Crimes Act 1961, s 2(1), “assault” definition; Summary Offences Act 1981, s 2(1), “assault” definition
The legal definition of assault is very wide – it covers any situation where you intentionally apply force against another person’s body. It includes when you do this indirectly – by throwing something for example.
An assault can include very minor force. However, the amount of force used will be relevant when the police are deciding whether to charge you – and, if you’re charged and convicted, when the judge is deciding what sentence to give you.
An assault also includes threatening to apply force to another person’s body – but only if you’re able to carry out your threat or if you make the other person believe on reasonable grounds that you can carry it out. The threat can be by a statement, act or gesture (like clenching your fist). This means that aggressive behaviour like, for example, bashing walls around a family member can also potentially amount to an assault, even though you haven’t touched the other person.
An “assault” also includes an attempted assault, so you can be convicted of assault even if you “swing and miss”.
Example: Assault in a bar
Case: [2012] NZHC 3497
A defendant was drunk in a bar and tried to hit a security guard, unsuccessfully. He was convicted of common assault (Summary Offences Act) and sentenced to two and half months’ jail, including a discount for pleading guilty. He had a very long record of minor offending, and had alcohol and mental health issues.