right of New Zealand, within or outside New Zealand,—
a: knowingly or recklessly, and with knowledge that he or she is acting without proper authority, communicates any official information or delivers any object to any other person knowing that such communication or delivery is likely to prejudice the security or defence of New Zealand; or
b: with intent to prejudice the security or defence of New Zealand, retains or copies any official document—
i: which he or she knows he or she does not have proper authority to retain or copy; and
ii: which he or she knows relates to the security or defence of New Zealand; and
iii: which would, by its unauthorised disclosure, be likely to prejudice the security or defence of New Zealand; or
c: knowingly fails to comply with any directions issued by a lawful authority for the return of an official document—
i: which is in his or her possession or under his or her control; and
ii: which he or she knows relates to the security or defence of New Zealand; and
iii: which would, by its unauthorised disclosure, be likely to prejudice seriously the security or defence of New Zealand.
2: In this section,— department Part 1 object
a: a department; or
b: a Minister of the Crown in his or her official capacity; or
c: an organisation; or
d: an officer or employee of any department or organisation in his or her capacity as such an officer or employee or in his or her capacity as a statutory officer; or
e: an independent contractor engaged by any department or Minister of the Crown or organisation in his or her capacity as such contractor; or
f: a branch or post, outside New Zealand, of a department or organisation; or
g: an unincorporated body (being a board, council, committee, subcommittee, or other body)—
i: which is established for the purpose of assisting or advising, or performing functions connected with, any department or Minister of the Crown or organisation; and
ii: which is so established in accordance with the provisions of any enactment or by any department or Minister of the Crown or organisation,— is entitled to have in its or his or her possession by virtue of its or his or her rights as the owner, hirer, lessee, bailee, or custodian of that object official information
a: means any information held by—
i: a department; or
ii: a Minister of the Crown in his or her official capacity; or
iii: an organisation; or
iv: an officer or employee of any department or organisation in his or her capacity as such an officer or employee or in his or her capacity as a statutory officer; or
v: an independent contractor engaged by any department or Minister of the Crown or organisation in his or her capacity as such contractor; and
b: includes any information held outside New Zealand by any branch or post of—
i: a department; or
ii: an organisation; and
c: includes any information held by an unincorporated body (being a board, council, committee, subcommittee, or other body)—
i: which is established for the purpose of assisting or advising, or performing functions connected with, any department or Minister of the Crown or organisation; and
ii: which is so established in accordance with the provisions of any enactment or by any department or Minister of the Crown or organisation organisation
a: an organisation named in Part 2
b: an organisation named in Schedule 1 statutory officer
a: holding or performing the duties of an office established by an enactment; or
b: performing duties expressly conferred on him or her by virtue of his or her office by an enactment. Section 78A inserted 1 July 1983 Crimes Amendment Act (No 2) 1982
78B: Consent of Attorney-General to proceedings in relation to espionage or wrongful communication, retention, or copying of
classified information or
1: No charging document may be filed
a: an offence against section 78 78AA(1) 78A(1)
b: the offence of conspiring to commit an offence against section 78 78AA(1) 78A(1)
c: the offence of attempting to commit an offence against section 78 78AA(1) 78A(1) 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 or her 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 charge
2: The Attorney-General may, before deciding whether or not to give his or her consent under subsection (1), make such inquiries as he or she thinks fit. Section 78B inserted 1 July 1983 Crimes Amendment Act (No 2) 1982 Section 78B heading amended 28 September 2017 section 255(1) Intelligence and Security Act 2017 Section 78B(1) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 78B(1)﻿(a) amended 28 September 2017 section 255(2) Intelligence and Security Act 2017 Section 78B(1)﻿(b) amended 28 September 2017 section 255(2) Intelligence and Security Act 2017 Section 78B(1)﻿(c) amended 28 September 2017 section 255(2) Intelligence and Security Act 2017 Section 78B(1) proviso amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
78C: Questions of law in relation to espionage or wrongful communication of information
1: It is a question of law, in the case of—
a: an offence against section 78 section 78A(1)﻿(a)
b: the offence of conspiring to commit an offence against section 78 section 78A(1)﻿(a)
c: the offence of attempting to commit an offence against section 78 section 78A(1)﻿(a) whether the communication or delivery or intended communication or intended delivery was or would have been, at the time of the alleged offence, likely to have prejudiced the security or defence of New Zealand.
2: It is a question of law, in the case of,—
a: an offence against section 78A(1)﻿(b) or (c)
b: the offence of conspiring to commit an offence against section 78A(1)﻿(b) or (c)
c: the offence of attempting to commit an offence against section 78A(1)﻿(b) or (c) whether the document would, by its unauthorised disclosure at the time of the alleged offence, have been likely to have prejudiced or to have prejudiced seriously, as the case may require, the security or defence of New Zealand.
3: Where the decision on any question of law to which this section applies depends on any questions of fact, the prosecutor or the defendant Section 78C inserted 1 July 1983 Crimes Amendment Act (No 2) 1982 Section 78C(3) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
78D: Search without warrant
Section 78D repealed 1 October 2012 section 325(4) Search and Surveillance Act 2012
79: Sabotage
1: Every one is liable to imprisonment for a term not exceeding 10 years who, with intent to prejudice the safety, security, or defence of New Zealand or the safety or security of the armed forces of any other country, lawfully present in New Zealand,—
a: impairs the efficiency or impedes the working of any ship, vehicle, aircraft, arms, munitions, equipment, machinery, apparatus, or atomic or nuclear plant; or
b: damages or destroys any property which it is necessary to keep intact for the safety or health of the public.
2: No person shall be convicted of an offence against this section by reason only of the fact that he or she takes part in any strike or lockout. Criminal Code (1954) s 52 (Canada) Offence of oath to commit offence Heading replaced 1 January 2008 section 4 Crimes (Repeal of Seditious Offences) Amendment Act 2007
80: Oath to commit offence
1: Every one is liable to imprisonment for a term not exceeding 5 years who—
a: administers or is present at and consenting to the administration of any oath or engagement purporting to bind the person taking the same to commit any offence; or
b: attempts to induce or compel any person to take any such oath or engagement; or
c: takes any such oath or engagement.
2: No one who has been acquitted or convicted of any offence against this section is liable to be afterwards tried for treason, or for being accessory after the fact to treason, in respect of the same matter. 1908 No 32 ss 115, 116
81: Seditious offences defined
Section 81 repealed 1 January 2008 section 5 Crimes (Repeal of Seditious Offences) Amendment Act 2007
82: Seditious conspiracy
Section 82 repealed 1 January 2008 section 5 Crimes (Repeal of Seditious Offences) Amendment Act 2007
83: Seditious statements
Section 83 repealed 1 January 2008 section 5 Crimes (Repeal of Seditious Offences) Amendment Act 2007
84: Publication of seditious documents
Section 84 repealed 1 January 2008 section 5 Crimes (Repeal of Seditious Offences) Amendment Act 2007
85: Use of apparatus for making seditious documents or statements
Section 85 repealed 1 January 2008 section 5 Crimes (Repeal of Seditious Offences) Amendment Act 2007 Unlawful assemblies, riots, and breaches of the peace
86: Unlawful assembly
1: An unlawful assembly is an assembly of 3 or more persons who, with intent to carry out any common purpose, assemble in such a manner, or so conduct themselves when assembled, as to cause persons in the neighbourhood of the assembly to fear, on reasonable grounds, that the persons so assembled—
a: will use violence against persons or property in that neighbourhood or elsewhere; or
b: will, by that assembly, needlessly and without reasonable cause provoke other persons to use violence against persons or property in that neighbourhood: provided that no one shall be deemed to provoke other persons needlessly and without reasonable cause by doing or saying anything that he or she is lawfully entitled to do or say.
2: Persons lawfully assembled may become an unlawful assembly if, with a common purpose, they conduct themselves in such a manner that their assembling would have been unlawful if they had assembled in that manner for that purpose.
3: An assembly of 3 or more persons for the purpose of protecting the house of any one of their number against persons threatening to break and enter that house in order to commit an offence
4: Every member of an unlawful assembly is liable to imprisonment for a term not exceeding 1 year. 1908 No 32 s 101 Section 86(1) replaced 1 January 1974 Crimes Amendment Act 1973 Section 86(3) amended 1 July 2013 section 7 Crimes Amendment Act 2013
87: Riot
1: A riot is a group of 6 or more persons who, acting together, are using violence against persons or property to the alarm of persons in the neighbourhood of that group.
2: Every member of a riot is liable to imprisonment for a term not exceeding 2 years. Section 87 replaced 12 March 1987 Crimes Amendment Act 1987
88: Reading the Riot Act
Section 88 repealed 12 March 1987 Crimes Amendment Act 1987
89: Failure of rioters to disperse
Section 89 repealed 12 March 1987 Crimes Amendment Act 1987
90: Riotous damage
Every one is liable to imprisonment for a term not exceeding 7 years who, being a member of a riot, unlawfully damages any property. Section 90 replaced 12 March 1987 Crimes Amendment Act 1987
91: Forcible entry and detainer
1: Every one commits forcible entry when, by force or in a manner that causes or is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, he or she enters on land that is in the actual and peaceable possession of another for the purpose of taking possession, whether or not he or she is entitled to enter.
2: Every one commits forcible detainer when, being in actual possession of land without claim of right
3: Whether there was actual possession, or claim of right
4: Every one who commits forcible entry or forcible detainer is liable to imprisonment for a term not exceeding 1 year. 1908 No 32 s 111 Section 91(2) amended 1 October 2003 section 6 Crimes Amendment Act 2003 Section 91(3) amended 1 October 2003 section 6 Crimes Amendment Act 2003 Piracy
92: Piracy
1: Every one who does any act amounting to piracy by the law of nations, whether that act is done within or outside New Zealand,—
a: shall upon conviction thereof be sentenced to imprisonment for life if, in committing piracy, he or she murders, attempts to murder, or does any act likely to endanger the life of any person:
b: is liable to imprisonment for a term not exceeding 14 years in any other case.
2: Any act that by the law of nations would amount to piracy if it had been done on the high seas on board or in relation to a ship shall be piracy for the purposes of this section if it is done on board or in relation to an aircraft, whether the aircraft is on or above the sea or is on or above the land. 1908 No 32 s 121
93: Piratical acts
1: Every one commits a piratical act who—
a: within New Zealand, or, being a New Zealand citizen or a person ordinarily resident in New Zealand, outside New Zealand, under pretence of any commission from any State other than New Zealand (whether or not that State is at war with New Zealand) or under pretence of authority from any person whatever, commits an act of hostility or robbery:
b: within or outside New Zealand, enters into any New Zealand ship and throws overboard or destroys any goods on board the ship:
c: within or outside New Zealand, on board any New Zealand ship—
i: turns enemy or rebel and piratically runs away with the ship or any boat, weapons, ammunition, or goods; or
ii: voluntarily yields up the ship or any boat, weapons, ammunition, or goods to any pirate; or
iii: counsels or procures any person to yield up or run away with any ship, goods, or merchandise, or to turn pirate or go over to pirates; or
iv: assaults the master or commander of any ship in order to prevent him or her from fighting in defence of his or her ship and goods; or
v: imprisons or restrains the master or commander of any ship; or
vi: makes or endeavours to make a revolt in the ship.
2: Subsection (1) shall extend and apply to aircraft as it applies to ships; and for the purposes of this subsection any reference in subsection (1) to the master or commander of any ship shall be read as a reference to the pilot in command of an aircraft. 1908 No 32 s 122
94: Punishment of piratical acts
Every one who commits any piratical act—
a: shall upon conviction thereof be sentenced to imprisonment for life if, in committing that act, he or she murders, attempts to murder, or does any act likely to endanger the life of any person:
b: is liable to imprisonment for a term not exceeding 14 years in any other case. 1908 No 32 ss 122, 123
95: Attempt to commit piracy
Every one is liable to imprisonment for a term not exceeding 14 years who, within or outside New Zealand, attempts to do any act amounting to piracy by the law of nations.
96: Conspiring to commit piracy
Every one is liable to imprisonment for a term not exceeding 10 years who, within or outside New Zealand, conspires with any other person to do any act amounting to piracy by the law of nations.
97: Accessory after the fact to piracy
Every one is liable to imprisonment for a term not exceeding 7 years who, within or outside New Zealand, is accessory after the fact to any act amounting to piracy by the law of nations. Slave dealing
98: Dealing in slaves
1: Every one is liable to imprisonment for a term not exceeding 14 years who, within or outside New Zealand,—
a: sells, purchases, transfers, barters, lets, hires, or in any way whatsoever deals with any person as a slave; or
b: employs or uses any person as a slave, or permits any person to be so employed or used; or
c: detains, confines, imprisons, carries away, removes, receives, transports, imports, or brings into any place whatsoever any person as a slave or to be dealt with as a slave; or
d: induces any person to sell, let, or give himself or herself, or any other person dependent on him or her or in his or her charge, as a slave; or
e: in any case not covered by paragraph (d), induces any person to sell, let, or give any other person into debt-bondage or serfdom; or
f: builds, fits out, sells, purchases, transfers, lets, hires, uses, provides with personnel, navigates, or serves on board any ship or aircraft for any of the purposes in paragraphs (a) to (e); or
g: for gain or reward gives in marriage or transfers any woman to another person without her consent; or
h: is a party to the inheritance by any person of a woman on the death of her husband; or
i: being a parent or guardian of any child under the age of 18 years, delivers that child to another person with intent that the child or his or her labour shall be exploited; or
j: agrees or offers to do any of the acts mentioned in this subsection.
2: For the purposes of this section— debt-bondage serfdom slave Slave Trade Act 1824 ss 2, 3, 10 (UK) Slave Trade Act 1843 s 1 (UK) Section 98(1)﻿(e) replaced 4 April 2001 section 3(1) Crimes Amendment Act 2001 Section 98(1)﻿(f) replaced 4 April 2001 section 3(1) Crimes Amendment Act 2001 Section 98(2) slave inserted 4 April 2001 section 3(2) Crimes Amendment Act 2001
98AA: Dealing in people under 18 for sexual exploitation, removal of body parts, or engagement in forced labour
1: Every one is liable to imprisonment for a term not exceeding 14 years who—
a: sells, buys, transfers, barters, rents, hires, or in any other way enters into a dealing involving a person under the age of 18 years for the purpose of—
i: the sexual exploitation of the person; or
ii: the removal of body parts from the person; or
iii: the engagement of the person in forced labour; or
b: engages a person under the age of 18 years in forced labour; or
c: permits a person under the age of 18 years to be engaged in forced labour; or
d: detains, confines, imprisons, or carries away a person under the age of 18 years for the purpose of—
i: the sexual exploitation of the person; or
ii: the removal of body parts from the person; or
iii: the engagement of the person in forced labour; or
e: removes, receives, transports, imports, or brings into any place a person under the age of 18 years for the purpose of—
i: the sexual exploitation of the person; or
ii: the removal of body parts from the person for a material benefit; or
iii: the engagement of the person in forced labour; or
f: induces a person under the age of 18 years to sell, rent, or give himself or herself for the purpose of—
i: the sexual exploitation of the person; or
ii: the removal of body parts from the person for a material benefit; or
iii: the engagement of the person in forced labour; or
g: induces a person to sell, rent, or give another person (being a person who is under the age of 18 years and who is dependent on him or her or in his or her charge) for the purpose of—
i: the sexual exploitation of the other person; or
ii: the removal of body parts from the other person; or
iii: the engagement of the other person in forced labour; or
h: builds, fits out, sells, buys, transfers, rents, hires, uses, provides with personnel, navigates, or serves on board a ship, aircraft, or other vehicle for the purpose of doing an act stated in any of paragraphs (a) to (g); or
i: agrees or offers to do an act stated in any of paragraphs (a) to (h).
2: It is a defence to a charge under this section if the person charged proves that he or she believed on reasonable grounds that the person under the age of 18 years concerned was of or over the age of 18 years.
3: For the purposes of subsection (1), sexual exploitation
a: the taking by any means, or transmission by any means, of still or moving images of the person engaged in explicit sexual activities (whether real or simulated):
b: the taking by any means or transmission by any means, for a material benefit, of still or moving images of the person's genitalia, anus, or breasts (not being an act described in subsection (4) or subsection (5)):
c: the person's participation in a performance or display (not being an act described in subsection (4)) that—
i: is undertaken for a material benefit; and
ii: involves the exposure of the person's genitalia, anus, or breasts:
d: the person's undertaking of an activity (for example, employment in a restaurant) that—
i: is undertaken for a material benefit; and
ii: involves the exposure of the person's genitalia, anus, or breasts.
4: For the purposes of paragraphs (b) and (c) of subsection (3), sexual exploitation
5: For the purposes of subsection (3)﻿(b), sexual exploitation
6: For the purposes of subsection (3)﻿(b), sexual exploitation
a: to provide medical or health education; or
b: to provide information relating to medical or health matters; or
c: to advertise a product, instrument, or service intended to be used for medical or health purposes.
7: The person under the age of 18 years in respect of whom an offence against this section was committed cannot be charged as a party to the offence.
8: This section does not limit or affect the generality of section 98 Section 98AA inserted 14 June 2006 section 6 Crimes Amendment Act 2005 Participation in organised criminal group Heading inserted 1 January 1998 section 2 Crimes Amendment Act (No 2) 1997 Section 98A amended 18 June 2002 section 5 Crimes Amendment Act 2002
98A: Participation in organised criminal group
1: Every person commits an offence and is liable to imprisonment for a term not exceeding 10 years who participates in an organised criminal group—
a: knowing that 3 or more people share any 1 or more of the objectives (the particular objective or particular objectives
b: either knowing that his or her conduct contributes, or being reckless as to whether his or her conduct may contribute, to the occurrence of any criminal activity; and
c: either knowing that the criminal activity contributes, or being reckless as to whether the criminal activity may contribute, to achieving the particular objective or particular objectives of the organised criminal group.
2: For the purposes of this Act, a group is an organised criminal group if it is a group of 3 or more people who have as their objective or one of their objectives—
a: obtaining material benefits from the commission of offences that are punishable by imprisonment for a term of 4 years or more; or
b: obtaining material benefits from conduct outside New Zealand that, if it occurred in New Zealand, would constitute the commission of offences that are punishable by imprisonment for a term of 4 years or more; or
c: the commission of serious violent offences
d: conduct outside New Zealand that, if it occurred in New Zealand, would constitute the commission of serious violent offences
3: A group of people is capable of being an organised criminal group for the purposes of this Act whether or not—
a: some of them are subordinates or employees of others; or
b: only some of the people involved in it at a particular time are involved in the planning, arrangement, or execution at that time of any particular action, activity, or transaction; or
c: its membership changes from time to time. Section 98A replaced 18 June 2002 section 5 Crimes Amendment Act 2002 Section 98A(1) replaced 1 December 2009 section 5(1) Crimes Amendment Act 2009 Section 98A(2)﻿(c) amended 18 April 2012 section 325(5) Search and Surveillance Act 2012 Section 98A(2)﻿(c) amended 1 December 2009 section 5(2) Crimes Amendment Act 2009 Section 98A(2)﻿(d) amended 18 April 2012 section 325(5) Search and Surveillance Act 2012 Section 98A(2)﻿(d) amended 1 December 2009 section 5(2) Crimes Amendment Act 2009 Smuggling and trafficking in people Heading inserted 18 June 2002 section 5 Crimes Amendment Act 2002
98B: Terms used in sections 98C to 98F
In sections 98C to 98F act of coercion against the person
a: abducting the person:
b: using force in respect of the person:
c: harming the person:
d: threatening the person (expressly or by implication) with the use of force in respect of, or the harming of, the person or some other person act of deception arranges for an unauthorised migrant to be brought to a State
a: organises or procures the bringing to a State:
b: recruits for bringing to a State:
c: carries to a State arranges for an unauthorised migrant to enter a State
a: organises or procures the entry into a State:
b: recruits for entry into a State:
c: carries into a State document
a: attached to a document; or
b: stamped or otherwise signified on a document harming of a person
a: causing physical, psychological, or financial harm to the person:
b: sexually mistreating the person:
c: causing harm to the person's reputation, status, or prospects unauthorised migrant Section 98B inserted 18 June 2002 section 5 Crimes Amendment Act 2002 Section 98B for a material benefit repealed 20 May 2005 section 3(3) Crimes Amendment Act 2005
98C: Smuggling migrants
1: Every one is liable to the penalty stated in subsection (3) who arranges for an unauthorised migrant to enter New Zealand or any other State, if he or she—
a: does so for a material benefit; and
b: either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant.
2: Every one is liable to the penalty stated in subsection (3) who arranges for an unauthorised migrant to be brought to New Zealand or any other State, if he or she—
a: does so for a material benefit; and
b: either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant; and
c: either—
i: knows that the person intends to try to enter the State; or
ii: is reckless as to whether the person intends to try to enter the State.
3: The penalty is imprisonment for a term not exceeding 20 years, a fine not exceeding $500,000, or both.
4: Proceedings may be brought under subsection (1) even if the unauthorised migrant did not in fact enter the State concerned.
5: Proceedings may be brought under subsection (2) even if the unauthorised migrant was not in fact brought to the State concerned. Section 98C inserted 18 June 2002 section 5 Crimes Amendment Act 2002
98D: Trafficking in persons
1: Every person is liable to the penalty stated in subsection (2) who arranges, organises, or procures—
a: the entry of a person into, or the exit of a person out of, New Zealand or any other State—
i: for the purpose of exploiting or facilitating the exploitation of the person; or
ii: knowing that the entry or exit of the person involves 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both; or
b: the reception, recruitment, transport, transfer, concealment, or harbouring of a person in New Zealand or any other State—
i: for the purpose of exploiting or facilitating the exploitation of the person; or
ii: knowing that the reception, recruitment, transport, transfer, concealment, or harbouring of the person involves 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both.
2: The penalty is imprisonment for a term not exceeding 20 years, a fine not exceeding $500,000, or both.
3: Proceedings may be brought under this section even if—
a: parts of the process by which the person was exploited, coerced, or deceived were accomplished without an act of exploitation, coercion, or deception:
b: the person exploited, coerced, or deceived—
i: did not in fact enter or exit the State concerned; or
ii: was not in fact received, recruited, transported, transferred, concealed, or harboured in the State concerned.
4: For the purposes of this section, exploit
a: prostitution or other sexual services:
b: slavery, practices similar to slavery, servitude, forced labour, or other forced services:
c: the removal of organs. Section 98D replaced 7 November 2015 section 5 Crimes Amendment Act 2015
98E: Aggravating factors
1: When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98C section 98D
a: whether bodily harm or death (whether to or of a person in respect of whom the offence was committed or some other person) occurred during the commission of the offence:
b: whether the offence was committed for the benefit of, at the direction of, or in association with, an organised criminal group (within the meaning of section 98A(2)
c: whether a person in respect of whom the offence was committed was subjected to inhuman or degrading treatment as a result of the commission of the offence:
d: if during the proceedings concerned the person was convicted of the same offence in respect of 2 or more people, the number of people in respect of whom the offence was committed.
2: When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98D
a: whether a person in respect of whom the offence was committed was subjected to exploitation (for example, sexual exploitation, a requirement to undertake forced labour, or the removal of organs) as a result of the commission of the offence:
b: the age of the person in respect of whom the offence was committed and, in particular, whether the person was under the age of 18 years:
c: whether the person convicted committed the offence, or took actions that were part of it, for a material benefit.
3: The examples in paragraph (a) of subsection (2) do not limit the generality of that paragraph.
4: This section does not limit the matters that a court may take into account when determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98C section 98D Section 98E inserted 18 June 2002 section 5 Crimes Amendment Act 2002
98F: Attorney-General's consent to prosecutions required
1: Proceedings for an offence against section 98C section 98D
2: A person alleged to have committed an offence against section 98C section 98D Section 98F inserted 18 June 2002 section 5 Crimes Amendment Act 2002
6: Crimes affecting the administration of law and justice
Bribery and corruption
99: Interpretation
In this Part, unless the context otherwise requires,— bribe judicial officer District Court Judge associate coroner, Justice of the Peace, or Community Magistrate law enforcement officer official section 10(7) 1908 No 32 ss 126, 127 Section 99 judicial officer amended 5 April 2023 section 36 Coroners Amendment Act 2023 Section 99 judicial officer amended 30 June 1998 section 4 Crimes Amendment Act (No 2) 1998 Section 99 judicial officer amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 99 official amended 1 August 2020 section 668 Education and Training Act 2020
100: Judicial corruption
1: Every judicial officer is liable to imprisonment for a term not exceeding 14 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in his or her judicial capacity.
2: Every judicial officer, and every Registrar or Deputy Registrar of any court, is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in his or her official capacity, not being an act or omission to which subsection (1) applies. 1908 No 32 ss 126(a), 127(a)
101: Bribery of judicial officer, etc
1: Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any judicial officer in respect of any act or omission by him or her in his or her judicial capacity.
2: Every one is liable to imprisonment for a term not exceeding 7 years 1908 No 32 ss 126(b), 127(b) Section 101(2) amended 3 May 2001 section 4 Crimes (Bribery of Foreign Public Officials) Amendment Act 2001
102: Corruption and bribery of Minister of the Crown
1: Every Minister of the Crown or member of the Executive Council is liable to imprisonment for a term not exceeding 14 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in his or her capacity as a Minister or member of the Executive Council.
2: Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any Minister of the Crown or member of the Executive Council in respect of any act or omission by him or her in his or her capacity as a Minister or member of the Executive Council.
3: No one shall be prosecuted for an offence against this section without the leave of a Judge of the High Court 1908 No 32 ss 128, 362 Section 102(3) amended 1 April 1980 section 12 Judicature Amendment Act 1979
103: Corruption and bribery of member of Parliament
1: Every member of Parliament is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in his or her capacity as a member of Parliament.
2: Every one is liable to imprisonment for a term not exceeding 7 years
3: No one shall be prosecuted for an offence against this section without the leave of a Judge of the High Court 1908 No 32 ss 128, 362 Section 103(2) amended 3 May 2001 section 5 Crimes (Bribery of Foreign Public Officials) Amendment Act 2001 Section 103(3) amended 1 April 1980 section 12 Judicature Amendment Act 1979
104: Corruption and bribery of law enforcement officer
1: Every law enforcement officer is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in his or her official capacity.
2: Every one is liable to imprisonment for a term not exceeding 7 years 1908 No 32 s 127 Section 104(2) amended 3 May 2001 section 6 Crimes (Bribery of Foreign Public Officials) Amendment Act 2001
105: Corruption and bribery of official
1: Every official is liable to imprisonment for a term not exceeding 7 years who, whether within New Zealand or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or herself or any other person in respect of any act done or omitted, or to be done or omitted, by him or her in his or her official capacity.
2: Every one is liable to imprisonment for a term not exceeding 7 years Criminal Code (1954) s 102 (Canada) Section 105(2) amended 3 May 2001 section 7 Crimes (Bribery of Foreign Public Officials) Amendment Act 2001
105A: Corrupt use of official information
Every official is liable to imprisonment for a term not exceeding 7 years who, whether within New Zealand or elsewhere, corruptly uses or discloses Section 105A inserted 1 July 1983 Crimes Amendment Act (No 2) 1982 Section 105A amended 1 July 1993 Crimes Amendment Act 1993
105B: Use or disclosure of personal information disclosed in breach of section 105A
1: Every person is liable to imprisonment for a term not exceeding 7 years who,—
a: having received personal information (being information that comes into that person's possession as a result of the commission of an offence against section 105A
b: knowing that the information has been disclosed in contravention of that section,— uses or discloses that information to obtain, directly or indirectly, an advantage or pecuniary gain for that person or any other person.
2: It is a defence to a charge under this section if the person charged proves that the person was legally authorised to use or disclose the information.
3: In this section, the term personal information Section 105B inserted 1 July 1993 Crimes Amendment Act 1993
105C: Bribery of foreign public official
1: In this section and in sections 105D 105E benefit business employee foreign country
a: a territory for whose international relations the Government of a foreign country is responsible; and
b: an organised foreign area or entity including an autonomous territory or a separate Customs territory foreign government foreign public agency foreign public enterprise
a: a company, wherever incorporated, that—
i: a foreign government is able to control or dominate (whether by reason of its ownership of shares in the company, its voting powers in the company, or its ability to appoint 1 or more directors (however described), or by reason that the directors (however described) are accustomed or under an obligation to act in accordance with the directions of that government, or otherwise); and
ii: enjoys subsidies or other privileges that are enjoyed only by companies, persons, or bodies to which subparagraph (i) or paragraph (b)﻿(i) apply; or
b: a person or body (other than a company), wherever situated, that—
i: a foreign government is able to control or dominate (whether by reason of its ability to appoint the person or 1 or more members of the body, or by reason that the person or members of the body are accustomed or under an obligation to act in accordance with the directions of that government, or otherwise); and
ii: enjoys subsidies or other privileges that are enjoyed only by companies, persons, or bodies to which subparagraph (i) or paragraph (a)﻿(i) apply foreign public official
a: a member or officer of the executive, judiciary, or legislature of a foreign country:
b: a person who is employed by a foreign government, foreign public agency, foreign public enterprise, or public international organisation:
c: a person, while acting in the service of or purporting to act in the service of a foreign government, foreign public agency, foreign public enterprise, or public international organisation public international organisation
a: an organisation of which 2 or more countries or 2 or more governments are members, or represented on the organisation:
b: an organisation constituted by an organisation to which paragraph (a) applies or by persons representing 2 or more such organisations:
c: an organisation constituted by persons representing 2 or more countries or 2 or more governments:
d: an organisation that is part of an organisation referred to in any of paragraphs (a) to (c) routine government action
a: any decision about—
i: whether to award new business; or
ii: whether to continue existing business with any particular person or body; or
iii: the terms of new business or existing business; or
b: any action that is outside the scope of the ordinary duties of that official ; or
c: any action that provides—
i: an undue material benefit to a person who makes a payment; or
ii: an undue material disadvantage to any other person.
2: Every person commits an offence
a: obtain or retain business; or
b: obtain any improper advantage in the conduct of business.
2A: A body corporate or corporation sole commits an offence against subsection (2) if—
a: an employee of the body corporate or corporation sole does an act that would constitute an offence under subsection (2); and
b: the employee does the act, in whole or in part, with the intent to benefit the body corporate or corporation sole; and
c: the employee, in doing the act, is acting within the scope of their authority as an employee of the body corporate or corporation sole.
2B: A body corporate or corporation sole does not commit an offence under subsection (2) if it has taken reasonable steps to prevent the offence.
2C: If a body corporate or corporation sole is charged with an offence under subsection (2), it is to be presumed, unless the body corporate or corporation sole puts the matter at issue, that it did not take reasonable steps.
2D: Every person who commits an offence against this section is liable to imprisonment for a term not exceeding 7 years, or a fine, or both.
2E: A fine imposed under subsection (2D) cannot exceed the greater of—
a: $5 million; or
b: if a court is satisfied that an offence occurred in the course of producing a commercial gain, and if the value of that commercial gain can be readily ascertained, 3 times the value of that commercial gain.
3: This section does not apply if—
a: the act that is alleged to constitute the offence was committed for the sole or primary purpose of ensuring or expediting the performance by a foreign public official of a routine government action; and
b: the value of the benefit is small.
4: Subsections (2A), (2B), and (2C)—
a: apply only in respect of offences under subsection (2) and section 105D
b: do not preclude the liability of a body corporate or corporation sole under any other provision of this Act. Section 105C inserted 3 May 2001 section 8 Crimes (Bribery of Foreign Public Officials) Amendment Act 2001 Section 105C(1) business inserted 7 November 2015 section 6(1) Crimes Amendment Act 2015 Section 105C(1) employee inserted 7 November 2015 section 6(1) Crimes Amendment Act 2015 Section 105C(1) routine government action amended 7 November 2015 section 6(2) Crimes Amendment Act 2015 Section 105C(1) routine government action inserted 7 November 2015 section 6(3) Crimes Amendment Act 2015 Section 105C(2) amended 7 November 2015 section 6(4) Crimes Amendment Act 2015 Section 105C(2A) inserted 7 November 2015 section 6(5) Crimes Amendment Act 2015 Section 105C(2B) inserted 7 November 2015 section 6(5) Crimes Amendment Act 2015 Section 105C(2C) inserted 7 November 2015 section 6(5) Crimes Amendment Act 2015 Section 105C(2D) inserted 7 November 2015 section 6(5) Crimes Amendment Act 2015 Section 105C(2E) inserted 7 November 2015 section 6(5) Crimes Amendment Act 2015 Section 105C(4) replaced 7 November 2015 section 6(6) Crimes Amendment Act 2015
105D: Bribery outside New Zealand of foreign public official
1: Every one commits an offence who, being a person described in subsection (2), does, outside New Zealand, any act that would, if done in New Zealand, constitute an offence against section 105C
2: Subsection (1) applies to a person who is—
a: a New Zealand citizen; or
b: ordinarily resident in New Zealand; or
c: a body corporate incorporated in New Zealand; or
d: a corporation sole incorporated in New Zealand.
3: Every one who commits an offence against this section is liable to the same penalty to which the person would have been liable if the person had been convicted of an offence against section 105C
4: Section 105D inserted 3 May 2001 section 8 Crimes (Bribery of Foreign Public Officials) Amendment Act 2001 Section 105D(4) repealed 7 November 2015 section 7 Crimes Amendment Act 2015
105E: Corruption of foreign public officials
1: Every person specified in subsection (2) who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for that person or another person in respect of any act or omission by an official in the official's official capacity (whether or not the act or omission is within the scope of the official's authority) is liable to imprisonment for a term not exceeding 7 years.
2: Subsection (1) applies to—
a: any foreign public official who has committed the offence while in New Zealand:
b: any person employed as a foreign public official who has committed the offence while outside New Zealand if the person is—
i: a New Zealand citizen; or
ii: ordinarily resident in New Zealand; or
iii: a body corporate incorporated in New Zealand; or
iv: a corporation sole incorporated in New Zealand.
3: Nothing in this section limits any immunity that a foreign public official or person has under this Act or any other enactment. Section 105E replaced 7 November 2015 section 8 Crimes Amendment Act 2015
105F: Trading in influence
Every person is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for that person or another person with intent to influence an official in respect of any act or omission by that official in the official's official capacity (whether or not the act or omission is within the scope of the official's authority). Section 105F inserted 7 November 2015 section 8 Crimes Amendment Act 2015
106: Restrictions on prosecution
1: No one shall be prosecuted for an offence against any of the provisions of sections 100 101 104 105 105A 105B 105C 105D 105E 105F
2: No Judge who holds his or her office subject to a power of removal by the Sovereign on an address of the House of Representatives shall be prosecuted for any such offence except by the Attorney-General in pursuance of a resolution of that House. 1908 No 32 s 361 Section 106(1) amended 7 November 2015 section 9 Crimes Amendment Act 2015 Section 106(1) amended 3 May 2001 section 9 Crimes (Bribery of Foreign Public Officials) Amendment Act 2001 Section 106(1) amended 1 July 1993 Crimes Amendment Act 1993 Section 106(1) amended 1 July 1983 Crimes Amendment Act (No 2) 1982 Contravention of statute
107: Contravention of statute
1: Every one is liable to imprisonment for a term not exceeding 1 year who, without lawful excuse, contravenes any enactment by wilfully doing any act which it forbids, or by wilfully omitting to do any act which it requires to be done, unless—
a: some penalty or punishment is expressly provided by law in respect of such contravention as aforesaid; or
b: in the case of any such contravention in respect of which no penalty or punishment is so provided, the act forbidden or required to be done is solely of an administrative or a ministerial or procedural nature, or it is otherwise inconsistent with the intent and object of the enactment, or with its context, that the contravention should be regarded as an offence.
2: Nothing in subsection (1) applies to any contravention of any Imperial enactment or Imperial subordinate legislation that is part of the laws of New Zealand, or to any omission to do any act which any such Imperial enactment or Imperial subordinate legislation requires to be done.
3: In subsection (2), the terms Imperial enactment Imperial subordinate legislation section 2 1908 No 32 s 129 Section 107(2) inserted 1 January 1989 Crimes Amendment Act 1988 Section 107(3) inserted 1 January 1989 Crimes Amendment Act 1988 Misleading justice
108: Perjury defined
1: Perjury is an assertion as to a matter of fact, opinion, belief, or knowledge made by a witness in a judicial proceeding as part of his or her evidence on oath, whether the evidence is given in open court or by affidavit or otherwise, that assertion being known to the witness to be false and being intended by him or her to mislead the tribunal holding the proceeding.
2: In this section the term oath section 13
3: Every person is a witness within the meaning of this section who actually gives evidence, whether he or she is competent to be a witness or not, and whether his or her evidence is admissible or not.
4: Every proceeding is judicial within the meaning of this section if it is held before any of the following tribunals, namely:
a: any court of justice:
b: the House of Representatives or any Committee of that House:
c: any arbitrator or umpire, or any person or body of persons authorised by law to make an inquiry and take evidence therein upon oath:
d: any legal tribunal by which any legal right or liability can be established:
e: any person acting as a court or tribunal having power to hold a judicial proceeding:
f: a disciplinary officer, the Summary Appeal Court of New Zealand, or the Court Martial of New Zealand acting under the Armed Forces Discipline Act 1971
5: Every such proceeding is judicial within the meaning of this section whether the tribunal was duly constituted or appointed or not, and whether the proceeding was duly instituted or not, and whether the proceeding was invalid or not. 1908 No 32 s 130 Section 108(4)﻿(f) replaced 1 July 2009 section 81 Armed Forces Discipline Amendment Act (No 2) 2007
109: Punishment of perjury
1: Except as provided in subsection (2), every one is liable to imprisonment for a term not exceeding 7 years who commits perjury.
2: If perjury is committed in order to procure the conviction of a person 1908 No 32 s 131 Section 109(2) amended 26 December 1989 section 3(3) Abolition of the Death Penalty Act 1989
110: False oaths
Every one is liable to imprisonment for a term not exceeding 5 years who, being required or authorised by law to make any statement on oath or affirmation, thereupon makes a statement that would amount to perjury if made in a judicial proceeding. 1908 No 32 s 132
111: False statements or declarations
Every one is liable to imprisonment for a term not exceeding 3 years who, on any occasion on which he is required or permitted by law to make any statement or declaration before any officer or person authorised by law to take or receive it, or before any notary public to be certified by him as such notary, makes a statement or declaration that would amount to perjury if made on oath in a judicial proceeding. 1908 No 32 s 133
112: Evidence of perjury, false oath, or false statement
No one shall be convicted of perjury, or of any offence against section 110 section 111 defendant 1908 No 32 s 134 Section 112 amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
113: Fabricating evidence
Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to mislead any tribunal holding any judicial proceeding to which section 108 1908 No 32 s 135
114: Use of purported affidavit or declaration
Every one is liable to imprisonment for a term not exceeding 3 years who—
a: signs a writing that purports to be an affidavit sworn before him or her or a statutory declaration taken by him or her, when the writing was not so sworn or taken, or when he or she knows that he or she has no authority to administer that oath or take that declaration; or
b: uses or offers for use any writing purporting to be an affidavit or statutory declaration that he or she knows was not sworn or made, as the case may be, by the deponent or before a person authorised to administer that oath or take that declaration. Criminal Code (1954) s 118 (Canada)
115: Conspiring to bring false accusation
Every one who conspires to prosecute any person for any alleged offence, knowing that person to be innocent thereof, is liable—
a: to imprisonment for a term not exceeding 14 years if that person might, on conviction of the alleged offence, be sentenced
b: to imprisonment for a term not exceeding 7 years if that person might, on conviction of the alleged offence, be sentenced to imprisonment for a term less than 3 years. 1908 No 32 s 136 Section 115(a) amended 26 December 1989 section 3(4) Abolition of the Death Penalty Act 1989
116: Conspiring to defeat justice
Every one is liable to imprisonment for a term not exceeding 7 years who conspires to obstruct, prevent, pervert, or defeat the course of justice in New Zealand or the course of justice in an overseas jurisdiction 1908 No 32 s 137 Section 116 amended 18 June 2002 section 6(1) Crimes Amendment Act 2002
117: Corrupting juries and witnesses
Every one is liable to imprisonment for a term not exceeding 7 years who—
a: dissuades or attempts to dissuade a person, by threats, bribes, or other corrupt means, from giving evidence in any cause or matter (whether civil or criminal, and whether tried or to be tried in New Zealand or in an overseas jurisdiction); or
b: influences or attempts to influence, by threats or bribes or other corrupt means, a member of a jury in his or her conduct as such (whether in a cause or matter tried or to be tried in New Zealand or in an overseas jurisdiction, and whether the member has been sworn as a member of a particular jury or not); or
c: accepts any bribe or other corrupt consideration to abstain from giving evidence (whether in a cause or matter tried or to be tried in New Zealand or in an overseas jurisdiction); or
d: accepts any bribe or other corrupt consideration on account of his or her conduct as a member of a jury (whether in a cause or matter tried or to be tried in New Zealand or in an overseas jurisdiction, and whether the member has been sworn as a member of a particular jury or not); or
e: wilfully attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice in New Zealand or the course of justice in an overseas jurisdiction. Section 117 replaced 18 June 2002 section 7(1) Crimes Amendment Act 2002 Escapes and rescues
118: Assisting escape of prisoners of war or internees
Every one is liable to imprisonment for a term not exceeding 7 years who knowingly and wilfully—
a: assists any prisoner of war detained in New Zealand, or any person interned in New Zealand, to escape from any place in which he or she is for the time being detained; or
b: assists any such prisoner or person as aforesaid, suffered to be at large on his or her parole in New Zealand, to escape from the place where he or she is at large on his or her parole. 1908 No 32 s 140
119: Breaking
prison Every one is liable to imprisonment for a term not exceeding 7 years who by force or violence breaks any prison 1908 No 32 s 141 1954 No 51 Schedule 1 Section 119 heading amended 1 June 2005 section 206 Corrections Act 2004 Section 119 amended 1 June 2005 section 206 Corrections Act 2004
120: Escape from lawful custody
1: Every one is liable to imprisonment for a term not exceeding 5 years who,—
a: having been convicted of an offence, escapes from any lawful custody in which he or she may be under the conviction; or
b: whether convicted or not, escapes from any prison
ba: being subject to an order or direction made under any of sections 38 42 44 section 169
bb: being subject to a public protection order made under the Public Safety (Public Protection Orders) Act 2014
c: being in lawful custody otherwise than aforesaid, escapes from such custody.
2: For the purposes of this section, custody under an illegal warrant or other irregular process shall be deemed to be lawful. 1908 No 32 ss 142, 143, 147(2) 1954 No 51 Schedule 1 Section 120(1)﻿(b) amended 1 June 2005 section 206 Corrections Act 2004 Section 120(1)﻿(ba) replaced 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 120(1)﻿(ba) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 120(1)﻿(bb) inserted 12 December 2014 section 141(2) Public Safety (Public Protection Orders) Act 2014
121: Assisting escape from lawful custody
1: Every one is liable to imprisonment for a term not exceeding 7 years who—
a: rescues any person from lawful custody, whether in a prison
b: assists any person in escaping or attempting to escape from lawful custody, whether in a prison
c: with intent to facilitate the escape of any person lawfully detained in a prison prison
2: Every one is liable to imprisonment for a term not exceeding 7 years who—
a: being a constable who has any person in his or her lawful custody, voluntarily and intentionally permits that person to escape from such custody:
aa: being a security officer (within the meaning of section 3(1)
b: being an officer of a prison prison
3: Every one is liable to imprisonment for a term not exceeding 1 year who, by failing to perform any legal duty, permits any person in his or her lawful custody to escape.
4: For the purposes of this section, custody under an irregular warrant or other irregular process shall be deemed to be lawful. 1908 No 32 ss 144, 145, 146, 147, 149 1954 No 51 Schedule 1 Section 121(1)﻿(a) amended 1 June 2005 section 206 Corrections Act 2004 Section 121(1)﻿(b) amended 1 June 2005 section 206 Corrections Act 2004 Section 121(1)﻿(c) amended 1 June 2005 section 206 Corrections Act 2004 Section 121(2)﻿(aa) inserted 1 March 1995 Penal Institutions Amendment Act 1994 Section 121(2)﻿(aa) amended 1 June 2005 section 206 Corrections Act 2004 Section 121(2)﻿(b) amended 1 June 2005 section 206 Corrections Act 2004
122: Assisting escape of mentally impaired person detained for offence
Every one is liable to imprisonment for a term not exceeding 5 years who—
a: rescues any person who is ordered to be detained as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
b: being a constable, an officer of a prison section 3(1) Mental Health (Compulsory Assessment and Treatment) Act 1992 Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 Section 122 replaced 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 122(b) amended 1 June 2005 section 206 Corrections Act 2004
7: Crimes against morality and decency, sexual crimes, and crimes against public welfare
Part 7 heading replaced 12 March 2019 section 13 Crimes Amendment Act 2019 Crime against religion Heading repealed 12 March 2019 section 13 Crimes Amendment Act 2019
123: Blasphemous libel
Section 123 repealed 12 March 2019 section 5 Crimes Amendment Act 2019 Crimes against morality and decency
124: Distribution or exhibition of indecent matter
1: Every one is liable to imprisonment for a term not exceeding 2 years who, without lawful justification or excuse,—
a: sells, exposes for sale, or otherwise distributes to the public any indecent model or object; or
b: exhibits or presents in or within view of any place to which the public have or are permitted to have access any indecent object or indecent show or performance ; or
c: exhibits or presents in the presence of any person in consideration or expectation of any payment or otherwise for gain, any indecent show or performance.
2: It is a defence to a charge under this section to prove that the public good was served by the acts alleged to have been done.
3: It is a question of law whether the sale, exposure for sale, distribution, exhibition, or presentation might in the circumstances serve the public good, and whether there is evidence of excess beyond what the public good requires; but it is a question of fact whether or not the acts complained of did so serve the public good and whether or not there was such excess.
4: It is no defence that the person charged did not know that the model, object, show, or performance to which the charge relates was indecent, unless that person also satisfies the court—
a: that he or she had no reasonable opportunity of knowing it; and
b: that in the circumstances his or her ignorance was excusable.
5: No private prosecution (as defined in section 5
6: Nothing in this section shall apply to any publication within the meaning of the Films, Videos, and Publications Classification Act 1993
7: 1908 No 32 s 157 Section 124(1)﻿(b) amended 1 January 1967 Crimes Amendment Act 1966 Section 124(1)﻿(c) inserted 1 January 1967 Crimes Amendment Act 1966 Section 124(5) replaced 7 May 2015 section 4 Crimes (Indecency) Amendment Act 2015 Section 124(6) replaced 1 October 1994 section 150(1) Films, Videos, and Publications Classification Act 1993 Section 124(7) repealed 1 October 1994 section 150(1) Films, Videos, and Publications Classification Act 1993
124A: Indecent communication with young person under 16
1: A person of or over the age of 16 years is liable to imprisonment for a term not exceeding 3 years if he or she intentionally exposes a person under the age of 16 years (the young person
2: A reference in subsection (1) to a person under the age of 16 years, or to the young person, includes a reference to a constable (as defined in section 2(1) fictitious young person
3: It is a defence to a charge under subsection (1) if the person charged proves that,—
a: before communicating with the young person and exposing the young person to the indecent material, the person charged had taken reasonable steps to find out whether the young person was of or over the age of 16 years; and
b: at the time of communicating with the young person and exposing the young person to the indecent material, the person charged believed on reasonable grounds that the young person was of or over the age of 16 years.
4: It is no defence to a charge under subsection (1) that the person charged did not know that the material to which the charge relates was indecent, unless the person charged also proves—
a: that the person charged had no reasonable opportunity of knowing it; and
b: that in the circumstances the ignorance of the person charged was excusable.
5: No private prosecution (as defined in section 5 Sexual Offences (Scotland) Act 2009, s 24 Section 124A inserted 7 May 2015 section 5 Crimes (Indecency) Amendment Act 2015
125: Indecent act in public place
1: Every one is liable to imprisonment for a term not exceeding 2 years who wilfully does any indecent act in any place to which the public have or are permitted to have access, or within view of any such place.
2: It is a defence to a charge under this section if the person charged proves that he or she had reasonable grounds for believing that he or she would not be observed.
3: For the purposes of this section, the term place 1908 No 32 s 156(a)
126: Indecent act with intent to insult or offend
Every one is liable to imprisonment for a term not exceeding 2 years who with intent to insult or offend any person does any indecent act in any place. 1908 No 32 s 156(b) Sexual crimes
127: No presumption because of age
There is no presumption of law that a person is incapable of sexual connection because of his or her age. Section 127 replaced 20 May 2005 section 7 Crimes Amendment Act 2005
128: Sexual violation defined
1: Sexual violation is the act of a person who—
a: rapes another person; or
b: has unlawful sexual connection with another person.
2: Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B's genitalia by person A's penis,—
a: without person B's consent to the connection; and
b: without believing on reasonable grounds that person B consents to the connection.
3: Person A has unlawful sexual connection with person B if person A has sexual connection with person B—
a: without person B's consent to the connection; and
b: without believing on reasonable grounds that person B consents to the connection.
4: One person may be convicted of the sexual violation of another person at a time when they were married to each other. Section 128 replaced 20 May 2005 section 7 Crimes Amendment Act 2005
128A: Allowing sexual activity does not amount to consent in some circumstances
1: A person does not consent to sexual activity just because he or she does not protest or offer physical resistance to the activity.
2: A person does not consent to sexual activity if he or she allows the activity because of—
a: force applied to him or her or some other person; or
b: the threat (express or implied) of the application of force to him or her or some other person; or
c: the fear of the application of force to him or her or some other person.
3: A person does not consent to sexual activity if the activity occurs while he or she is asleep or unconscious.
4: A person does not consent to sexual activity if the activity occurs while he or she is so affected by alcohol or some other drug that he or she cannot consent or refuse to consent to the activity.
5: A person does not consent to sexual activity if the activity occurs while he or she is affected by an intellectual, mental, or physical condition or impairment of such a nature and degree that he or she cannot consent or refuse to consent to the activity.
6: One person does not consent to sexual activity with another person if he or she allows the sexual activity because he or she is mistaken about who the other person is.
7: A person does not consent to an act of sexual activity if he or she allows the act because he or she is mistaken about its nature and quality.
8: This section does not limit the circumstances in which a person does not consent to sexual activity.
9: For the purposes of this section,— allows sexual activity
a: sexual connection with the person; or
b: the doing on the person of an indecent act that, without the person's consent, would be an indecent assault of the person. Section 128A replaced 20 May 2005 section 7 Crimes Amendment Act 2005
128B: Sexual violation
1: Every one who commits sexual violation is liable to imprisonment for a term not exceeding 20 years.
2: A person convicted of sexual violation must be sentenced to imprisonment unless, having regard to the matters stated in subsection (3), the court thinks that the person should not be sentenced to imprisonment.
3: The matters are—
a: the particular circumstances of the person convicted; and
b: the particular circumstances of the offence, including the nature of the conduct constituting it. Section 128B replaced 20 May 2005 section 7 Crimes Amendment Act 2005
129: Attempted sexual violation and assault with intent to commit sexual violation
1: Every one who attempts to commit sexual violation is liable to imprisonment for a term not exceeding 10 years.
2: Every one who assaults another person with intent to commit sexual violation of the other person is liable to imprisonment for a term not exceeding 10 years. Section 129 replaced 20 May 2005 section 7 Crimes Amendment Act 2005
129A: Sexual conduct with consent induced by certain threats
1: Every one who has sexual connection with another person knowing that the other person has been induced to consent to the connection by threat is liable to imprisonment for a term not exceeding 14 years.
2: Every one who does an indecent act on another person knowing that the other person has been induced to consent to the act by threat is liable to imprisonment for a term not exceeding 5 years.
3: For the purposes of subsection (1), a person who has sexual connection with another person knows that the other person has been induced to consent to the sexual connection by threat if (and only if) he or she knows that the other person has been induced to consent to the sexual connection by an express or implied threat of a kind described in subsection (5).
4: For the purposes of subsection (2),—
a: a person who does an indecent act on another person knows that the other person has been induced to consent to the act by threat if (and only if) he or she knows that the other person has been induced to consent to the act by an express or implied threat of a kind described in subsection (5); and
b: a person is induced to consent to an indecent act whether—
i: he or she is induced to consent to the doing of an indecent act with or on him or her; or
ii: he or she is induced to consent to do an indecent act himself or herself.
5: The kinds of threat referred to in subsections (3) and (4)﻿(a) are—
a: a threat that the person making the threat or some other person will commit an offence that—
i: is punishable by imprisonment; but
ii: does not involve the actual or threatened application of force to any person; and
b: a threat that the person making the threat or some other person will make an accusation or disclosure (whether true or false) about misconduct by any person (whether living or dead) that is likely to damage seriously the reputation of the person against or about whom the accusation or disclosure is made; and
c: a threat that the person making the threat will make improper use, to the detriment of the person consenting, of a power or authority arising out of—
i: an occupational or vocational position held by the person making the threat; or
ii: a commercial relationship existing between the person making the threat and the person consenting. Section 129A replaced 20 May 2005 section 7 Crimes Amendment Act 2005
130: Incest
1: Sexual connection is incest if—
a: it is between 2 people whose relationship is that of parent and child, siblings, half-siblings, or grandparent and grandchild; and
b: the person charged knows of the relationship.
2: Every one of or over the age of 16 years who commits incest is liable to imprisonment for a term not exceeding 10 years. Section 130 replaced 20 May 2005 section 7 Crimes Amendment Act 2005
131: Sexual conduct with dependent family member
1: Every one is liable to imprisonment for a term not exceeding 7 years who has sexual connection with a dependent family member under the age of 18 years.
2: Every one is liable to imprisonment for a term not exceeding 7 years who attempts to have sexual connection with a dependent family member under the age of 18 years.
3: Every one is liable to imprisonment for a term not exceeding 3 years who does an indecent act on a dependent family member under the age of 18 years.
4: The dependent family member cannot be charged as a party to the offence.
5: It is not a defence to a charge under this section that the dependent family member consented. Section 131 replaced 20 May 2005 section 7 Crimes Amendment Act 2005
131A: Dependent family member defined
1: For the purposes of section 131
a: if the other person has power or authority over him or her, and is—
i: his or her parent, step-parent, foster parent, guardian, uncle, or aunt; or
ii: a parent, step-parent, or foster parent of a person described in subparagraph (i); or
iii: a child of his or her parent or step-parent; or
iv: the spouse or de facto partner of a person described in subparagraph (i) or subparagraph (ii) or subparagraph (iii); or
b: if they are members of the same family, whanau, or other culturally recognised family group, and the other person—
i: is not a person referred to in paragraph (a); but
ii: has a responsibility for, or significant role in, his or her care or upbringing; or
c: if he or she is living with the other person as a member of the other person's family, and the other person is not a person referred to in paragraph (a), but has—
i: power or authority over him or her; and
ii: a responsibility for, or significant role in, his or her care or upbringing.
2: In subsection (1),— aunt foster parent guardian
a: means guardian by virtue of the Guardianship Act 1968 Oranga Tamariki Act 1989
b: includes a former guardian step-parent uncle Section 131A inserted 20 May 2005 section 7 Crimes Amendment Act 2005 Section 131A(2) guardian amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
131AB: Grooming for sexual conduct with young person
1: A person aged 18 years or over is liable to imprisonment for a term not exceeding 3 years, if—
a: they communicate by words or conduct with a person under the age of 16 years (the young person
b: they do so intending to facilitate the young person engaging or being involved in conduct that would be an offence against this Part, or against any of paragraphs (a)﻿(i), (d)﻿(i), (e)﻿(i), or (f)﻿(i) of section 98AA(1)
2: It is immaterial whether or not a response is made to the communication by the young person.
3: A reference in this section to a young person under the age of 16 years or the young person includes a reference to a constable who pretends to be a young person under the age of 16 years (the fictitious young person
4: It is a defence to a charge under subsection (1) if the person charged proves that,—
a: before the time they took the action concerned, they had taken reasonable steps to find out whether the young person was of or over the age of 16 years; and
b: at the time they took the action concerned, they believed on reasonable grounds that the young person was of or over the age of 16 years. Section 131AB inserted 13 April 2023 section 4 Crimes (Child Exploitation Offences) Amendment Act 2023
131B: Meeting young person
1: Every person is liable to imprisonment for a term not exceeding 7 years if,—
a: having met or communicated with a person under the age of 16 years (the young person
i: intentionally meets the young person:
ii: travels with the intention of meeting the young person:
iii: arranges for or persuades the young person to travel with the intention of meeting him or her; and
b: at the time of taking the action, he or she intends—
i: to take in respect of the young person an action that, if taken in New Zealand, would be an offence against this Part, or against any of paragraphs (a)﻿(i), (d)﻿(i), (e)﻿(i), (f)﻿(i), of section 98AA(1)
ii: that the young person should do on him or her an act the doing of which would, if he or she permitted it to be done in New Zealand, be an offence against this Part on his or her part.
1A: A reference in this section to a young person under the age of 16 years or the young person includes a reference to a constable who pretends to be a young person under the age of 16 years (the fictitious young person
2: It is a defence to a charge under subsection (1) if the person charged proves that,—
a: before the time he or she took the action concerned, he or she had taken reasonable steps to find out whether the young person was of or over the age of 16 years; and
b: at the time he or she took the action concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years. Section 131B inserted 20 May 2005 section 7 Crimes Amendment Act 2005 Section 131B heading amended 19 March 2012 section 5(1) Crimes Amendment Act (No 3) 2011 Section 131B(1A) inserted 19 March 2012 section 5(2) Crimes Amendment Act (No 3) 2011
132: Sexual conduct with child under 12
1: Every one who has sexual connection with a child is liable to imprisonment for a term not exceeding 14 years.
2: Every one who attempts to have sexual connection with a child is liable to imprisonment for a term not exceeding 10 years.
3: Every one who does an indecent act on a child is liable to imprisonment for a term not exceeding 10 years.
4: It is not a defence to a charge under this section that the person charged believed that the child was of or over the age of 12 years.
5: It is not a defence to a charge under this section that the child consented.
6: In this section,—
a: child
b: doing an indecent act on a child includes indecently assaulting the child. Section 132 replaced 20 May 2005 section 7 Crimes Amendment Act 2005
133: Indecency with girl under 12
Section 133 repealed 20 May 2005 section 7 Crimes Amendment Act 2005
134: Sexual conduct with young person under 16
1: Every one who has sexual connection with a young person is liable to imprisonment for a term not exceeding 10 years.
2: Every one who attempts to have sexual connection with a young person is liable to imprisonment for a term not exceeding 10 years.
3: Every one who does an indecent act on a young person is liable to imprisonment for a term not exceeding 7 years.
4: No person can be convicted of a charge under this section if he or she was married to the young person concerned at the time of the sexual connection or indecent act concerned.
5: The young person in respect of whom an offence against this section was committed cannot be charged as a party to the offence if the person who committed the offence was of or over the age of 16 years when the offence was committed.
6: In this section,—
a: young person
b: doing an indecent act on a young person includes indecently assaulting the young person. Section 134 replaced 20 May 2005 section 7 Crimes Amendment Act 2005
134A: Defence to charge under section 134
1: It is a defence to a charge under section 134
a: before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years; and
b: at the time of the act concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years; and
c: the young person consented.
2: Except to the extent provided in subsection (1),—
a: it is not a defence to a charge under section 134
b: it is not a defence to a charge under section 134 Section 134A inserted 20 May 2005 section 7 Crimes Amendment Act 2005
135: Indecent assault
Every one is liable to imprisonment for a term not exceeding 7 years who indecently assaults another person. Section 135 replaced 20 May 2005 section 7 Crimes Amendment Act 2005
136: Conspiracy to induce sexual intercourse
Section 136 repealed 20 May 2005 section 7 Crimes Amendment Act 2005
137: Inducing sexual intercourse under pretence of marriage
Section 137 repealed 20 May 2005 section 7 Crimes Amendment Act 2005
138: Sexual exploitation of person with significant impairment
1: Every one is liable to imprisonment for a term not exceeding 10 years who has exploitative sexual connection with a person with a significant impairment.
2: Every one is liable to imprisonment for a term not exceeding 10 years who attempts to have exploitative sexual connection with a person with a significant impairment.
3: For the purposes of subsections (1) and (2), a person has exploitative sexual connection with a person with a significant impairment (the impaired person
a: has sexual connection with the impaired person knowing that the impaired person is a person with a significant impairment; and
b: has obtained the impaired person's acquiescence in, submission to, participation in, or undertaking of the connection by taking advantage of the impairment.
4: Every one is liable to imprisonment for a term not exceeding 5 years who exploitatively does an indecent act on a person with a significant impairment.
5: For the purposes of subsection (4), a person exploitatively does an indecent act on a person with a significant impairment (the impaired person
a: does an indecent act on the impaired person knowing that the impaired person is a person with a significant impairment; and
b: has obtained the impaired person's acquiescence in, submission to, participation in, or undertaking of the doing of the act by taking advantage of the impairment.
6: For the purposes of this section, a significant impairment
a: to understand the nature of sexual conduct; or
b: to understand the nature of decisions about sexual conduct; or
c: to foresee the consequences of decisions about sexual conduct; or
d: to communicate decisions about sexual conduct. Section 138 replaced 20 May 2005 section 7 Crimes Amendment Act 2005
139: Indecent act between woman and girl
Section 139 repealed 20 May 2005 section 7 Crimes Amendment Act 2005
140: Indecency with boy under 12
Section 140 repealed 20 May 2005 section 7 Crimes Amendment Act 2005
140A: Indecency with boy between 12 and 16
Section 140A repealed 20 May 2005 section 7 Crimes Amendment Act 2005
141: Indecent assault on man or boy
Section 141 repealed 20 May 2005 section 7 Crimes Amendment Act 2005
142: Anal intercourse
Section 142 repealed 20 May 2005 section 7 Crimes Amendment Act 2005
142A: Compelling indecent act with animal
1: Every one is liable to imprisonment for a term not exceeding 14 years who compels any other person, by the actual or threatened application of force to that other person or some other person, to perform, or to submit to or acquiesce in, any act of indecency with an animal, whether or not involving penetration.
2: Section 142A inserted 1 February 1986 section 3 Crimes Amendment Act (No 3) 1985 Section 142A(2) repealed 30 June 2002 section 164(b) Sentencing Act 2002
143: Bestiality
1: Every one is liable to imprisonment for a term not exceeding 7 years who commits bestiality.
2: This offence is complete upon penetration. 1908 No 32 s 153 1941 No 10 Schedule
144: Indecency with animal
Every one is liable to imprisonment for a term not exceeding 3 years who commits any act of indecency with an animal. Sexual offences outside New Zealand Heading inserted 1 September 1995 Crimes Amendment Act 1995
144A: Sexual conduct with children and young people outside New Zealand
1: Every one commits an offence who, being a New Zealand citizen or ordinarily resident in New Zealand,—
a: does outside New Zealand, with or on a child under the age of 12 years, an act to which subsection (2) applies; or
b: does outside New Zealand, with or on a person under the age of 16 years, an act to which subsection (3) applies; or
c: does outside New Zealand, with or on a person under the age of 18 years, an act to which subsection (4) applies.
2: This subsection applies to an act that, if done in New Zealand, would be an offence against—
a: section 132(1)
b: section 132(2)
c: section 132(3)
3: This subsection applies to an act that, if done in New Zealand, would be an offence against—
a: section 134(1)
b: section 134(2)
c: section 134(3)
4: This subsection applies to an act that, if done in New Zealand, would be an offence against section 23(1)
5: A person who commits an offence against this section in respect of a provision specified in any of subsections (2) to (4) is liable to the penalty to which he or she would be liable if convicted of an offence against the provision.
6: Every limiting provision that applied to a provision specified in any of subsections (2) to (4) when an offence against this section in respect of the provision specified is alleged to have been committed applies also to—
a: the commencement of proceedings for the offence; and
b: a charge under this section in respect of the provision specified.
7: In this section, limiting provision Prostitution Reform Act 2003
a: circumstances that constitute a defence to a charge under the provision specified; or
b: circumstances that do not constitute a defence to a charge under the provision specified; or
c: circumstances in which the person on or with whom an offence against the provision specified is committed may not be charged with an offence against that provision. Section 144A replaced 14 June 2006 section 8 Crimes Amendment Act 2005
144AB: Party or accessory liability for sexual acts with children or young people outside New Zealand done by, or involving, foreigner principal parties
1: A New Zealander is a party under section 66
a: a sexual act with a child or young person is done or to be done, outside New Zealand, by 1 or more principal parties who are foreigners; and
b: the New Zealander does, outside New Zealand, an act with, or in respect of, the act done or to be done by the 1 or more foreigners; and
c: had both acts been done in New Zealand, the New Zealander would be a party under section 66
2: In this section,— accessory after the fact sections 71 312 foreigner
a: is not a New Zealand citizen; and
b: is not a person ordinarily resident in New Zealand New Zealand sexual offence with a child or young person outside New Zealand section 144A(1)﻿(a), (b), or (c) New Zealander
a: is a New Zealand citizen; or
b: is a person ordinarily resident in New Zealand party under section 66 section 70 sexual act with a child or young person section 144A(2), (3), or (4) sexual offence with a child or young person section 144A(2)﻿(a), (b), or (c), (3)﻿(a), (b), or (c), or (4)
3: This section does not limit or affect section 69(3) 144C section 66 Criminal Code Act 1995 Division 272 (Aust); Sexual Offences Act 2003 s 72, Schedule 2 (UK) Section 144AB inserted 7 May 2015 section 6 Crimes (Indecency) Amendment Act 2015
144B: Consent of Attorney-General required
1: No charging document may be filed section 144A
2: A person who is alleged to have committed such an offence may be arrested, or a warrant for the arrest of the person may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the filing of a charging document
3: The Attorney-General may, before deciding whether or not to give his or her consent under subsection (1), make such inquiries as he or she thinks fit. Section 144B inserted 1 September 1995 Crimes Amendment Act 1995 Section 144B(1) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 144B(2) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
144C: Organising or promoting child sex tours
1: Every one is liable to imprisonment for a term not exceeding 7 years who—
a: makes or organises any travel arrangements for or on behalf of any other person with the intention of facilitating the commission by that other person of an offence against section 144A
b: transports any other person to a place outside New Zealand with the intention of facilitating the commission by that other person of an offence against section 144A
c: prints or publishes any information that is intended to promote conduct that would constitute an offence against section 144A
2: For the purposes of this section,—
a: the making or organising of travel arrangements includes, but is not limited to,—
i: the purchase or reservation of tickets for travel to a country outside New Zealand:
ii: the purchase or reservation of accommodation in a country outside New Zealand:
b: the publication of information means publication of information by any means, whether by written, electronic, or other form of communication; and includes the distribution of information. Section 144C inserted 1 September 1995 Crimes Amendment Act 1995 Crimes against public welfare
145: Criminal nuisance
1: Every one commits criminal nuisance who does any unlawful act or omits to discharge any legal duty, such act or omission being one which he or she knew would endanger the lives, safety, or health of the public, or the life, safety, or health of any individual.
2: Every one who commits criminal nuisance is liable to imprisonment for a term not exceeding 1 year. 1908 No 32 ss 158, 159
146: Keeping place of resort for homosexual acts
Section 146 repealed 8 August 1986 Homosexual Law Reform Act 1986
147: Brothel-keeping
Section 147 repealed 28 June 2003 section 48(1)﻿(a) Prostitution Reform Act 2003
148: Living on earnings of prostitution
Section 148 repealed 28 June 2003 section 48(1)﻿(a) Prostitution Reform Act 2003
149: Procuring for prostitution
Section 149 repealed 28 June 2003 section 48(1)﻿(a) Prostitution Reform Act 2003
149A: Being client in act of prostitution by person under 18 years of age
Section 149A repealed 28 June 2003 section 48(1)﻿(a) Prostitution Reform Act 2003
150: Misconduct in respect of human remains
Every one is liable to imprisonment for a term not exceeding 2 years who—
a: neglects to perform any duty imposed on him or her by law or undertaken by him or her with reference to the burial or cremation of any dead human body or human remains; or
b: improperly or indecently interferes with or offers any indignity to any dead human body or human remains, whether buried or not. 1908 No 32 s 165
8: Crimes against the person
Duties tending to the preservation of life
150A: Standard of care applicable to persons under legal duties or performing unlawful acts
1: This section applies in respect of—
a: the legal duties specified in any of sections 151 152 153 155 156 157
b: an unlawful act referred to in section 160
2: For the purposes of this Part, a person is criminally responsible for omitting to discharge or perform a legal duty, or performing an unlawful act, to which this section applies only if, in the circumstances, the omission or unlawful act is a major departure from the standard of care expected of a reasonable person to whom that legal duty applies or who performs that unlawful act. Section 150A replaced 19 March 2012 section 6 Crimes Amendment Act (No 3) 2011
151: Duty to provide necessaries and protect from injury
Every one who has actual care or charge of a person who is a vulnerable adult and who is unable to provide himself or herself with necessaries is under a legal duty—
a: to provide that person with necessaries; and
b: to take reasonable steps to protect that person from injury. Section 151 replaced 19 March 2012 section 6 Crimes Amendment Act (No 3) 2011
152: Duty of parent or guardian to provide necessaries and protect from injury
Every one who is a parent, or is a person in place of a parent, who has actual care or charge of a child under the age of 18 years is under a legal duty—
a: to provide that child with necessaries; and
b: to take reasonable steps to protect that child from injury. Section 152 replaced 19 March 2012 section 6 Crimes Amendment Act (No 3) 2011
153: Duty of employers to provide necessaries
1: Every one who as employer has contracted to provide necessary food, clothing, or lodging for any servant or apprentice under the age of 16 years is under a legal duty to provide the same, and is criminally responsible for omitting without lawful excuse to perform such duty if the death of that servant or apprentice is caused, or if his or her life is endangered or his or her health permanently injured, by such omission.
2: Every one is liable to imprisonment for a term not exceeding 5 years who, without lawful excuse, neglects the duty specified in this section so that the life of the servant or apprentice is endangered or his or her health permanently injured by such neglect. 1908 No 32 s 168
154: Abandoning child under 6
Every one is liable to imprisonment for a term not exceeding 7 years who unlawfully abandons or exposes any child under the age of 6 years. 1908 No 32 s 169
155: Duty of persons doing dangerous acts
Every one who undertakes (except in case of necessity) to administer surgical or medical treatment, or to do any other lawful act the doing of which is or may be dangerous to life, is under a legal duty to have and to use reasonable knowledge, skill, and care in doing any such act, and is criminally responsible for the consequences of omitting without lawful excuse to discharge that duty. 1908 No 32 s 170
156: Duty of persons in charge of dangerous things
Every one who has in his or her charge or under his or her control anything whatever, whether animate or inanimate, or who erects, makes, operates, or maintains anything whatever, which, in the absence of precaution or care, may endanger human life is under a legal duty to take reasonable precautions against and to use reasonable care to avoid such danger, and is criminally responsible for the consequences of omitting without lawful excuse to discharge that duty. 1908 No 32 s 171
157: Duty to avoid omissions dangerous to life
Every one who undertakes to do any act the omission to do which is or may be dangerous to life is under a legal duty to do that act, and is criminally responsible for the consequences of omitting without lawful excuse to discharge that duty. 1908 No 32 s 172 Homicide
158: Homicide defined
Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever. 1908 No 32 s 173
159: Killing of a child
1: A child becomes a human being within the meaning of this Act when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, whether it has an independent circulation or not, and whether the navel string is severed or not.
2: The killing of such child is homicide if it dies in consequence of injuries received before, during, or after birth. 1908 No 32 s 174
160: Culpable homicide
1: Homicide may be either culpable or not culpable.
2: Homicide is culpable when it consists in the killing of any person—
a: by an unlawful act; or
b: by an omission without lawful excuse to perform or observe any legal duty; or
c: by both combined; or
d: by causing that person by threats or fear of violence, or by deception, to do an act which causes his or her death; or
e: by wilfully frightening a child under the age of 16 years or a sick person.
3: Except as provided in section 178
4: Homicide that is not culpable is not an offence. 1908 No 32 s 175
161: Procuring death by false evidence
Section 161 repealed 26 December 1989 section 3(1)﻿(a) Abolition of the Death Penalty Act 1989
162: Death must be within a year and a day
Section 162 repealed 12 March 2019 section 6 Crimes Amendment Act 2019
163: Killing by influence on the mind
No one is criminally responsible for the killing of another by any influence on the mind alone, except by wilfully frightening a child under the age of 16 years or a sick person, nor for the killing of another by any disorder or disease arising from such influence, except by wilfully frightening any such child as aforesaid or a sick person. 1908 No 32 s 178
164: Acceleration of death
Every one who by any act or omission causes the death of another person kills that person, although the effect of the bodily injury caused to that person was merely to hasten his or her death while labouring under some disorder or disease arising from some other cause. 1908 No 32 s 179
165: Causing death that might have been prevented
Every one who by any act or omission causes the death of another person kills that person, although death from that cause might have been prevented by resorting to proper means. 1908 No 32 s 180
166: Causing injury the treatment of which causes death
Every one who causes to another person any bodily injury, in itself of a dangerous nature, from which death results, kills that person, although the immediate cause of death be treatment, proper or improper, applied in good faith. 1908 No 32 s 181 Murder, manslaughter, etc
167: Murder defined
Culpable homicide is murder in each of the following cases:
a: if the offender means to cause the death of the person killed:
b: if the offender means to cause to the person killed any bodily injury that is known to the offender to be likely to cause death, and is reckless whether death ensues or not:
c: if the offender means to cause death, or, being so reckless as aforesaid, means to cause such bodily injury as aforesaid to one person, and by accident or mistake kills another person, though he or she does not mean to hurt the person killed:
d: if the offender for any unlawful object does an act that he or she knows to be likely to cause death, and thereby kills any person, though he or she may have desired that his or her object should be effected without hurting any one. 1908 No 32 s 182
168: Further definition of murder
1: Culpable homicide is also murder in each of the following cases, whether the offender means or does not mean death to ensue, or knows or does not know that death is likely to ensue:
a: if he or she means to cause grievous bodily injury for the purpose of facilitating the commission of any of the offences mentioned in subsection (2), or facilitating the flight or avoiding the detection of the offender upon the commission or attempted commission thereof, or for the purpose of resisting lawful apprehension in respect of any offence whatsoever, and death ensues from such injury:
b: if he or she administers any stupefying or overpowering thing for any of the purposes aforesaid, and death ensues from the effects thereof:
c: if he or she by any means wilfully stops the breath of any person for any of the purposes aforesaid, and death ensues from such stopping of breath.
2: The offences referred to in subsection (1) are those specified in the following provisions of this Act, namely:
a: section 73 section 78 Espionage
b: section 79
c: section 92
d: section 93
e: section 119 to 122 prison
f: section 128
g: section 167
h: section 208
i: section 209
j: section 231
k: section 234
l: section 267 1908 No 32 s 183 Section 168(2)﻿(e) amended 1 June 2005 section 206 Corrections Act 2004 Section 168(2)﻿(f) replaced 1 October 2003 section 7(1) Crimes Amendment Act 2003 Section 168(2)﻿(j) replaced 1 October 2003 section 7(2) Crimes Amendment Act 2003 Section 168(2)﻿(k) replaced 1 October 2003 section 7(2) Crimes Amendment Act 2003 Section 168(2)﻿(l) replaced 1 October 2003 section 7(2) Crimes Amendment Act 2003
169: Provocation
Section 169 repealed 8 December 2009 section 4 Crimes (Provocation Repeal) Amendment Act 2009
170: Illegal arrest may be evidence of provocation
Section 170 repealed 8 December 2009 section 4 Crimes (Provocation Repeal) Amendment Act 2009
171: Manslaughter
Except as provided in section 178 1908 No 32 s 186
172: Punishment of murder
1: Every one who commits murder is liable to imprisonment for life.
2: Subsection (1) is subject to section 102 Section 172 replaced 30 June 2002 section 165 Sentencing Act 2002
173: Attempt to murder
1: Every one who attempts to commit murder is liable to imprisonment for a term not exceeding 14 years.
2: 1908 No 32 s 188 Section 173(2) repealed 30 June 2002 section 164(b) Sentencing Act 2002
174: Counselling or attempting to procure murder
Every one is liable to imprisonment for a term not exceeding 10 years who incites, counsels, or attempts to procure any person to murder any other person in New Zealand, when that murder is not in fact committed. 1908 No 32 s 189(b)
175: Conspiracy to murder
1: Every one is liable to imprisonment for a term not exceeding 10 years who conspires or agrees with any person to murder any other person, whether the murder is to take place in New Zealand or elsewhere.
2: For the purposes of this section, the expression to murder 1908 No 32 s 189(a)
176: Accessory after the fact to murder
Every one is liable to imprisonment for a term not exceeding 7 years who is an accessory after the fact to murder. 1908 No 32 s 190
177: Punishment of manslaughter
1: Every one who commits manslaughter is liable to imprisonment for life.
2:
3:
4: 1908 No 32 s 191 Section 177(2) repealed 30 June 2002 section 164(b) Sentencing Act 2002 Section 177(3) repealed 30 June 2002 section 164(b) Sentencing Act 2002 Section 177(4) repealed 30 June 2002 section 164(b) Sentencing Act 2002
178: Infanticide
1: Where a woman causes the death of any child of hers under the age of 10 years in a manner that amounts to culpable homicide, and where at the time of the offence the balance of her mind was disturbed, by reason of her not having fully recovered from the effect of giving birth to that or any other child, or by reason of the effect of lactation, or by reason of any disorder consequent upon childbirth or lactation, to such an extent that she should not be held fully responsible, she is guilty of infanticide, and not of murder or manslaughter, and is liable to imprisonment for a term not exceeding 3 years.
2: Where upon the trial of a woman for the murder or manslaughter of any child of hers under the age of 10 years there is evidence that would support a verdict of infanticide, the jury may return such a verdict instead of a verdict of murder or manslaughter, and the defendant Subsection (2) of section 339
3: Where upon the trial of a woman for infanticide, or for the murder or manslaughter of any child of hers under the age of 10 years, the jury are of opinion that at the time of the alleged offence the balance of her mind was disturbed, by reason of her not having fully recovered from the effect of giving birth to that or any other child, or by reason of the effect of lactation, or by reason of any disorder consequent upon childbirth or lactation, to such an extent that she was insane, the jury shall return a special verdict of acquittal on account of insanity caused by childbirth.
4: If the jury returns a special verdict under subsection (3), the Judge must order that the woman be examined by 2 medical practitioners and the following provisions apply:
a: pending the receipt by the Judge of certificates from the medical practitioners, the woman must be detained in a place that the Judge thinks appropriate, and that place must be one of the following:
i: a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992
ii: a facility within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
iii: a prison
b: if each of the medical practitioners certifies that the woman is no longer insane and that she is in no need of care and treatment in a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
c: unless each of the medical practitioners certifies in accordance with paragraph (b), sections 23 to 29
5: If, under subsection (4)﻿(c), the Judge makes an order that the woman be detained in a hospital as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 section 33
6:
7: Nothing in this section shall affect the power of the jury, upon the trial of any woman for infanticide or for murder or manslaughter, to return a verdict, otherwise than under this section, of acquittal on account of insanity; and where any such verdict is returned the provisions of the Criminal Procedure (Mentally Impaired Persons) Act 2003
8: The fact that by virtue of this section any woman has not been or is not liable to be convicted of murder or manslaughter, whether or not she has been or is liable to be convicted of infanticide, shall not affect the question whether the homicide amounted to murder or manslaughter in the case of any other party to it. Infanticide Act 1938 s 1 (UK) Section 178(2) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 178(4) replaced 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 178(4)﻿(a)﻿(iii) amended 1 June 2005 section 206 Corrections Act 2004 Section 178(5) replaced 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 178(6) repealed 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 178(7) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003
179: Aiding and abetting suicide
1: Every one is liable to imprisonment for a term not exceeding 14 years who—
a: incites, counsels, or procures any person to commit suicide, if that person commits or attempts to commit suicide in consequence thereof; or
b: aids or abets any person in the commission of suicide.
2: A person commits an offence who incites, counsels, or procures another person to commit suicide, even if that other person does not commit or attempt to commit suicide in consequence of that conduct.
3: A person who commits an offence against subsection (2) is liable on conviction to imprisonment for a term not exceeding 3 years.
4: This section is subject to section 37 1908 No 32 s 192 Section 179(2) inserted 3 July 2015 section 30 Harmful Digital Communications Act 2015 Section 179(3) inserted 3 July 2015 section 30 Harmful Digital Communications Act 2015 Section 179(4) inserted 6 November 2021 section 41 End of Life Choice Act 2019
180: Suicide pact
1: Every one who in pursuance of a suicide pact kills any other person is guilty of manslaughter and not of murder, and is liable accordingly.
2: Where 2 or more persons enter into a suicide pact, and in pursuance of it 1 or more of them kills himself or herself, any survivor is guilty of being a party to a death under a suicide pact contrary to this subsection and is liable to imprisonment for a term not exceeding 5 years; but he or she shall not be convicted of an offence against section 179
3: For the purposes of this section the term suicide pact
4: It shall be for the person charged to prove that by virtue of subsection (1) he or she is not liable to be convicted of murder, or that by virtue of subsection (2) he or she is not liable to be convicted of an offence against section 179
5: The fact that by virtue of this section any person who in pursuance of a suicide pact has killed another person has not been or is not liable to be convicted of murder shall not affect the question whether the homicide amounted to murder in the case of a third person who is a party to the homicide and is not a party to the suicide pact. Homicide Act 1957 s 4 (UK)
181: Concealing dead body of child
Every one is liable to imprisonment for a term not exceeding 2 years who disposes of the dead body of any child in any manner with intent to conceal the fact of its birth, whether the child died before, or during, or after birth. 1908 No 32 s 194 Killing unborn child Heading replaced 24 March 2020 section 11 Abortion Legislation Act 2020
182: Killing unborn child
1: Every one is liable to imprisonment for a term not exceeding 14 years who causes the death of any child that has not become a human being in such a manner that he or she would have been guilty of murder if the child had become a human being.
2: Nothing in subsection (1) applies to any person who before or during the birth of any child causes its death by—
a: a means employed in good faith to preserve the life of the child’s mother; or
b: providing abortion services in accordance with section 10 11 1908 No 32 s 220 Section 182(2) replaced 24 March 2020 section 12 Abortion Legislation Act 2020
182A: Miscarriage defined
Section 182A repealed 24 March 2020 section 13 Abortion Legislation Act 2020 Abortion services Heading inserted 24 March 2020 section 13 Abortion Legislation Act 2020
183: Abortion procured by person other than health practitioner
1: A person commits an offence and is liable on conviction to a term of imprisonment not exceeding 5 years if the person is not a health practitioner and—
a: procures, or attempts to procure, an abortion for a woman; or
b: performs, or attempts to perform, an abortion on a woman.
2: The woman is not guilty of an offence under this section.
3: In this section,— abortion section 2 health practitioner section 5(1) Section 183 replaced 24 March 2020 section 13 Abortion Legislation Act 2020
184: Procuring abortion by other means
Section 184 repealed 16 December 1977 Crimes Amendment Act 1977
185: Female procuring her own miscarriage
Section 185 repealed 16 December 1977 Crimes Amendment Act 1977
186: Supplying means of procuring abortion
Section 186 repealed 24 March 2020 section 13 Abortion Legislation Act 2020
187: Effectiveness of means used immaterial
Section 187 repealed 24 March 2020 section 13 Abortion Legislation Act 2020
187A: Meaning of unlawfully
Section 187A repealed 24 March 2020 section 13 Abortion Legislation Act 2020 Assaults and injuries to the person
188: Wounding with intent
1: Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to cause grievous bodily harm to any one, wounds, maims, disfigures, or causes grievous bodily harm to any person.
2: Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to injure anyone, or with reckless disregard for the safety of others, wounds, maims, disfigures, or causes grievous bodily harm to any person.
3: 1908 No 32 s 197(a) 1941 No 10 Schedule Section 188(3) repealed 30 June 2002 section 164(b) Sentencing Act 2002
189: Injuring with intent
1: Every one is liable to imprisonment for a term not exceeding 10 years who, with intent to cause grievous bodily harm to any one, injures any person.
2: Every one is liable to imprisonment for a term not exceeding 5 years who, with intent to injure any one, or with reckless disregard for the safety of others, injures any person.
3: 1908 No 32 s 204 Section 189(3) repealed 30 June 2002 section 164(b) Sentencing Act 2002
189A: Strangulation or suffocation
Everyone is liable to imprisonment for a term not exceeding 7 years who intentionally or recklessly impedes another person’s normal breathing, blood circulation, or both, by doing (manually, or using any aid) all or any of the following:
a: blocking that other person’s nose, mouth, or both:
b: applying pressure on, or to, that other person’s throat, neck, or both. Section 189A inserted 3 December 2018 section 24 Family Violence (Amendments) Act 2018
190: Injuring by unlawful act
Every one is liable to imprisonment for a term not exceeding 3 years who injures any other person in such circumstances that if death had been caused he or she would have been guilty of manslaughter. 1908 No 32 s 206
191: Aggravated wounding or injury
1: Every one is liable to imprisonment for a term not exceeding 14 years who with intent—
a: to commit or facilitate the commission of any imprisonable offence
b: to avoid the detection of himself or herself or of any other person in the commission of any imprisonable offence
c: to avoid the arrest or facilitate the flight of himself or herself or of any other person upon the commission or attempted commission of any imprisonable offence wounds, maims, disfigures, or causes grievous bodily harm to any person, or stupefies or renders unconscious any person, or by any violent means renders any person incapable of resistance.
2: Every one is liable to imprisonment for a term not exceeding 7 years who, with any such intent as aforesaid, injures any person.
3: 1908 No 32 ss 195, 196 1941 No 10 Schedule Section 191(1)﻿(a) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 191(1)﻿(b) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 191(1)﻿(c) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 191(3) repealed 30 June 2002 section 164(b) Sentencing Act 2002
192: Aggravated assault
1: Every one is liable to imprisonment for a term not exceeding 3 years who assaults any other person with intent—
a: to commit or facilitate the commission of any imprisonable offence
b: to avoid the detection of himself or herself or of any other person in the commission of any imprisonable offence
c: to avoid the arrest or facilitate the flight of himself or herself or of any other person upon the commission or attempted commission of any imprisonable offence
2: Every one is liable to imprisonment for a term not exceeding 3 years who assaults any constable or any person acting in aid of any constable, or any person in the lawful execution of any process, with intent to obstruct the person so assaulted in the execution of his or her duty. 1908 No 32 s 209 Section 192(1)﻿(a) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 192(1)﻿(b) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 192(1)﻿(c) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
193: Assault with intent to injure
Every one is liable to imprisonment for a term not exceeding 3 years who, with intent to injure any one, assaults any person.
194: Assault on a child, or by a male on a female
Every one is liable to imprisonment for a term not exceeding 2 years who—
a: assaults any child under the age of 14 years; or
b: being a male, assaults any female. 1952 No 43 s 5
194A: Assault on person in family relationship
1: Everyone is liable to imprisonment for a term not exceeding 2 years who—
a: assaults another person; and
b: is, or has been, in a family relationship with that other person.
2: In subsection (1), family relationship section 12
3: 2019-07-01 Crimes Act 1961 Repeal section 194A(3) on 1 July 2019 (see section 25(2) of Family Violence (Amendments) Act 2018 which repeals it and which will be required for the history note) Section 194A inserted 3 December 2018 section 25(1) Family Violence (Amendments) Act 2018 Section 194A(3) repealed 1 July 2019 section 25(2) Family Violence (Amendments) Act 2018
195: Ill-treatment or neglect of child or vulnerable adult
1: Every one is liable to imprisonment for a term not exceeding 10 years who, being a person described in subsection (2) victim
2: The persons are—
a: a person who has actual care or charge of the victim; or
b: a person who is a staff member of any hospital, institution, or residence where the victim resides.
3: For the purposes of this section and section 195A child Section 195 replaced 19 March 2012 section 7 Crimes Amendment Act (No 3) 2011
195A: Failure to protect child or vulnerable adult
1: Every one is liable to imprisonment for a term not exceeding 10 years who, being a person described in subsection (2), has frequent contact with a child or vulnerable adult (the victim
a: knows that the victim is at risk of death, grievous bodily harm, or sexual assault as the result of—
i: an unlawful act by another person; or
ii: an omission by another person to discharge or perform a legal duty if, in the circumstances, that omission is a major departure from the standard of care expected of a reasonable person to whom that legal duty applies; and
b: fails to take reasonable steps to protect the victim from that risk.
2: The persons are—
a: a member of the same household as the victim; or
b: a person who is a staff member of any hospital, institution, or residence where the victim resides.
3: A person may not be charged with an offence under this section if he or she was under the age of 18 at the time of the act or omission.
4: For the purposes of this section,—
a: a person is to be regarded as a member of a particular household, even if he or she does not live in that household, if that person is so closely connected with the household that it is reasonable, in the circumstances, to regard him or her as a member of the household:
b: where the victim lives in different households at different times, the same household
5: In determining whether a person is so closely connected with a particular household as to be regarded as a member of that household, regard must be had to the frequency and duration of visits to the household and whether the person has a familial relationship with the victim and any other matters that may be relevant in the circumstances. Section 195A inserted 19 March 2012 section 7 Crimes Amendment Act (No 3) 2011
196: Common assault
Every one is liable to imprisonment for a term not exceeding 1 year who assaults any other person. 1908 No 32 s 210
197: Disabling
1: Every one is liable to imprisonment for a term not exceeding 5 years who, wilfully and without lawful justification or excuse, stupefies or renders unconscious any other person.
2: Section 197(2) repealed 30 June 2002 section 164(b) Sentencing Act 2002
198: Discharging firearm or doing dangerous act with intent
1: Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to do grievous bodily harm,—
a: discharges any firearm, airgun, or other similar weapon at any person; or
b: sends or delivers to any person, or puts in any place, any explosive or injurious substance or device; or
c: sets fire to any property.
2: Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to injure, or with reckless disregard for the safety of others, does any of the acts referred to in subsection (1).
3: 1908 No 32 ss 197(b), (c), (d), 198 1941 No 10 Schedule Section 198(3) repealed 30 June 2002 section 164(b) Sentencing Act 2002
198A: Using any firearm against law enforcement officer, etc
1: Every one is liable to imprisonment for a term not exceeding 14 years who uses any firearm in any manner whatever against any constable constable
2: Every one is liable to imprisonment for a term not exceeding 10 years who uses any firearm in any manner whatever with intent to resist the lawful arrest or detention of himself or herself or of any other person. Section 198A inserted 28 October 1986 Crimes Amendment Act (No 2) 1986 Section 198A(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
198B: Commission of crime with firearm
1: Every one is liable to imprisonment for a term not exceeding 10 years who,—
a: in committing any imprisonable offence
b: while committing any imprisonable offence imprisonable offence
2: Section 198B inserted 28 October 1986 Crimes Amendment Act (No 2) 1986 Section 198B(1)﻿(a) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 198B(1)﻿(b) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 198B(2) repealed 30 June 2002 section 164(b) Sentencing Act 2002
199: Acid throwing
1: Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to injure or disfigure any one, throws at or applies to any person any corrosive or injurious substance.
2: 1908 No 32 s 197(d) Section 199(2) repealed 30 June 2002 section 164(b) Sentencing Act 2002
200: Poisoning with intent
1: Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to cause grievous bodily harm to any one, administers to or causes to be taken by any person any poison or other noxious substance.
2: Every one is liable to imprisonment for a term not exceeding 3 years who, with intent to cause inconvenience or annoyance to any one, or for any unlawful purpose, administers to, or causes to be taken by, any person any poison or other noxious substance.
3: 1908 No 32 s 203 Criminal Code (1954) s 217 (Canada) Section 200(3) repealed 30 June 2002 section 164(b) Sentencing Act 2002
201: Infecting with disease
1: Every one is liable to imprisonment for a term not exceeding 14 years who, wilfully and without lawful justification or excuse, causes or produces in any other person any disease or sickness.
2: Section 201(2) repealed 30 June 2002 section 164(b) Sentencing Act 2002
202: Setting traps, etc
1: Every one is liable to imprisonment for a term not exceeding 5 years who, with intent to injure, or with reckless disregard for the safety of others, sets or places or causes to be set or placed any trap or device that is likely to injure any person.
2: Every one is liable to imprisonment for a term not exceeding 3 years who, being in occupation or possession of any place where any such trap or device has been set or placed, knowingly and wilfully permits it to remain there in such a condition that any person is likely to be injured by it.
3: 1908 No 32 s 205 Section 202(3) repealed 30 June 2002 section 164(b) Sentencing Act 2002
202A: Possession of offensive weapons or disabling substances
1: In subsection (4)﻿(a) offensive weapon
2: In subsection (4)﻿(b) offensive weapon
3: In this section disabling substance
4: Every one is liable to imprisonment for a term not exceeding 3 years
a: who, without lawful authority or reasonable excuse, has with him or her in any public place any knife or
b: who has in his or her possession in any place any offensive weapon or disabling substance in circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence.
5: It is a defence to a charge under subsection (4)﻿(b) if the person charged proves that he or she did not intend to use the offensive weapon or disabling substance to commit an offence involving bodily injury or the threat or fear of violence. 1927 No 35 s 53A(1), (2), (8)–(10) 1976 No 157 s4(1) Section 202A inserted 1 February 1982 section 48(1) Summary Offences Act 1981 Section 202A(4) amended 19 March 2012 section 8 Crimes Amendment Act (No 3) 2011 Section 202A(4)﻿(a) amended 1 August 1987 Crimes Amendment Act (No 2) 1987
202B: Powers in respect of crime against section 202A
Section 202B repealed 1 October 2012 section 325(6) Search and Surveillance Act 2012
202BA: Sentencing for second crime against section 202A(4)
Where—
a: any person is convicted of a crime against paragraph (a) or paragraph (b) of section 202A(4)
b: that person has previously been convicted on at least 1 occasion within the preceding 2 years of a crime against either of those paragraphs,— the court shall impose a sentence of imprisonment (within the meaning of section 4(1) Section 202BA inserted 1 August 1987 Crimes Amendment Act (No 2) 1987 Section 202BA amended 30 June 2002 section 186 Sentencing Act 2002
202C: Assault with weapon
1: Every one is liable to imprisonment for a term not exceeding 5 years who,—
a: in assaulting any person, uses any thing as a weapon; or
b: while assaulting any person, has any thing with him or her in circumstances that prima facie show an intention to use it as a weapon.
2: Section 202C inserted 28 October 1986 Crimes Amendment Act (No 2) 1986 Section 202C(2) repealed 30 June 2002 section 164(b) Sentencing Act 2002
203: Endangering transport
Section 203 repealed 1 October 2003 section 8 Crimes Amendment Act 2003
204: Impeding rescue
1: Every one is liable to imprisonment for a term not exceeding 10 years who, without lawful justification or excuse, prevents or impedes or attempts to prevent or impede any person who is attempting to save his or her own life or the life of any other person.
2: No one is guilty of an offence against this section who does any such act as aforesaid in the course of saving his or her own life or the life of any other person. 1908 No 32 s 201 Criminal Code (1954) s 227 (Canada) Female genital mutilation Heading inserted 1 January 1996 Crimes Amendment Act 1995
204A: Female genital mutilation
1: For the purposes of this section,— female genital mutilation
a: means the excision, infibulation, or mutilation of the whole or part of the female genitalia of any person; and
b: includes—
i: the partial or total removal of the clitoris, labia majora, labia minora, or prepuce, or any combination of these:
ii: the narrowing of the vaginal opening by cutting or repositioning the labia majora or the labia minora, or both:
iii: other harmful procedures carried out on any part of the female genitalia, such as pricking, piercing, incising, scraping, or cauterising; but
c: does not include a procedure carried out for cosmetic or enhancement purposes only midwife section 114(3) nurse section 114(1)﻿(a) sexual reassignment procedure trainee health professional
a: a medical practitioner for the purpose of gaining registration as a medical practitioner; or
b: a
2: Subject to subsection (3), every one is liable to imprisonment for a term not exceeding 7 years who performs, or causes to be performed, on any other person, any act involving female genital mutilation.
3: Nothing in subsection (2) applies in respect of—
a: any medical or surgical procedure (including a sexual reassignment procedure) that is performed on any person—
i: for the benefit of that person's physical or mental health; and
ii: by a medical practitioner or nurse
b: any medical or surgical procedure that is performed on any person—
i: while that person is in labour or immediately after that person gives birth; and
ii: for the benefit of that person's health or the health of the child; and
iii: by a medical practitioner, midwife, nurse, or trainee health professional, or, if the case is urgent and none of them are available, by any other person.
4: In determining, for the purposes of subsection (3), whether or not any medical or surgical procedure is performed on any person for the benefit of that person's physical or mental health, no account shall be taken of the effect on that person of any belief on the part of that person or any other person that the procedure is necessary or desirable as, or as part of, a cultural, religious, or other custom or practice.
5: Nothing in subsection (3) limits or affects any enactment or rule of law relating to consent to any medical or surgical procedure or treatment.
6: It is no defence to a charge under this section that the person on whom the act involving female genital mutilation was performed consented to that act, or that the person charged believed that such consent had been given.
7: No person shall be charged as a party to an offence committed upon her against this section. Section 204A inserted 1 January 1996 Crimes Amendment Act 1995 Section 204A(1) female genital mutilation replaced 7 August 2020 section 4(1) Crimes (Definition of Female Genital Mutilation) Amendment Act 2020 Section 204A(1) midwife inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 204A(1) nurse inserted 7 August 2020 section 4(2) Crimes (Definition of Female Genital Mutilation) Amendment Act 2020 Section 204A(1) registered midwife repealed 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 204A(1) trainee health professional amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 204A(3)﻿(a)﻿(ii) amended 7 August 2020 section 4(3) Crimes (Definition of Female Genital Mutilation) Amendment Act 2020 Section 204A(3)﻿(b)﻿(iii) replaced 7 August 2020 section 4(4) Crimes (Definition of Female Genital Mutilation) Amendment Act 2020
204B: Further offences relating to female genital mutilation
1: Every one is liable to imprisonment for a term not exceeding 7 years who, with intent that there be done, outside New Zealand, to or in relation to any child under the age of 17 years (being a child who is a New Zealand citizen or is ordinarily resident in New Zealand), any act which, if done in New Zealand, would be an offence against section 204A
a: causes that child to be sent or taken out of New Zealand; or
b: makes any arrangements for the purposes of causing that child to be sent or taken out of New Zealand.
2: Every one is liable to imprisonment for a term not exceeding 7 years who, in New Zealand, aids, incites, counsels, or procures the doing, outside New Zealand, in relation to any person who is a New Zealand citizen or is ordinarily resident in New Zealand, of any act which, if done in New Zealand, would be an offence against section 204A
3: Every one is liable to imprisonment for a term not exceeding 7 years who, in New Zealand, incites, counsels, procures, or induces any person who is a New Zealand citizen or is ordinarily resident in New Zealand—
a: to submit, outside New Zealand, to any act which, if done in New Zealand, would be an offence against section 204A
b: to acquiesce in the doing, outside New Zealand, on that person, of any such act; or
c: to permit any such act to be done, outside New Zealand, on that person,— whether or not, in any case, the act is in fact done.
4: It is no defence to a charge under subsection (2) or subsection (3) that the person on whom the act was done consented to that act, or that the person charged believed that such consent had been given.
5: No person shall be charged as a party to an offence committed in relation to her against subsection (2) or subsection (3). Section 204B inserted 1 January 1996 Crimes Amendment Act 1995 Bigamy, and feigned or coerced marriage or civil union Heading amended 3 December 2018 section 26 Family Violence (Amendments) Act 2018
205: Bigamy defined
1: Bigamy is—
a: the act of a person who, being married, goes through a form of marriage or civil union
b: the act of a person who goes through a form of marriage in New Zealand with any other person whom he or she knows to be married or in a civil union
c: the act of a New Zealand citizen, or a person ordinarily resident in New Zealand, who, being married or in a civil union
d: the act of a New Zealand citizen, or a person ordinarily resident in New Zealand, who goes through a form of marriage anywhere outside New Zealand with any other person whom he or she knows to be married or in a civil union; or
e: the act of a person who, being in a civil union, goes through a form of civil union or marriage with a third person; or
f: the act of a person who goes through a form of civil union with a person whom he or she knows to be in a civil union or to be married.
2: For the purposes of this section,—
a: a form of marriage is any form of marriage recognised by the law of New Zealand, or by the law of the place where it is solemnised, as a valid form of marriage:
b: a form of civil union is any form of civil union recognised under the Civil Union Act 2004
c: no form of marriage or civil union may be held to be an invalid form of marriage or civil union by reason of any act or omission of the person charged with bigamy, if it is otherwise a valid form.
3: It shall not be a defence to a charge of bigamy to prove that if the parties were unmarried or not in a civil union they would have been incompetent to contract marriage or enter into a civil union
4: No person commits bigamy by going through a form of marriage or entering into a civil union
a: has been continuously absent from his or her spouse or civil union partner (as the case may be)
b: is not proved to have known that his or her spouse or civil union partner (as the case may be) 1908 No 32 s 224 Section 205(1)﻿(a) amended 26 April 2005 section 41(1)﻿(a) Civil Union Act 2004 Section 205(1)﻿(b) amended 26 April 2005 section 41(1)﻿(b) Civil Union Act 2004 Section 205(1)﻿(c) amended 26 April 2005 section 41(1)﻿(c) Civil Union Act 2004 Section 205(1)﻿(d) amended 26 April 2005 section 41(1)﻿(d) Civil Union Act 2004 Section 205(1)﻿(e) inserted 26 April 2005 section 41(2) Civil Union Act 2004 Section 205(1)﻿(f) inserted 26 April 2005 section 41(2) Civil Union Act 2004 Section 205(2)﻿(b) replaced 26 April 2005 section 41(3) Civil Union Act 2004 Section 205(2)﻿(c) inserted 26 April 2005 section 41(3) Civil Union Act 2004 Section 205(3) amended 26 April 2005 section 41(4) Civil Union Act 2004 Section 205(4) amended 26 April 2005 section 41(5)﻿(a) Civil Union Act 2004 Section 205(4)﻿(a) amended 26 April 2005 section 41(5)﻿(b) Civil Union Act 2004 Section 205(4)﻿(b) amended 26 April 2005 section 41(5)﻿(b) Civil Union Act 2004
206: Punishment of bigamy
Every one who commits bigamy is liable to imprisonment for a term not exceeding 7 years: provided that if the Judge is satisfied that the person with whom the offender went through the form of marriage or with whom the offender entered into a civil union, or civil union 1908 No 32 s 225 Section 206 proviso amended 26 April 2005 section 42(a) Civil Union Act 2004 Section 206 proviso amended 26 April 2005 section 42(b) Civil Union Act 2004
207: Feigned marriage or
civil union
1: Everyone is liable to imprisonment for a term not exceeding 7 years who goes through a form of marriage or civil union with any other person, knowing that the marriage or civil union will be void for any reason other than that one of the parties is already married or in a civil union.
2: Provided that if the Judge is satisfied that that other person knew, at the time when the offence was committed, that the marriage or civil union would be void, the offender is liable to imprisonment for a term not exceeding 2 years. Section 207 replaced 26 April 2005 section 43 Civil Union Act 2004 Section 207 heading amended 3 December 2018 section 27 Family Violence (Amendments) Act 2018
207A: Coerced marriage or civil union
1: Everyone is liable to imprisonment for a term not exceeding 5 years who, with intent to cause another person to enter into a marriage or civil union, uses coercion (for example, intimidation, threats, or violence) against that other person.
2: Subsection (1) applies even if the marriage or civil union—
a: is not governed by New Zealand law:
b: is an arrangement or a relationship (however described, and even if not legally binding) in the form of a marriage or civil union:
c: is not solemnised or otherwise completed:
d: is, or if solemnised or otherwise completed would be, void or not legally binding (for example, for lack of consent, absence of formality, or non-compliance with a legal requirement). Section 207A inserted 3 December 2018 section 28 Family Violence (Amendments) Act 2018 Abduction, kidnapping
208: Abduction for purposes of marriage or civil union or sexual connection
Every one is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person ( P
a: with intent to go through a form of marriage or civil union with P; or
b: with intent to have sexual connection with P; or
c: with intent to cause P to go through a form of marriage or civil union, or to have sexual connection, with some other person. 1908 No 32 s 226 Section 208 replaced 3 December 2018 section 29 Family Violence (Amendments) Act 2018
209: Kidnapping
Every one is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person without his or her consent or with his or her consent obtained by fraud or duress,—
a: with intent to hold him or her for ransom or to service; or
b: with intent to cause him or her to be confined or imprisoned; or
c: with intent to cause him or her to be sent or taken out of New Zealand. Criminal Code (1954) s 233 (Canada) Section 209 replaced 20 May 2005 section 9 Crimes Amendment Act 2005
209A: Young person under 16 cannot consent to being taken away or detained
For the purposes of sections 208 209 Section 209A inserted 20 May 2005 section 9 Crimes Amendment Act 2005
210: Abduction of young person under 16
1: Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to deprive a parent or guardian or other person having the lawful care or charge of a young person of the possession of the young person, unlawfully takes or entices away or detains the young person.
2: Every one is liable to imprisonment for a term not exceeding 7 years who receives a young person, knowing that he or she has been unlawfully taken or enticed away or detained with intent to deprive a parent or guardian or other person having the lawful care or charge of him or her of the possession of him or her.
3: For the purposes of subsections (1) and (2),—
a: it is immaterial whether the young person consents, or is taken or goes or is received at his or her own suggestion; and
b: it is immaterial whether the offender believes the young person to be of or over the age of 16.
4: In this section young person 1908 No 32 ss 229, 230 Schedule s 3 Section 210 replaced 20 May 2005 section 9 Crimes Amendment Act 2005
210A: People claiming in good faith right to possession of young person under 16
A person who claims in good faith a right to the possession of a young person under the age of 16 years cannot be convicted of an offence against section 209 section 210 Section 210A inserted 20 May 2005 section 9 Crimes Amendment Act 2005
9: Crimes against reputation
Part 9 repealed 1 February 1993 section 56(2) Defamation Act 1992
211: Criminal libel and publishing defined
Section 211 repealed 1 February 1993 section 56(2) Defamation Act 1992
212: Publishing upon invitation
Section 212 repealed 1 February 1993 section 56(2) Defamation Act 1992
213: No prosecution without leave of Judge
Section 213 repealed 1 February 1993 section 56(2) Defamation Act 1992
214: Plea of justification
Section 214 repealed 1 February 1993 section 56(2) Defamation Act 1992
215: Punishment of criminal libel
Section 215 repealed 1 February 1993 section 56(2) Defamation Act 1992
216: Criminal slander
Section 216 repealed 1 February 1993 section 56(2) Defamation Act 1992
9A: Crimes against personal privacy
Part 9A inserted 6 August 1979 Crimes Amendment Act 1979
216A: Interpretation
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 ( see 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.
3: A reference in this Part to a party to a private communication is a reference to—
a: any originator of the communication and any person intended by the originator to receive it; and
b: a person who, with the express or implied consent of any originator of the communication or any person intended by the originator to receive it, intercepts the communication.
4: An order under paragraph (b)﻿(ii) of the definition of interception device in subsection (1) is 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 216A inserted 6 August 1979 Crimes Amendment Act 1979 Section 216A(1) replaced 1 October 2003 section 9 Crimes Amendment Act 2003 Section 216A(1) interception device amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 216A(2) inserted 1 October 2003 section 9 Crimes Amendment Act 2003 Section 216A(3) renumbered 19 August 2013 section 9 Crimes Amendment Act 2003 Section 216A(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
216B: Prohibition on use of
interception devices
1: Subject to subsections (2) to (5) an interception device
2: Subsection (1) does not apply where the person intercepting the private communication—
a: is a party to that private communication; or
b: does so pursuant to, and in accordance with the terms of, any authority conferred on him or her by or under—
i: the Search and Surveillance Act 2012
ii: Part 4
iii: the International Terrorism (Emergency Powers) Act 1987
3:
4: Subsection (1) does not apply to any monitoring of a prisoner call under section 113 or any interception of a private communication if the interception is authorised under section 189B
5: Subsection (1) does not apply to the interception of private communications by any interception device operated by a person engaged in providing an Internet or other communication service to the public if—
a: the interception is carried out by an employee of the person providing that Internet or other communication service to the public in the course of that person's duties; and
b: the interception is carried out for the purpose of maintaining that Internet or other communication service; and
c: the interception is necessary for the purpose of maintaining the Internet or other communication service; and
d: the interception is only used for the purpose of maintaining the Internet or other communication service.
6: Information obtained under subsection (5) must be destroyed immediately if it is no longer needed for the purpose of maintaining the Internet or other communication service.
7: Any information held by any person that was obtained while assisting with the execution of a surveillance device warrant issued under the Search and Surveillance Act 2012
a: destroyed immediately; or
b: given to the agency executing the warrant. Section 216B inserted 6 August 1979 Crimes Amendment Act 1979 Section 216B heading amended 1 October 2003 section 10(1) Crimes Amendment Act 2003 Section 216B(1) amended 1 October 2003 section 10(2) Crimes Amendment Act 2003 Section 216B(1) amended 1 October 2003 section 10(3) Crimes Amendment Act 2003 Section 216B(1) amended 14 October 1999 Penal Institutions Amendment Act 1999 Section 216B(2) replaced 1 February 1998 section 4(1) Crimes Amendment Act (No 2) 1997 Section 216B(2)﻿(b) replaced 28 September 2017 section 335 Intelligence and Security Act 2017 Section 216B(3) repealed 18 April 2012 section 325(12) Search and Surveillance Act 2012 Section 216B(4) inserted 14 October 1999 Penal Institutions Amendment Act 1999 Section 216B(4) amended 3 April 2009 section 35(2)﻿(a) Corrections Amendment Act 2009 Section 216B(4) amended 3 April 2009 section 35(2)﻿(b) Corrections Amendment Act 2009 Section 216B(4) amended 1 June 2005 section 206 Corrections Act 2004 Section 216B(5) inserted 1 October 2003 section 10(6) Crimes Amendment Act 2003 Section 216B(6) inserted 1 October 2003 section 10(6) Crimes Amendment Act 2003 Section 216B(7) inserted 1 October 2003 section 10(6) Crimes Amendment Act 2003 Section 216B(7) amended 18 April 2012 section 325(13) Search and Surveillance Act 2012
216C: Prohibition on disclosure of private communications unlawfully intercepted
1: Subject to subsection (2), where a private communication has been intercepted in contravention of section 216B
a: discloses the private communication, or the substance, meaning, or purport of the communication, or any part of it; or
b: discloses the existence of the private communication,— if he or she knows that it has come to his or her knowledge as a direct or indirect result of a contravention of section 216B
2: Subsection (1) does not apply where the disclosure is made—
a: to a party to the communication, or with the express or implied consent of such a party; or
b: in the course, or for the purpose, of—
i: an investigation by the Police into an alleged offence against this section or section 216B
ii: giving evidence in any civil or criminal proceedings relating to the unlawful interception of a private communication by means of an interception device
iii: giving evidence in any other civil or criminal proceeding where that evidence is not rendered inadmissible by the Evidence Act 2006 section 25
iv: determining whether the disclosure is admissible in any civil or criminal proceedings. Section 216C inserted 6 August 1979 Crimes Amendment Act 1979 Section 216C(2)﻿(b)﻿(ii) amended 1 October 2003 section 11 Crimes Amendment Act 2003 Section 216C(2)﻿(b)﻿(iii) amended 1 August 2007 section 216 Evidence Act 2006
216D: Prohibition on dealing, etc, with
interception devices
1: Every one is liable to imprisonment for a term not exceeding 2 years who—
a: invites any other person to acquire from him or her; or
b: offers or exposes for sale or supply to any other person; or
c: agrees to sell or supply or sells or supplies to any other person; or
d: has in his or her possession for the purpose of sale or supply to any other person,— any interception device
i: the sole or principal purpose of which he or she knows to be the surreptitious interception of private communications; or
ii: that he or she holds out as being useful for the surreptitious interception of private communications (whether or not he or she also holds it out as being useful for any other purpose).
2: It is a defence to a charge under this section if the person charged proves either—
a: that at the time he or she did any act referred to in any of paragraphs (a) to (d) of subsection (1) he or she believed that the other person referred to in the relevant paragraph was a constable employee or the Government Communications Security Bureau
b: where the charge relates to the supply of an interception device
i: he or she supplied the interception device
ii: being a constable employee or the Government Communications Security Bureau the interception device Section 216D inserted 6 August 1979 Crimes Amendment Act 1979 Section 216D heading amended 1 October 2003 section 12(a) Crimes Amendment Act 2003 Section 216D(1) amended 1 October 2003 section 12(b) Crimes Amendment Act 2003 Section 216D(2)﻿(a) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 216D(2)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 216D(2)﻿(a) amended 2 April 2003 section 26(2) Government Communications Security Bureau Act 2003 Section 216D(2)﻿(b) amended 1 October 2003 section 12(c) Crimes Amendment Act 2003 Section 216D(2)﻿(b)﻿(i) amended 1 October 2003 section 12(d) Crimes Amendment Act 2003 Section 216D(2)﻿(b)﻿(ii) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 216D(2)﻿(b)﻿(ii) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 216D(2)﻿(b)﻿(ii) amended 1 October 2003 section 12(d) Crimes Amendment Act 2003 Section 216D(2)﻿(b)﻿(ii) amended 2 April 2003 section 26(2) Government Communications Security Bureau Act 2003
216E: Forfeiture
Where any person is convicted of a crime against section 216B section 216D interception devices interception devices interception devices Section 216E inserted 6 August 1979 Crimes Amendment Act 1979 Section 216E amended 1 October 2003 section 13 Crimes Amendment Act 2003
216F: Unlawful disclosure
1: An unlawful disclosure is the intentional and unauthorised disclosure of any information gained when undertaking maintenance of a communication service.
2: Despite anything in subsection (1) constable an offence
3: Every person who makes an unlawful disclosure is liable to imprisonment for a term not exceeding 2 years. Section 216F inserted 1 October 2003 section 14 Crimes Amendment Act 2003 Section 216F(1) replaced 18 April 2012 section 325(7) Search and Surveillance Act 2012 Section 216F(2) amended 1 July 2013 section 7 Crimes Amendment Act 2013 Section 216F(2) amended 18 April 2012 section 325(8) Search and Surveillance Act 2012 Section 216F(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Intimate visual recordings Heading inserted 5 December 2006 section 4 Crimes (Intimate Covert Filming) Amendment Act 2006
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. Section 216G inserted 5 December 2006 section 4 Crimes (Intimate Covert Filming) Amendment Act 2006
216H: Prohibition on making intimate visual recording
Everyone is liable to imprisonment for a term not exceeding 3 years who intentionally or recklessly makes an intimate visual recording of another person. Section 216H inserted 5 December 2006 section 4 Crimes (Intimate Covert Filming) Amendment Act 2006
216I: Prohibition on possessing intimate visual recording in certain circumstances
1: Everyone is liable to imprisonment for a term not exceeding 3 years who has in his or her possession an intimate visual recording—
a: for the purpose of publishing, exporting or selling the intimate visual recording; and
b: knowing it to be an intimate visual recording, or being reckless as to whether it is an intimate visual recording.
2: Everyone is liable to imprisonment for a term not exceeding 1 year who, without reasonable excuse, has in his or her possession an intimate visual recording knowing it to be an intimate visual recording. Section 216I inserted 5 December 2006 section 4 Crimes (Intimate Covert Filming) Amendment Act 2006
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. Section 216J inserted 5 December 2006 section 4 Crimes (Intimate Covert Filming) Amendment Act 2006
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), unless the context otherwise requires,— courier network operator section 3 postal operator section 2(1) public data network section 5 service provider
a: means a person providing Internet access, email access, or both of those facilities, by means of a public data network; but
b: does not include a network operator. Section 216K inserted 5 December 2006 section 4 Crimes (Intimate Covert Filming) Amendment Act 2006 Section 216K(4) network operator amended 13 November 2018 section 40 Telecommunications (New Regulatory Framework) Amendment Act 2018
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), the court must give the following persons an opportunity to be heard:
a: the person convicted; and
b: any other person who, in the opinion of the court, would be directly affected by the making of the order.
4: If the court is satisfied that the intimate visual recording that was the subject of the prosecution, or any equipment, goods, or other thing used in respect of the commission of the offence, should be delivered to a person other than the person convicted, it may so order. Section 216L inserted 5 December 2006 section 4 Crimes (Intimate Covert Filming) Amendment Act 2006
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 Criminal Procedure Act 2011
b: if a notice of appeal is filed within the time so prescribed, until the determination of the appeal; and
c: if the application for leave to appeal is filed within the time so prescribed, until the application is determined, and, if leave to appeal is granted, until the determination of the appeal.
2: If the operation of any order is suspended until the determination of the appeal, the court determining the appeal may, by order, cancel or vary the order. Section 216M inserted 5 December 2006 section 4 Crimes (Intimate Covert Filming) Amendment Act 2006 Section 216M(1)﻿(a) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
216N: Protection from liability
1: This section applies to the following persons:
a: any constable
b: any Customs officer; and
c: any
ca: any employee of the Government Communications Security Bureau; 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) commits an offence against 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)
4: Subsection (3) does not apply in respect of anything done in bad faith or without reasonable cause.
5: The functions referred to in subsection (3) are functions relating to—
a: the prevention, detection, investigation, prosecution, or punishment of offences:
b: the conduct of proceedings in any court or tribunal:
c: security or safety.
6: Subsections (1) to (3) apply despite the fact that, but for this section, the act would have otherwise constituted an offence.
7: Where a person to whom subsection (1)﻿(a) to (f) applies has in his or her possession an intimate visual recording, the recording must not be kept longer than is required for the purpose of carrying out the functions referred to in subsection (5), and must then either be—
a: made available to the person who is the subject of the recording, if that person requests; or
b: immediately destroyed if the person who is the subject of the recording makes no request under paragraph (a). Section 216N inserted 5 December 2006 section 4 Crimes (Intimate Covert Filming) Amendment Act 2006 Section 216N(1)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 216N(1)﻿(c) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 216N(1)﻿(ca) inserted 28 September 2017 section 335 Intelligence and Security Act 2017
10: Crimes against rights of property
Part 10 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Interpretation Heading replaced 1 October 2003 section 15 Crimes Amendment Act 2003
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 Section 217 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Unlawful taking Heading inserted 1 October 2003 section 15 Crimes Amendment Act 2003
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 Section 218 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
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
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) Section 219 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
220: Theft by person in special relationship
1: This section applies to any person who has received or is in possession of, or has control over, any property on terms or in circumstances that the person knows require the person—
a: to account to any other person for the property, or for any proceeds arising from the property; or
b: to deal with the property, or any proceeds arising from the property, in accordance with the requirements of any other person.
2: Every one to whom subsection (1) applies commits theft who intentionally fails to account to the other person as so required or intentionally deals with the property, or any proceeds of the property, otherwise than in accordance with those requirements.
3: This section applies whether or not the person was required to deliver over the identical property received or in the person's possession or control.
4: For the purposes of subsection (1), it is a question of law whether the circumstances required any person to account or to act in accordance with any requirements. 1961 No 43 ss 222 223 224 Section 220 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
220A: Theft of livestock and other animals
A person commits theft and is liable to imprisonment for a term not exceeding 7 years if they steal any livestock or any other animal that is the property of any other person. Section 220A inserted 12 March 2019 section 7 Crimes Amendment Act 2019
221: Theft of parts of killed 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 Section 221 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Section 221 heading replaced 12 March 2019 section 10 Crimes Amendment Act 2019
222: Theft by spouse
or partner A person may be convicted of theft of another person's property even though those persons were married to , or in a civil union or a de facto relationship with, 1961 No 43 s 226 Section 222 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Section 222 heading amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 222 amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005
223: Punishment of theft
Every one who commits theft (except under section 220A
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 Section 223 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Section 223 amended 12 March 2019 section 11 Crimes Amendment Act 2019
224: Power of search for goods stolen or unlawfully obtained in transit
Section 224 repealed 1 October 2012 section 325(6) Search and Surveillance Act 2012
225: Power to search vehicles for goods stolen or obtained by crimes involving dishonesty
Section 225 repealed 1 October 2012 section 325(6) Search and Surveillance Act 2012
226: Conversion of vehicle or other conveyance
1: Every one is liable to imprisonment for a term not exceeding 7 years who, dishonestly and without claim of right, but not so as to be guilty of theft, takes or uses for his or her own purposes or another person's purposes—
a: any vehicle, ship, or aircraft; or
b: any part of any vehicle, ship, or aircraft; or
c: any horse.
2: Every one is liable to imprisonment for a term not exceeding 2 years who attempts to commit the offence in subsection (1) or who, dishonestly and without claim of right, interferes with, or gets into or upon, any vehicle, ship, or aircraft. 1961 No 43 s 228 Section 226 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
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 Section 227 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
228: Dishonestly taking or using document
1: 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.
2: Every person is liable to imprisonment for a term not exceeding 3 years who, without reasonable excuse, sells, transfers, or otherwise makes available any document knowing that—
a: the document was, dishonestly and without claim of right, taken, obtained, or used; and
b: the document was dealt with in the manner specified in paragraph (a) with intent to obtain any property, service, pecuniary advantage, or valuable consideration. 1961 No 43 s 229A Section 228 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Section 228(2) inserted 7 November 2015 section 10 Crimes Amendment Act 2015
228A: Designing, manufacturing, or adapting goods with intent to facilitate commission of crimes involving dishonesty
Every person is liable to imprisonment for a term not exceeding 3 years who designs, manufactures, or adapts goods with intent to facilitate the commission of a crime involving dishonesty. Section 228A inserted 7 November 2015 section 11 Crimes Amendment Act 2015
228B: Possessing, selling, or disposing of goods designed, manufactured, or adapted with intent to facilitate commission of crimes involving dishonesty
Every person is liable to imprisonment for a term not exceeding 3 years who, without lawful authority or excuse, possesses, sells, or disposes of any goods designed, manufactured, or adapted to facilitate the commission of a crime involving dishonesty, with intent to use, or to enable another person to use, the goods to facilitate the commission of a crime involving dishonesty. Section 228B inserted 7 November 2015 section 11 Crimes Amendment Act 2015
228C: Possessing goods capable of being used to facilitate crimes involving dishonesty with intent to facilitate commission of those offences
Every person is liable to imprisonment for a term not exceeding 3 years who, without lawful authority or excuse, possesses any goods capable of being used to facilitate the commission of a crime involving dishonesty (other than those specified in sections 227 233 264 Section 228C inserted 7 November 2015 section 11 Crimes Amendment Act 2015
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 Section 229 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
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. Section 230 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Burglary Heading inserted 1 October 2003 section 15 Crimes Amendment Act 2003
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 an imprisonable offence
b: having entered any building or ship, remains in it without authority and with intent to commit an imprisonable offence
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 Section 231 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Section 231(1)﻿(a) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 231(1)﻿(b) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
231A: Entry onto agricultural land with intent to commit imprisonable offence
1: A person commits an offence and is liable to imprisonment for a term not exceeding 10 years if they enter onto any land used for agricultural purposes, without authority and with intent to commit an imprisonable offence relating to any building or structure, livestock, animal, or machinery on that land.
2: For the purpose of this section,—
a: entry onto land occurs as soon as any part of the body of the person entering onto the land, or any part of any instrument used by that person, is within the boundaries of the land; and
b: everyone who gains entry onto land by any threat or artifice used for that purpose is to be treated as having entered without authority.
3: Sections 232 233
4: For the purpose of this section,— agricultural purposes land section 231 Section 231A inserted 12 March 2019 section 8 Crimes Amendment Act 2019
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 Section 232 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
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 imprisonable offence
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) Section 233 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Section 233(1)﻿(b) amended 1 July 2013 section 7 Crimes Amendment Act 2013 Robbery and blackmail Heading replaced 1 October 2003 section 15 Crimes Amendment Act 2003
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 Section 234 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
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 Section 235 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
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 Section 236 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
237: Blackmail
1: Every one commits blackmail who threatens, expressly or by implication, to make any accusation against any person (whether living or dead), to disclose something about any person (whether living or dead), or to cause serious damage to property or endanger the safety of any person with intent—
a: to cause the person to whom the threat is made to act in accordance with the will of the person making the threat; and
b: to obtain any benefit or to cause loss to any other person.
2: Every one who acts in the manner described in subsection (1) is guilty of blackmail, even though that person believes that he or she is entitled to the benefit or to cause the loss, unless the making of the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose.
3: In this section and in section 239 benefit 1961 No 43 s 238 Section 237 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
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) Section 238 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
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 Section 239 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Crimes involving deceit Heading replaced 1 October 2003 section 15 Crimes Amendment Act 2003
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.
1A: Every person is liable to imprisonment for a term not exceeding 3 years who, without reasonable excuse, sells, transfers, or otherwise makes available any document or thing capable of being used to derive a pecuniary advantage knowing that, by deception and without claim of right, the document or thing was, or was caused to be, delivered, executed, made, accepted, endorsed, or altered.
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 Section 240 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Section 240(1A) inserted 7 November 2015 section 12 Crimes Amendment Act 2015
240A: Application of section 240 to match-fixing
1: For the purposes of section 240 deception
a: the overall result of the activity; or
b: any event within the activity.
2: This subsection applies to activities of the following kinds:
a: sporting competitions, games, matches, races, and rallies involving human participants (whether or not they also involve equipment, horses, vehicles, or vessels):
b: dog races.
3: This section does not limit or affect the generality of section 240 Section 240A inserted 15 December 2014 section 4 Crimes (Match-fixing) Amendment Act 2014
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) Section 241 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
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
a: to induce any person, whether ascertained or not, to acquire any financial product within the meaning of the Financial Markets Conduct Act 2013
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 whether the statement is false in a material particular. 1961 No 43 s 250 Section 242 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Section 242(1) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 242(1)﻿(a) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Money laundering Heading inserted 1 October 2003 section 15 Crimes Amendment Act 2003
243: Money laundering
1: For the purposes of this section and sections 243A, 244 245 act 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 offence proceeds an offence property
2: Subject to sections 244 245 an offence an offence an offence
3: Subject to sections 244 245 an offence
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 an offence an offence
4: For the purposes of this section, a person engages in a money laundering transaction if, in concealing any property or by enabling any person to conceal any property,
a: deals with that property; or
b: assists any other person, whether directly or indirectly, to deal with that property.
4A: Despite anything in subsection (4), the prosecution is not required to prove that the defendant had an intent to—
a: conceal any property; or
b: enable any person to conceal any 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 defendant
b: it is no defence that the defendant
6: Nothing in this section or in sections 244 245
7: To avoid doubt, for the purposes of the definition of offence in subsection (1), New Zealand law includes, but is not limited to, the Misuse of Drugs Act 1975 1961 No 43 ss 233 Section 243 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Section 243(1) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 243(1) act inserted 7 November 2015 section 13(1) Crimes Amendment Act 2015 Section 243(1) offence inserted 7 November 2015 section 13(1) Crimes Amendment Act 2015 Section 243(1) proceeds amended 7 November 2015 section 13(2) Crimes Amendment Act 2015 Section 243(1) serious offence repealed 7 November 2015 section 13(3) Crimes Amendment Act 2015 Section 243(2) amended 7 November 2015 section 13(4) Crimes Amendment Act 2015 Section 243(3) amended 7 November 2015 section 13(4) Crimes Amendment Act 2015 Section 243(3)﻿(b) amended 7 November 2015 section 13(4) Crimes Amendment Act 2015 Section 243(4) amended 7 November 2015 section 13(5) Crimes Amendment Act 2015 Section 243(4A) inserted 7 November 2015 section 13(6) Crimes Amendment Act 2015 Section 243(5)﻿(a) amended 7 November 2015 section 13(7) Crimes Amendment Act 2015 Section 243(5)﻿(a) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 243(5)﻿(b) amended 7 November 2015 section 13(7) Crimes Amendment Act 2015 Section 243(5)﻿(b) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 243(7) inserted 7 November 2015 section 13(8) Crimes Amendment Act 2015
243A: Charges for money laundering
A person may be charged under section 243(2) or (3)
a: has not been charged with that offence; or
b: has not been convicted of that offence. Section 243A replaced 7 November 2015 section 14 Crimes Amendment Act 2015
244: Defence of enforcement of enactment
It is a defence to a charge under section 243
a: the enforcement or intended enforcement of section 243
b: the enforcement or intended enforcement of the Criminal Proceeds (Recovery) Act 2009
ba: the enforcement or intended enforcement of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009
c: the enforcement or intended enforcement of the Financial Transactions Reporting Act 1996 1961 No 43 s 257A(6) Section 244 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Section 244(a) amended 7 November 2015 section 15 Crimes Amendment Act 2015 Section 244(b) amended 1 December 2009 section 176 Criminal Proceeds (Recovery) Act 2009 Section 244(ba) inserted 17 October 2009 section 161(2) Anti-Money Laundering and Countering Financing of Terrorism Act 2009
245: Application of section 243 to acts outside New Zealand
1: Section 243
a: the act was an offence under the law of the place where and when it occurred; or
b: it is an act to which section 7 7A
c: an enactment provides that the act is an offence in New Zealand, and no additional requirement exists for the act to be an offence in the place where and when it occurred.
2: If a person is charged with an offence under section 243 Section 245 replaced 7 November 2015 section 16 Crimes Amendment Act 2015 Receiving Heading inserted 1 October 2003 section 15 Crimes Amendment Act 2003
246: Receiving
1: Every one is guilty of receiving who receives any property stolen or obtained by any other imprisonable offence
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 an imprisonable offence an imprisonable offence
3: The act of receiving any property stolen or obtained by any other imprisonable offence
4: If—
a: any property stolen or obtained by any other imprisonable offence
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 imprisonable offence
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 Section 246 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Section 246(1) amended 1 July 2013 section 7 Crimes Amendment Act 2013 Section 246(2) amended 1 July 2013 section 7 Crimes Amendment Act 2013 Section 246(3) amended 1 July 2013 section 7 Crimes Amendment Act 2013 Section 246(4) amended 1 July 2013 section 7 Crimes Amendment Act 2013 Section 246(4)﻿(a) amended 1 July 2013 section 7 Crimes Amendment Act 2013
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) Section 247 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Crimes involving computers Heading replaced 1 October 2003 section 15 Crimes Amendment Act 2003
248: Interpretation
For the purposes of this section and sections 249 to 252 access authorisation computer system
a: means—
i: a computer; or
ii: 2 or more interconnected computers; or
iii: any communication links between computers or to remote terminals or another device; or
iv: 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device; and
b: includes any part of the items described in paragraph (a) and all related input, output, processing, storage, software, or communication facilities, and stored data. Section 248 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Section 248 amended 13 July 2011 section 4(1) Crimes Amendment Act 2011 Section 248 authorisation inserted 13 July 2011 section 4(2) Crimes Amendment Act 2011
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) Section 249 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
250: Damaging or interfering with computer system
1: Every one is liable to imprisonment for a term not exceeding 10 years who intentionally or recklessly destroys, damages, or alters any computer system if he or she knows or ought to know that danger to life is likely to result.
2: Every one is liable to imprisonment for a term not exceeding 7 years who intentionally or recklessly, and without authorisation, knowing that he or she is not authorised, or being reckless as to whether or not he or she is authorised,—
a: damages, deletes, modifies, or otherwise interferes with or impairs any data or software in any computer system; or
b: causes any data or software in any computer system to be damaged, deleted, modified, or otherwise interfered with or impaired; or
c: causes any computer system to—
i: fail; or
ii: deny service to any authorised users. Section 250 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
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 an offence
b: that he or she promotes as being useful for the commission of an offence an offence
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 an offence 1961 No 43 ss 216D(1) 229 244 Section 251 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Section 251(1)﻿(a) amended 1 July 2013 section 7 Crimes Amendment Act 2013 Section 251(1)﻿(b) amended 1 July 2013 section 7 Crimes Amendment Act 2013 Section 251(2)﻿(b) amended 1 July 2013 section 7 Crimes Amendment Act 2013
252: Accessing computer system without authorisation
1: Every one is liable to imprisonment for a term not exceeding 2 years who intentionally accesses, directly or indirectly, any computer system without authorisation, knowing that he or she is not authorised to access that computer system, or being reckless as to whether or not he or she is authorised to access that computer system.
2: To avoid doubt, subsection (1) does not apply if a person who is authorised to access a computer system accesses that computer system for a purpose other than the one for which that person was given access.
3: Section 252 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Section 252(3) repealed 13 July 2011 section 5 Crimes Amendment Act 2011
253: Qualified exemption to access without authorisation offence for New Zealand Security Intelligence Service
Section 253 repealed 13 July 2011 section 6 Crimes Amendment Act 2011
254: Qualified exemption to access without authorisation offence for Government Communications Security Bureau
Section 254 repealed 13 July 2011 section 6 Crimes Amendment Act 2011 Forgery and counterfeiting Heading inserted 1 October 2003 section 15 Crimes Amendment Act 2003
255: Interpretation
For the purposes of this section and sections 256 263 bank note false 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 Section 255 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
256: Forgery
1: Every one is liable to imprisonment for a term not exceeding 10 years who makes a false document with the intention of using it to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration.
2: Every one is liable to imprisonment for a term not exceeding 3 years who makes a false document, knowing it to be false, with the intent that it in any way be used or acted upon, whether in New Zealand or elsewhere, as genuine.
3: Forgery is complete as soon as the document is made with the intent described in subsection (1) or with the knowledge and intent described in subsection (2).
4: Forgery is complete even though the false document may be incomplete, or may not purport to be such a document as would be binding or sufficient in law, if it is so made and is such as to indicate that it was intended to be acted upon as genuine.
5: Every person is liable to imprisonment for a term not exceeding 3 years who, without reasonable excuse, sells, transfers, or otherwise makes available any false document knowing it to be false and to have been made with the intention that it be used or acted on (in New Zealand or elsewhere) as genuine. 1961 No 43 ss 264 265 Section 256 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Section 256(5) inserted 7 November 2015 section 17 Crimes Amendment Act 2015
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 Section 257 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
258: Altering, concealing, destroying, or reproducing documents with intent to deceive
1: Every one is liable to imprisonment for a term not exceeding 10 years who, with intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit, or valuable consideration, or to cause loss to any other person,—
a: alters, conceals, or destroys any document, or causes any document to be altered, concealed, or destroyed; or
b: makes a document or causes a document to be made that is, in whole or in part, a reproduction of any other document.
2: An offence against subsection (1) is complete as soon as the alteration or document is made with the intent referred to in that subsection, although the offender may not have intended that any particular person should—
a: use or act upon the document altered or made; or
b: act on the basis of the absence of the document concealed or destroyed; or
c: be induced to do or refrain from doing anything.
3: Every person is liable to imprisonment for a term not exceeding 3 years who, without reasonable excuse, sells, transfers, or otherwise makes available any document knowing that—
a: the document was altered, concealed, or made, in whole or in part, as a reproduction of another document; and
b: the document was dealt with in the manner specified in paragraph (a) with intent to—
i: obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
ii: cause loss to any other person. 1961 No 43 ss 231 256 Section 258 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Section 258(3) inserted 7 November 2015 section 18 Crimes Amendment Act 2015
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 Section 259 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
260: False accounting
Every one is liable to imprisonment for a term not exceeding 10 years who, with intent to obtain by deception any property, privilege, service, pecuniary advantage, benefit, or valuable consideration, or to deceive or cause loss to any other person,—
a: makes or causes to be made, or concurs in the making of, any false entry in any book or account or other document required or used for accounting purposes; or
b: omits or causes to be omitted, or concurs in the omission of, any material particular from any such book or account or other document; or
c: makes any transfer of any interest in a stock, debenture, or debt in the name of any person other than the owner of that interest. 1961 No 43 ss 251–254 Section 260 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
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 Section 261 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
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 Section 262 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
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 Section 263 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
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 Section 264 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
265: Imitating authorised or customary marks
1: Every one is liable to imprisonment for a term not exceeding 5 years who dishonestly counterfeits or imitates any mark, word, or description that is—
a: impressed or otherwise made, or written upon, or affixed to, any chattel, or upon or to any thing containing or connected with any chattel; and
b: a mark, word, or description that is by recognised practice understood to denote that the thing upon or to which it is impressed, made, written, or affixed has been examined and certified to be of a particular quality by any particular officer or other person.
2: Subsection (1) applies whether the officer or other person referred to in subsection (1)﻿(b) is or is not expressly authorised by law to so certify. 1961 No 43 ss 280 281 Section 265 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Coinage Heading inserted 1 October 2003 section 15 Crimes Amendment Act 2003
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 Section 266 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Arson, damage, and waste Heading inserted 1 October 2003 section 15 Crimes Amendment Act 2003
267: Arson
1: Every one commits arson and is liable to imprisonment for a term not exceeding 14 years who—
a: intentionally or recklessly damages by fire or by means of any explosive any property if he or she knows or ought to know that danger to life is likely to ensue; or
b: intentionally or recklessly, and without claim of right, damages by fire or by means of any explosive any immovable property, or any vehicle, ship, or aircraft, in which that person has no interest; or
c: intentionally damages by fire or by means of any explosive any immovable property, or any vehicle, ship or aircraft, with intent to obtain any benefit, or to cause loss to any other person.
2: Every one commits arson and is liable to imprisonment for a term not exceeding 7 years who—
a: intentionally or recklessly, and without claim of right, damages by fire or by means of any explosive any property in which that person has no interest (other than property referred to in subsection (1)); or
b: intentionally or recklessly damages by fire or by means of any explosive any property (other than property referred to in subsection (1)) with intent to obtain any benefit, or with intent to cause loss to any other person.
3: Every one is liable to imprisonment for a term not exceeding 5 years who intentionally damages by fire or by means of any explosive any property with reckless disregard for the safety of any other property.
4: In this section and in section 269 benefit 1961 No 43 ss 294 296 Section 267 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
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 Section 268 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
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 Section 269 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
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 Section 270 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
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 Section 271 replaced 1 October 2003 section 15 Crimes Amendment Act 2003
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 an offence 1961 No 43 s 305 Section 272 replaced 1 October 2003 section 15 Crimes Amendment Act 2003 Section 272 amended 1 July 2013 section 7 Crimes Amendment Act 2013
273: Using probate obtained by forgery or perjury
Section 273 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
274: Paper or implements for forgery
Section 274 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
275: Counterfeiting stamps
Section 275 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
276: Falsifying registers
Section 276 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
277: Falsifying extracts from registers
Section 277 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
278: Uttering false certificates
Section 278 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
279: Forging certificates
Section 279 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
280: Imitating authorised marks
Section 280 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
281: Imitating customary marks
Section 281 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
282: Interpretation
Section 282 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
283: Preparations for coining
Section 283 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
284: Counterfeiting coin
Section 284 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
285: Altering coin
Section 285 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
286: Impairing coin
Section 286 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
287: Defacing coin
Section 287 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
288: Melting coin
Section 288 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
289: Possessing counterfeit coin
Section 289 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
290: Uttering counterfeit coin
Section 290 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
291: Buying and selling counterfeit coin
Section 291 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
292: Importing and exporting counterfeit coin
Section 292 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
293: What constitutes criminal damage
Section 293 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
294: Arson
Section 294 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
295: Attempted arson
Section 295 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
296: Damage to other property by fire or explosive
Section 296 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
297: Attempt to damage property by fire or explosive
Section 297 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
298: Wilful damage
Section 298 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
298A: Causing disease or sickness in animals
1: Every one is liable to imprisonment for a term not exceeding 10 years who, without lawful justification or reasonable excuse, directly or indirectly causes or produces in an animal a disease or sickness that causes a situation of a kind described in subsection (2) to occur, either—
a: intending a situation of that kind to occur; or
b: being reckless as to whether a situation of that kind occurs.
2: A situation of a kind referred to in subsection (1) is a situation that—
a: constitutes a serious risk to the health or safety of an animal population; and
b: is likely, directly or indirectly, to cause major damage to the national economy of New Zealand. Section 298A inserted 17 November 2003 section 5 Crimes Amendment Act (No 2) 2003
298B: Contaminating food, crops, water, or other products
Every one is liable to imprisonment for a term not exceeding 10 years who contaminates food, crops, water, or any other products, without lawful justification or reasonable excuse, and either knowing or being reckless as to whether the food, crops, water, or products are intended for human consumption, and—
a: intending to harm a person or reckless as to whether any person is harmed; or
b: intending to cause major economic loss to a person or reckless as to whether major economic loss is caused to any person; or
c: intending to cause major damage to the national economy of New Zealand or reckless as to whether major damage is caused to the national economy of New Zealand. Section 298B inserted 17 November 2003 section 5 Crimes Amendment Act (No 2) 2003
299: Wilful waste or diversion of water, gas, or electricity
Section 299 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
300: Interfering with means of transport
Section 300 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
301: Wrecking
Section 301 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
302: Attempting to wreck
Section 302 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
303: Interfering with signals, etc
Section 303 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
304: Interfering with mines
Section 304 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
305: Providing explosive to commit crime
Section 305 repealed 1 October 2003 section 15 Crimes Amendment Act 2003
11: Threatening, conspiring, and attempting to commit offences
306: Threatening to kill or do grievous bodily harm
1: Every one is liable to imprisonment for a term not exceeding 7 years who—
a: threatens to kill or do grievous bodily harm to any person; or
b: sends or causes to be received, knowing the contents thereof, any letter or writing containing any threat to kill or do grievous bodily harm to any person.
2: 1908 No 32 s 342 1941 No 10 Schedule Section 306(2) repealed 30 June 2002 section 164(b) Sentencing Act 2002
307: Threatening to destroy property
1: Every one is liable to imprisonment for a term not exceeding 3 years who sends or causes to be received, knowing the contents thereof, any letter or writing threatening to destroy or damage any property, or to destroy or injure any animal.
2: Nothing shall be an offence against subsection (1) unless it is done without lawful justification or excuse, and without claim of right 1908 No 32 s 343 1941 No 10 Schedule Section 307(2) amended 1 October 2003 section 16 Crimes Amendment Act 2003
307A: Threats of harm to people or property
1: Every one is liable to imprisonment for a term not exceeding 7 years if, without lawful justification or reasonable excuse, and intending to achieve the effect stated in subsection (2), he or she—
a: threatens to do an act likely to have 1 or more of the results described in subsection (3); or
b: communicates information—
i: that purports to be about an act likely to have 1 or more of the results described in subsection (3); and
ii: that he or she believes to be false.
2: The effect is causing a significant disruption of 1 or more of the following things:
a: the activities of the civilian population of New Zealand:
b: something that is or forms part of an infrastructure facility in New Zealand:
c: civil administration in New Zealand (whether administration undertaken by the Government of New Zealand or by institutions such as local authorities, District Health Boards, or boards
d: commercial activity in New Zealand (whether commercial activity in general or commercial activity of a particular kind).
3: The results are—
a: creating a risk to the health of 1 or more people:
b: causing major property damage:
c: causing major economic loss to 1 or more persons:
d: causing major damage to the national economy of New Zealand.
4: To avoid doubt, the fact that a person engages in any protest, advocacy, or dissent, or engages in any strike, lockout, or other industrial action, is not, by itself, a sufficient basis for inferring that a person has committed an offence against subsection (1). Section 307A inserted 17 November 2003 section 6 Crimes Amendment Act (No 2) 2003 Section 307A(2)﻿(c) amended 1 August 2020 section 668 Education and Training Act 2020
308: Threatening acts in relation to dwellinghouses and persons in dwellinghouses
Every one is liable to imprisonment for a term not exceeding 3 years who, with intent to intimidate or annoy any person,—
a: breaks or damages or threatens to break or damage any dwellinghouse; or
b: by threatening behaviour, alarms or attempts to alarm any person in a dwellinghouse. 1908 No 32 ss 344, 345 Section 308 heading replaced 5 April 2023 section 4(1) Criminal Activity Intervention Legislation Act 2023 Section 308(b) replaced 5 April 2023 section 4(2) Criminal Activity Intervention Legislation Act 2023
308A: Discharging firearm to intimidate
1: A person commits an offence who discharges a firearm intending to intimidate 1 or more other persons.
2: A person who is convicted of an offence under subsection (1) is liable to a term of imprisonment not exceeding 5 years. Section 308A inserted 5 April 2023 section 5 Criminal Activity Intervention Legislation Act 2023
309: Conspiring to prevent collection of rates or taxes
Every one is liable to imprisonment for a term not exceeding 2 years who conspires with any other person by force or intimidation to prevent the collection of any rates or taxes the levying and collection of which is authorised by law. 1908 No 32 s 346
310: Conspiring to commit offence
1: Subject to the provisions of subsection (2), every one who conspires with any person to commit any offence, or to do or omit, in any part of the world, anything of which the doing or omission in New Zealand would be an offence, is liable to imprisonment for a term not exceeding 7 years if the maximum punishment for that offence exceeds 7 years' imprisonment, and in any other case is liable to the same punishment as if he or she had committed that offence.
2: This section shall not apply where a punishment for the conspiracy is otherwise expressly prescribed by this Act or by some other enactment.
3: Where under this section any one is charged with conspiring to do or omit anything anywhere outside New Zealand, it is a defence to prove that the doing or omission of the act to which the conspiracy relates was not an offence under the law of the place where it was, or was to be, done or omitted. 1908 No 32 ss 347, 348
311: Attempt to commit or procure commission of offence
1: Every one who attempts to commit any offence in respect of which no punishment for the attempt is expressly prescribed by this Act or by some other enactment is liable to imprisonment for a term not exceeding 10 years if the maximum punishment for that offence is imprisonment for life, and in any other case is liable to not more than half the maximum punishment to which he or she would have been liable if he or she had committed that offence.
2: Every one who incites, counsels, or attempts to procure any person to commit any offence, when that offence is not in fact committed, is liable to the same punishment as if he or she had attempted to commit that offence, unless in respect of any such case a punishment is otherwise expressly provided by this Act or by some other enactment. 1908 No 32 ss 349, 350, 351 1922 No 35 s 3
312: Accessory after the fact to crime
Every one who is accessory after the fact to any imprisonable offence an offence in respect of for that offence committed the offence 1908 No 32 ss 352, 353 Section 312 amended 1 July 2013 section 7 Crimes Amendment Act 2013
11A: Obtaining evidence by interception devices
Part 11A repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012 Interpretation Heading repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012
312A: Interpretation
Section 312A repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012 Applications for interception warrants in relation to organised criminal enterprises Heading repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012
312B: Application by Police for warrant to intercept private communications
Section 312B repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012
312C: Matters on which Judge must be satisfied in respect of applications
Section 312C repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012 Applications for interception warrants in relation to serious violent offences Heading repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012
312CA: Application by Police for warrant to intercept private communications in relation to serious violent offences
Section 312CA repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012
312CB: Matters on which Judge must be satisfied in respect of applications relating to serious violent offences
Section 312CB repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012
312CC: Application by Police for warrant to intercept private communications relating to terrorist offences
Section 312CC repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012
312CD: Matters of which Judge must be satisfied in respect of applications relating to terrorist offences
Section 312CD repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012 General provisions Heading repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012
312D: Contents and term of warrant
Section 312D repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012
312E: Effect of warrant
Section 312E repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012
312F: Renewal of warrants
Section 312F repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012
312G: Emergency permits
Section 312G repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012
312H: Security of applications
Section 312H repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012
312I: Destruction of irrelevant records made by use of
interception device Section 312I repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012
312J: Destruction of relevant records made by use of
interception device Section 312J repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012
312K: Prohibition on disclosure of private communications lawfully intercepted
Section 312K repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012
312L: Notice to be given of intention to produce evidence of private communication
Section 312L repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012
312M: Inadmissibility of evidence of private communications unlawfully intercepted
Section 312M repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012
312N: Restriction on admissibility of evidence of private communications lawfully intercepted
Section 312N repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012
312O: Privileged evidence
Section 312O repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012
312P: Report to be made to Judge on use of warrant or permit
Section 312P repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012
312Q: Commissioner of Police to give information to Parliament
Section 312Q repealed 18 April 2012 section 325(9) Search and Surveillance Act 2012
12: Procedure
313: General provisions as to procedure
Section 313 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
314: Procedure where prior consent to prosecution required
Section 314 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 General power to stop vehicles to exercise statutory search powers Heading repealed 1 October 2012 section 325(6) Search and Surveillance Act 2012
314A: Statutory search power
Section 314A repealed 1 October 2012 section 325(6) Search and Surveillance Act 2012
314B: General power to stop vehicles
Section 314B repealed 1 October 2012 section 325(6) Search and Surveillance Act 2012
314C: Powers incidental to stopping vehicles under section 314B
Section 314C repealed 1 October 2012 section 325(6) Search and Surveillance Act 2012
314D: Offences relating to stopping vehicles under section 314B
Section 314D repealed 1 October 2012 section 325(6) Search and Surveillance Act 2012 Arrest
315: Arrest without warrant
1: No one shall be arrested without warrant except pursuant to the provisions of—
a: this Act; or
b: some other enactment expressly giving power to arrest without warrant.
2: Any constable, and all persons whom he or she calls to his or her assistance, may arrest and take into custody without a warrant—
a: any person whom he or she finds disturbing the public peace or committing any offence punishable by
b: any person whom he or she has good cause to suspect of having committed a breach of the peace or any offence punishable by
c:
d:
e:
3: The foregoing provisions of this section shall be read subject to the express provisions of any enactment imposing any limitations, restrictions, or conditions on the exercise of any power to arrest without warrant conferred on any constable by that enactment in respect of any specified offence or class of offences.
4: Where under any enactment other than this Act any officer or person, not being a constable, has power to arrest any other person without warrant, any constable may exercise that power in the same cases and in the same manner as that officer or person.
5: Nothing in this section shall limit or affect any of the provisions of Part 3 1908 No 32 ss 358, 359, 360 1927 No 35 ss 3D(2), 73 1952 No 42 s 11 1958 No 87 s 2(2) 1960 No 119 s 2(1) Section 315(2)﻿(a) amended 26 December 1989 section 3(5) Abolition of the Death Penalty Act 1989 Section 315(2)﻿(b) amended 26 December 1989 section 3(5) Abolition of the Death Penalty Act 1989 Section 315(2)﻿(c) repealed 1 February 1982 section 51(1) Summary Offences Act 1981 Section 315(2)﻿(d) repealed 1 February 1982 section 51(1) Summary Offences Act 1981 Section 315(2)﻿(e) repealed 1 February 1982 section 51(1) Summary Offences Act 1981
316: Duty of persons arresting
1: It is the duty of every one arresting any other person to inform the person he or she is arresting, at the time of the arrest, of the act or omission for which the person is being arrested, unless it is impracticable to do so, or unless the reason for the arrest is obvious in the circumstances. The act or omission need not be stated in technical or precise language, and may be stated in any words sufficient to give that person notice of the true reason for his or her arrest.
2: It is the duty of every one who arrests any other person pursuant to any process or warrant—
a: if he or she has the process or warrant, or a copy of it, in his or her possession at the time of the arrest, to produce it if required by that person to do so:
b: if he or she does not have the process or warrant, or a copy of it, in his or her possession at the time of the arrest, to show it to the arrested person as soon as practicable after the arrest, if that person so requires.
3: Where under any enactment any person other than a constable has, by virtue of his or her office, a power of arrest without warrant, he or she shall, whenever he or she arrests any other person pursuant to that power,—
a: if he or she has evidence of his or her appointment to that office in his or her possession at the time of the arrest, produce it if required by that person to do so:
b: if he or she does not have evidence of his or her appointment in his or her possession at the time of the arrest, show it to the arrested person as soon as practicable after the arrest, if that person so requires.
4: A failure to fulfil any of the duties mentioned in the foregoing provisions of this section shall not of itself deprive the person arresting, or his or her assistants, of protection from criminal responsibility, but shall be relevant to the inquiry whether the arrest might not have been effected, or the process or warrant executed, by reasonable means in a less violent manner.
5: Every person who is arrested on a charge of any offence shall be brought before a court, as soon as possible, to be dealt with according to law.
5A: The obligation under subsection (5) ceases if the person is—
a: released following the service of a summons under section 28
b: released on bail under section 21
c: otherwise released from custody.
6: Nothing in this section shall limit or affect the express provisions of any enactment whereby—
a: the burden of proving the absence of reasonable or probable cause, or the absence of justification, for any arrest is on any person:
b: any person having, by virtue of his or her office, a power of arrest without warrant is entitled, in any specified circumstances, to exercise that power without the production of evidence of his or her appointment to that office, or is required, in exercising the power, to comply with any specified conditions or restrictions in addition to or instead of producing evidence of his or her appointment. 1908 No 32 s 61 Section 316(2)﻿(a) replaced 5 March 2012 section 4(1) Crimes Amendment Act (No 4) 2011 Section 316(2)﻿(b) replaced 5 March 2012 section 4(1) Crimes Amendment Act (No 4) 2011 Section 316(5A) inserted 1 July 2013 section 4(2) Crimes Amendment Act (No 4) 2011
317: Power to enter premises to arrest offender or prevent offence
Section 317 repealed 1 October 2012 section 325(6) Search and Surveillance Act 2012
317A: Power to stop vehicles for purpose of arrest
Section 317A repealed 1 October 2012 section 325(6) Search and Surveillance Act 2012
317AA: Powers incidental to stopping vehicles under section 317A
Section 317AA repealed 1 October 2012 section 325(6) Search and Surveillance Act 2012
317AB: Offences relating to stopping vehicles under section 317A
Section 317AB repealed 1 October 2012 section 325(6) Search and Surveillance Act 2012
317B: Road blocks
Section 317B repealed 1 October 2012 section 325(6) Search and Surveillance Act 2012 Bail Heading repealed 1 January 2001 section 74(2) Bail Act 2000
318: When bail not allowable
Section 318 repealed 1 January 2001 section 74(2) Bail Act 2000
319: Rules as to granting bail
Section 319 repealed 1 January 2001 section 74(2) Bail Act 2000
319A: Detention while bail bond prepared and signed
Section 319A repealed 1 January 2001 section 74(2) Bail Act 2000
319B: Variation of conditions of bail
Section 319B repealed 1 January 2001 section 74(2) Bail Act 2000
320: Arrest of absconder
Section 320 repealed 1 January 2001 section 74(2) Bail Act 2000
320A: Person on bail may be arrested without warrant in certain circumstances
Section 320A repealed 1 January 2001 section 74(2) Bail Act 2000
320B: Failure to answer bail
Section 320B repealed 1 January 2001 section 74(2) Bail Act 2000
320C: Non-performance of condition of bail bond to be certified by Judge
Section 320C repealed 1 January 2001 section 74(2) Bail Act 2000 Plea of guilty after committal for trial Heading repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
321: Person committed for trial may plead guilty before trial
Section 321 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Change of venue Heading repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
322: Changing venue or sitting
Section 322 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
323: Powers of court of committal as to custody or bail of accused
Section 323 repealed 1 January 2001 section 74(2) Bail Act 2000
324: Attendance of witnesses at substituted court
Section 324 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
325: Powers of substituted court to compel attendance
Section 325 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
326: Trial in substituted court
Section 326 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
327: Witnesses' expenses where indictment removed at instance of the Crown
Section 327 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Indictments Heading repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
328: Form of indictment
Section 328 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
329: Contents of counts
Section 329 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
330: Crimes may be charged in the alternative
Section 330 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
331: Certain objections not to vitiate counts
Section 331 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
332: Indictment for perjury or fraud
Section 332 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
333: General provisions as to counts not affected
Section 333 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
334: Further particulars
Section 334 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
335: Variance and amendment
Section 335 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
336: Indictment for treason
Section 336 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
337: Attempt proved when crime is charged
Section 337 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
338: Crime proved when attempt is charged
Section 338 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
339: Part of charge proved
Section 339 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
340: Joinder of counts
Section 340 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
341: Charge of previous conviction
Section 341 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
342: Objections to indictment
Section 342 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
343: Indictment of parties
Section 343 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
344: Accessories after the fact, and receivers
Section 344 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
344AA: Money launderers
Section 344AA repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Evidence Heading repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
344A: Interlocutory order relating to admissibility of evidence
Section 344A repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Identification evidence Heading inserted 11 December 1982 Crimes Amendment Act 1982
344B: Attendance at identification parade voluntary
1: No person charged with an offence shall be compelled to attend an identification parade.
2: If any person charged with an offence does attend an identification parade, he or she shall be entitled to have his or her solicitor present.
3: Where a person charged with an offence has refused to attend an identification parade, no comment adverse to the person charged shall be made thereon. Section 344B inserted 11 December 1982 Crimes Amendment Act 1982
344C: Information relating to identification witness to be supplied to defendant
Section 344C repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
344D: Jury to be warned where principal evidence relates to identification
Section 344D repealed 1 August 2007 section 215 Evidence Act 2006 Filing indictment Heading repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
345: Filing indictment
Section 345 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
345A: Time for filing indictment
Section 345A repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
345B: Extension of time for filing indictment
Section 345B repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
345C: Trial Judge may excuse disclosure of information relating to Police investigations
Section 345C repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
345D: Leave to file amended indictments
Section 345D repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
346: Failure of prosecutor to file indictment
Section 346 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
347: Power to discharge accused
Section 347 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
348: Copy of indictment
Section 348 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
349: Special provisions in case of treason
Section 349 repealed 26 December 1989 section 3(1)﻿(a) Abolition of the Death Penalty Act 1989 Trial and sentence Heading repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
350: Bench warrant
Section 350 repealed 1 January 2001 section 74(2) Bail Act 2000
351: Failure of witness to attend
Section 351 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
352: Refusal of witness to give evidence
Section 352 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
353: Record of proceedings
Section 353 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
354: Right to be defended
Section 354 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
355: Arraignment
Section 355 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
356: Plea
Section 356 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
357: Special pleas
Section 357 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
358: Pleas of previous acquittal and conviction
Section 358 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
359: Second accusation
Section 359 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
360: Evidence of former trial
Section 360 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
361: Plea on behalf of corporation
Section 361 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
361A: Trial before a Judge with a jury general rule
Section 361A repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
361B: Accused may apply for trial before a Judge without a jury
Section 361B repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
361C: Judge may order trial without a jury in certain cases
Section 361C repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
361D: Judge may order trial without jury in certain cases that are likely to be long and complex
Section 361D repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
361E: Judge may order trial without jury in cases involving intimidation of juror or jurors
Section 361E repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
362: Challenging the array
Section 362 repealed 1 May 1982 section 37(1) Juries Act 1981
363: Challenges and directions to stand by
Section 363 repealed 1 May 1982 section 37(1) Juries Act 1981
364: Caution to accused when undefended
Section 364 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
365: Question to accused when undefended
Section 365 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
366: Comment on failure to give evidence
Section 366 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
366A: Unsworn statement prohibited
Section 366A repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
367: Evidence and addresses
Section 367 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
367A: Notice of alibi
Section 367A repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
368: Adjourning trial for witnesses
Section 368 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
369: Admissions
Section 369 repealed 1 August 2007 section 215 Evidence Act 2006
369A: Prosecution may withdraw in certain cases
Section 369A repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
370: Jury retiring to consider verdict
Section 370 repealed 29 June 2009 section 19(2) Juries Amendment Act 2008
371: Motion in arrest of judgment. Sentence
Section 371 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
372: Correction of erroneous sentence
Section 372 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
373: Discretion to keep jury together
Section 373 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
374: Discharge of juror or jury
Section 374 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
375: Power to clear court and forbid report of proceedings
Section 375 repealed 1 October 1985 Crimes Amendment Act (No 2) 1985
375A: Special provisions in cases of sexual nature
Section 375A repealed 5 March 2012 (applying in relation to a proceeding for an offence that was commenced before that date) section 393 Criminal Procedure Act 2011
376: Presence of the accused
Section 376 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
377: Proceedings on Sunday
Section 377 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
378: Stay of proceedings
Section 378 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Retrials of previously acquitted persons Heading repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
378A: Order for retrial may be granted if acquittal tainted
Section 378A repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
378B: Meaning of terms used in sections 378C and 378D
Section 378B repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
378C: Consent of Solicitor-General required in certain circumstances for exercise of powers in relation to acquitted person
Section 378C repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
378D: Order for retrial may be granted by Court of Appeal if new and compelling evidence discovered
Section 378D repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
378E: Orders to safeguard fairness of retrial
Section 378E repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
378F: Effect of order for retrial
Section 378F repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
13: Appeals
Part 13 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
379: Interpretation
Section 379 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Appeal on matters arising before trial Heading repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
379A: Right of appeal in certain cases
Section 379A repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
379AB: Appeal against decision of Court of Appeal on appeal against certain orders
Section 379AB repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Appeal on question of bail Heading repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
379B: Appeal from decision of High Court relating to bail
Section 379B repealed 1 January 2001 section 74(2) Bail Act 2000
379C: Procedural provisions relating to appeal on question of bail
Section 379C repealed 1 January 2001 section 74(2) Bail Act 2000
379CA: Appeal against order in respect of costs
Section 379CA repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
379D: Execution of decision of Court of Appeal
Section 379D repealed 1 January 2001 section 74(2) Bail Act 2000 Appeal on question of law Heading repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
380: Reserving question of law
Section 380 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
381: Appeal where no question reserved
Section 381 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
381A: Question of law arising out of discharge under section 347 or stay of prosecution may be referred to Court of Appeal
Section 381A repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
382: Powers of Court of Appeal where appeal is on question of law
Section 382 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Appeal against conviction or sentence Heading repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
383: Right of appeal against conviction or sentence
Section 383 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
383A: Appeal against decision of Court of Appeal on appeal against conviction or sentence
Section 383A repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
384: Right of appeal against sentence or conviction for contempt of court
Section 384 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
384A: Jurisdiction in certain cases where appeals lie to different courts
Section 384A repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
385: Determination of appeals in ordinary cases
Section 385 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
386: Powers of
appellate courts Section 386 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
387: Revesting and restitution of property on conviction
Section 387 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
388: Time for appealing
Section 388 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
389: Supplemental powers of
appellate courts Section 389 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
390: Duty of Solicitor-General
Section 390 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
391: Costs of appeal
Section 391 repealed 1 April 1968 section 14(2) Costs in Criminal Cases Act 1967
392: Duties of Registrar with respect to notices of appeal, etc
Section 392 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 General provisions as to appeals Heading repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
392A: Decision about mode of hearing
Section 392A repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
392B: Hearings on the papers
Section 392B repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
393: Certain powers exercisable by 1 Judge
Section 393 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
394: Evidence for
appellate courts Section 394 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
395: Right of appellant to be represented
, and restriction on attendance Section 395 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
396: Power to forbid report of proceedings, etc
Section 396 repealed 17 December 1985 Crimes Amendment Act (No 4) 1985
397: Granting of bail to appellant, and custody pending appeal
Section 397 repealed 1 January 2001 section 74(2) Bail Act 2000
398: Judgment of Court of Appeal
Section 398 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
399: Intermediate effects of appeal
Section 399 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
14: Miscellaneous provisions
400: Consent of Attorney-General to certain prosecutions
1: No charging document filed
a: whether or not he or she is a New Zealand citizen or a person ordinarily resident in New Zealand, is alleged to have subsection (3) of section 8
b: whether or not he or she is a New Zealand citizen or a person ordinarily resident in New Zealand, is alleged to have paragraph (c) of subsection (1) of section 8 provided that a person alleged to have committed filing of a charging document
2: Nothing in this section shall apply with respect to any offence against the Maritime Transport Act 1994 or Part 5A 1953 No 120 s 5(1) Section 400 heading replaced 1 January 1981 Crimes Amendment Act 1980 Section 400(1) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 400(1) amended 1 January 1981 Crimes Amendment Act 1980 Section 400(1) amended 1 January 1981 Crimes Amendment Act 1980 Section 400(1)﻿(a) amended 1 January 1981 Crimes Amendment Act 1980 Section 400(1)﻿(b) amended 1 January 1981 Crimes Amendment Act 1980 Section 400(1) proviso amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 400(1) proviso amended 1 January 1981 Crimes Amendment Act 1980 Section 400(2) amended 1 June 2004 section 41(3) Civil Aviation Amendment Act 2004 Section 400(2) amended 1 February 1995 section 202(1) Maritime Transport Act 1994
401: Contempt of court
Section 401 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
402: Costs
Section 402 repealed 1 April 1968 section 14(2) Costs in Criminal Cases Act 1967
403: Compensation for loss of property
Section 403 repealed 1 October 1985 Crimes Amendment Act (No 2) 1985
404: Restitution of property
Section 404 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
405: Civil remedy not suspended
No civil remedy for any act or omission shall be suspended by reason that such act or omission amounts to an offence. 1908 No 32 s 355
406: Prerogative of mercy
Section 406 repealed 1 July 2020 section 54 Criminal Cases Review Commission Act 2019
406A: Appeals against decisions made on references
Section 406A repealed 1 July 2020 section 54 Criminal Cases Review Commission Act 2019
407: Effect of free pardon
Where any person convicted of any offence is granted a free pardon by the Sovereign, or by the Governor-General in the exercise of any powers vested in him or her in that behalf, that person shall be deemed never to have committed that offence: provided that the granting of a free pardon shall not affect anything lawfully done or the consequences of anything unlawfully done before it is granted. 1908 No 32 s 452 Criminal Code (1954) s 655(3) (Canada)
408: Act to bind the Crown
This Act shall bind the Crown.
409: Rules of court
Section 409 repealed 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011
410: Regulations
1: The Governor-General may from time to time, by Order in Council, make all such regulations as may in his or her opinion be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.
2: Without limiting the general power to make regulations conferred by this section, regulations may be made under this section—
a: prescribing forms to be used in respect of any proceedings to which this Act applies:
b: prescribing fees to be paid in respect of any proceedings to which this Act applies:
c: prescribing the fees, travelling allowances, and expenses payable to interpreters and to persons giving evidence in proceedings to which this Act applies:
d: prescribing the costs and charges payable by parties in proceedings to which this Act applies:
e: providing for any other matters in respect of which regulations are contemplated under this Act.
3: Regulations under this section are secondary legislation ( see Part 3
3: 1908 No 32 s 385 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 410(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 410(3) repealed 19 December 1989 section 11 Regulations (Disallowance) Act 1989
411: Consequential amendments
1: The enactments specified in Schedule 3
2:
3: Every reference in any enactment to a bill of indictment, or to the preferring or filing filing read as a reference to a charging document or, as the case may require, to the filing of a charging document in the District Court, or to a charging document filed Section 411(2) repealed 1 July 2013 section 5 Crimes Amendment Act 2013 Section 411(3) amended 1 July 2013 section 6 Crimes Amendment Act (No 4) 2011 Section 411(3) amended 1 March 1996 section 4(1) Crimes Amendment Act (No 2) 1995
412: Repeals and savings
1: As from the commencement of this Act the enactments specified in Schedule 4
2: The enactments specified in Schedule 5
413: Enactment creating offence is repealed and replaced or consolidated
Section 414
a: an enactment that forms a part of this Act and that creates an offence is repealed and is replaced by, or is consolidated in, a new enactment, whether in the same or a different form; and
i: proceedings are commenced for an offence contrary to the repealed enactment in reliance on section 34
ii: proceedings are commenced for an offence contrary to the new enactment; or
iii: proceedings are commenced for an offence contrary to the repealed enactment in reliance on section 34
b: the date of the act or omission by the defendant constituting the alleged offence cannot be established with sufficient certainty to determine whether it occurred before the repeal of the repealed enactment or after the commencement of the new enactment. Section 413 inserted 26 June 2008 section 17 Crimes Amendment Act (No 2) 2008 Section 413(a)﻿(i) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 413(a)﻿(iii) amended 28 October 2021 section 3 Secondary Legislation Act 2021
414: Repealed enactment continues to have effect
1: The repealed enactment referred to in section 413(a)
2: The defendant may be found guilty or convicted of the offence created by the repealed enactment if the defendant’s act or omission—
a: would have constituted an offence under both the repealed enactment and the new enactment referred to in section 413(a)
b: occurred on a date that cannot be established with certainty but that is established to have occurred either after the commencement of the repealed enactment and before its repeal or after the commencement of the new enactment and before its repeal.
3: If subsection (1) applies, the defendant is entitled to raise any defence to the repealed enactment that the defendant would be entitled to raise under the new enactment, if that defence is relevant to the repealed enactment.
4: A defendant found guilty or convicted, in accordance with this section, of an offence created by the repealed enactment is liable to a maximum penalty which is the lesser of that prescribed for the offence of which the defendant is found guilty or convicted and that prescribed for the corresponding offence created under the new enactment. Section 414 inserted 26 June 2008 section 17 Crimes Amendment Act (No 2) 2008
415: Inconsistency with other enactment or rule of law
If sections 413 414 Section 415 inserted 26 June 2008 section 17 Crimes Amendment Act (No 2) 2008