New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 June 2010
| Public Act | 1961 No 43 |
| Date of assent | 1 November 1961 |
| Commencement | see section 1(2) |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Justice.
1 Short Title, commencement, etc
3 Meaning of convicted on indictment
4 Meaning of ordinarily resident in New Zealand
6 Persons not to be tried in respect of things done outside New Zealand
7 Place of commission of offence
7A Extraterritorial jurisdiction in respect of certain offences with transnational aspects
7B Attorney-General's consent required where jurisdiction claimed under section 7A
8 Jurisdiction in respect of crimes on ships or aircraft beyond New Zealand
8A Jurisdiction in respect of certain persons with diplomatic or consular immunity
9 Offences not to be punishable except under New Zealand Acts
10 Offence under more than 1 enactment
10A Criminal enactments not to have retrospective effect
13 Powers of courts under other Acts not affected
[Repealed]
14 Form of sentence in capital cases [Repealed]
15 Sentence of death not to be passed on pregnant woman [Repealed]
16 Sentence of death not to be passed on person under 18 years of age [Repealed]
17 No sentence of solitary confinement to be passed
Penalties for certain offences involving home invasion
[Repealed]
17A Interpretation [Repealed]
17B Maximum terms of imprisonment for offences involving home invasion: offences otherwise carrying maximum term of 5, 7, or 10 years imprisonment [Repealed]
17C Maximum terms of imprisonment for offences involving home invasion: offences otherwise carrying maximum term of 14 or 20 years imprisonment [Repealed]
17D Parties, attempts, and accessories [Repealed]
17E Maximum penalties for offences involving home invasion do not affect jurisdiction of trial court [Repealed]
[Repealed]
18 Putting under bond [Repealed]
19A Supervision of offender when time for payment is allowed [Repealed]
19C Warrant to collect fine or other sum of money ordered to be paid
19DA Community work, community detention, and home detention for non-payment of fine
19E Period of imprisonment for non-payment of money
19F Stay of execution on appeal
Part 3
Matters of justification or excuse
20 General rule as to justifications
26 Execution of sentence, process, or warrant
27 Execution of erroneous sentence or process
28 Sentence or process without jurisdiction
29 Irregular warrant or process
31 Arrest by constable pursuant to statutory powers
32 Arrest by constable of person believed to have committed offence
33 Arrest by other officers or persons pursuant to statutory powers
34 Persons assisting constable or officer in arrest
35 Arrest of persons found committing certain crimes
36 Arrest of person believed to be committing crime by night
37 Arrest after commission of certain crimes
39 Force used in executing process or in arrest
40 Preventing escape or rescue
41 Prevention of suicide or certain offences
42 Preventing breach of the peace
44 Suppression of riot by Police
45 Suppression of riot by persons acting under lawful orders
46 Suppression of riot by persons without orders
47 Protection of members of New Zealand forces
48 Self-defence and defence of another
49 Self-defence against provoked assault [Repealed]
50 Provocation defined [Repealed]
51 Defence of person under protection [Repealed]
52 Defence of movable property against trespasser
53 Defence of movable property with claim of right
54 Defence of movable property without claim of right
56 Defence of land or building
57 Assertion of right to land or building
58 Exercise of right of way, etc
60 Discipline on ship or aircraft
61A Further provisions relating to surgical operations
65 Other enactments not affected
Part 4
Parties to the commission of offences
67 Conspiracy between spouses or civil union partners
68 Party to murder outside New Zealand
69 Party to any other crime outside New Zealand
70 Offence committed other than offence intended
Part 5
Crimes against public order
Treason and other crimes against the Queen and the State
74 Punishment for treason or attempted treason
76 Punishment for being party to treason
78A Wrongful communication, retention, or copying of official information
78B Consent of Attorney-General to proceedings in relation to espionage or wrongful communication, retention, or copying of official information
78C Questions of law in relation to espionage or wrongful communication of information
Offence of oath to commit offence
81 Seditious offences defined [Repealed]
82 Seditious conspiracy [Repealed]
83 Seditious statements [Repealed]
84 Publication of seditious documents [Repealed]
85 Use of apparatus for making seditious documents or statements [Repealed]
Unlawful assemblies, riots, and breaches of the peace
88 Reading the Riot Act [Repealed]
89 Failure of rioters to disperse [Repealed]
91 Forcible entry and detainer
94 Punishment of piratical acts
96 Conspiring to commit piracy
97 Accessory after the fact to piracy
98AA Dealing in people under 18 for sexual exploitation, removal of body parts, or engagement in forced labour
Participation in criminal gang
98A Participation in organised criminal group
Smuggling and trafficking in people
98B Terms used in sections 98C to 98F
98D Trafficking in people by means of coercion or deception
98F Attorney-General's consent to prosecutions required
Part 6
Crimes affecting the administration of law and justice
101 Bribery of judicial officer, etc
102 Corruption and bribery of Minister of the Crown
103 Corruption and bribery of member of Parliament
104 Corruption and bribery of law enforcement officer
105 Corruption and bribery of official
105A Corrupt use of official information
105B Use or disclosure of personal information disclosed in breach of section 105A
105C Bribery of foreign public official
105D Bribery outside New Zealand of foreign public official
105E Exception for acts lawful in country of foreign public official
106 Restrictions on prosecution
111 False statements or declarations
112 Evidence of perjury, false oath, or false statement
114 Use of purported affidavit or declaration
115 Conspiring to bring false accusation
116 Conspiring to defeat justice
117 Corrupting juries and witnesses
118 Assisting escape of prisoners of war or internees
120 Escape from lawful custody
121 Assisting escape from lawful custody
122 Assisting escape of mentally impaired person detained for offence
Part 7
Crimes against religion, morality, and public welfare
Crimes against morality and decency
124 Distribution or exhibition of indecent matter
125 Indecent act in public place
126 Indecent act with intent to insult or offend
127 No presumption because of age
128A Allowing sexual activity does not amount to consent in some circumstances
129 Attempted sexual violation and assault with intent to commit sexual violation
129A Sexual conduct with consent induced by certain threats
131 Sexual conduct with dependent family member
131A Dependent family member defined
131B Meeting young person under 16 following sexual grooming, etc
132 Sexual conduct with child under 12
133 Indecency with girl under 12 [Repealed]
134 Sexual conduct with young person under 16
134A Defence to charge under section 134
136 Conspiracy to induce sexual intercourse [Repealed]
137 Inducing sexual intercourse under pretence of marriage [Repealed]
138 Sexual exploitation of person with significant impairment
139 Indecent act between woman and girl [Repealed]
140 Indecency with boy under 12 [Repealed]
140A Indecency with boy between 12 and 16 [Repealed]
141 Indecent assault on man or boy [Repealed]
142 Anal intercourse [Repealed]
142A Compelling indecent act with animal
Sexual offences outside New Zealand
144A Sexual conduct with children and young people outside New Zealand
144B Consent of Attorney-General required
144C Organising or promoting child sex tours
146 Keeping place of resort for homosexual acts [Repealed]
147 Brothel-keeping [Repealed]
148 Living on earnings of prostitution [Repealed]
149 Procuring for prostitution [Repealed]
149A Being client in act of prostitution by person under 18 years of age [Repealed]
150 Misconduct in respect of human remains
Part 8
Crimes against the person
Duties tending to the preservation of life
150A Standard of care required of persons under legal duties
151 Duty to provide the necessaries of life
152 Duty of parent or guardian to provide necessaries
153 Duty of employers to provide necessaries
155 Duty of persons doing dangerous acts
156 Duty of persons in charge of dangerous things
157 Duty to avoid omissions dangerous to life
161 Procuring death by false evidence [Repealed]
162 Death must be within a year and a day
163 Killing by influence on the mind
165 Causing death that might have been prevented
166 Causing injury the treatment of which causes death
168 Further definition of murder
169 Provocation [Repealed]
170 Illegal arrest may be evidence of provocation [Repealed]
174 Counselling or attempting to procure murder
176 Accessory after the fact to murder
177 Punishment of manslaughter
179 Aiding and abetting suicide
181 Concealing dead body of child
183 Procuring abortion by any means
184 Procuring abortion by other means [Repealed]
185 Female procuring her own miscarriage [Repealed]
186 Supplying means of procuring abortion
187 Effectiveness of means used immaterial
Assaults and injuries to the person
191 Aggravated wounding or injury
193 Assault with intent to injure
194 Assault on a child, or by a male on a female
198 Discharging firearm or doing dangerous act with intent
198A Using any firearm against law enforcement officer, etc
198B Commission of crime with firearm
202A Possession of offensive weapons or disabling substances
202B Powers in respect of crime against section 202A
202BA Sentencing for second crime against section 202A(4)
203 Endangering transport [Repealed]
204A Female genital mutilation
204B Further offences relating to female genital mutilation
207 Feigned marriage or feigned civil union
208 Abduction for purposes of marriage or sexual connection
209A Young person under 16 cannot consent to being taken away or detained
210 Abduction of young person under 16
210A People claiming in good faith right to possession of young person under 16
Part 9
Crimes against reputation
[Repealed]
211 Criminal libel and publishing defined [Repealed]
212 Publishing upon invitation [Repealed]
213 No prosecution without leave of Judge [Repealed]
214 Plea of justification [Repealed]
215 Punishment of criminal libel [Repealed]
216 Criminal slander [Repealed]
Part 9A
Crimes against personal privacy
216B Prohibition on use of interception devices
216C Prohibition on disclosure of private communications unlawfully intercepted
216D Prohibition on dealing, etc, with interception devices
216G Intimate visual recording defined
216H Prohibition on making intimate visual recording
216I Prohibition on possessing intimate visual recording in certain circumstances
216J Prohibition on publishing, importing, exporting, or selling intimate visual recording
216K Exceptions to prohibition in section 216J
216M Effect of appeal on order made under section 216L
216N Protection from liability
Part 10
Crimes against rights of property
220 Theft by person in special relationship
222 Theft by spouse or partner
224 Power of search for goods stolen or unlawfully obtained in transit
225 Power to search vehicles for goods stolen or obtained by crimes involving dishonesty
226 Conversion of vehicle or other conveyance
227 Being in possession of instrument for conversion
227A Power of search for goods stolen or unlawfully obtained in transit [Repealed]
227B Power to search vehicles for goods stolen or obtained by crimes involving dishonesty [Repealed]
228 Dishonestly taking or using document
229A Taking or dealing with certain documents with intent to defraud [Repealed]
230 Taking, obtaining, or copying trade secrets
233 Being disguised or in possession of instrument for burglary
236 Assault with intent to rob
239 Demanding with intent to steal, etc
240 Obtaining by deception or causing loss by deception
240A Aggravated burglary [Repealed]
241 Punishment of obtaining by deception or causing loss by deception
242 False statement by promoter, etc
244 Defence of enforcement of enactment
245 Section 243 not to apply to certain acts committed outside New Zealand
249 Accessing computer system for dishonest purpose
250 Damaging or interfering with computer system
251 Making, selling, or distributing or possessing software for committing crime
252 Accessing computer system without authorisation
253 Qualified exemption to access without authorisation offence for New Zealand Security Intelligence Service
254 Qualified exemption to access without authorisation offence for Government Communications Security Bureau
257A Money laundering [Repealed]
257B Immunity from liability for disclosure of information [Repealed]
258 Altering, concealing, destroying, or reproducing documents with intent to deceive
259 Using altered or reproduced document with intent to deceive
261 Counterfeiting public seals
262 Counterfeiting corporate seals
263 Possessing forged bank notes
264 Paper or implements for forgery
265 Imitating authorised or customary marks
266 Offences involving coinage
266A Altering or reproducing document with intent to defraud [Repealed]
266B Using altered or reproduced document with intent to defraud [Repealed]
271 Waste or diversion of electricity, gas, or water
272 Providing explosive to commit crime
273 Using probate obtained by forgery or perjury [Repealed]
274 Paper or implements for forgery [Repealed]
275 Counterfeiting stamps [Repealed]
276 Falsifying registers [Repealed]
277 Falsifying extracts from registers [Repealed]
278 Uttering false certificates [Repealed]
279 Forging certificates [Repealed]
280 Imitating authorised marks [Repealed]
281 Imitating customary marks [Repealed]
282 Interpretation [Repealed]
283 Preparations for coining [Repealed]
284 Counterfeiting coin [Repealed]
285 Altering coin [Repealed]
286 Impairing coin [Repealed]
287 Defacing coin [Repealed]
288 Melting coin [Repealed]
289 Possessing counterfeit coin [Repealed]
290 Uttering counterfeit coin [Repealed]
291 Buying and selling counterfeit coin [Repealed]
292 Importing and exporting counterfeit coin [Repealed]
293 What constitutes criminal damage [Repealed]
295 Attempted arson [Repealed]
296 Damage to other property by fire or explosive [Repealed]
297 Attempt to damage property by fire or explosive [Repealed]
298 Wilful damage [Repealed]
298A Causing disease or sickness in animals
298B Contaminating food, crops, water, or other products
299 Wilful waste or diversion of water, gas, or electricity [Repealed]
300 Interfering with means of transport [Repealed]
302 Attempting to wreck [Repealed]
303 Interfering with signals, etc [Repealed]
304 Interfering with mines [Repealed]
305 Providing explosive to commit crime [Repealed]
Part 11
Threatening, conspiring, and attempting to commit offences
306 Threatening to kill or do grievous bodily harm
307 Threatening to destroy property
307A Threats of harm to people or property
309 Conspiring to prevent collection of rates or taxes
310 Conspiring to commit offence
311 Attempt to commit or procure commission of offence
312 Accessory after the fact to crime
Part 11A
Obtaining evidence by interception devices
Applications for interception warrants in relation to organised criminal enterprises
312B Application by Police for warrant to intercept private communications
312C Matters on which Judge must be satisfied in respect of applications
Applications for interception warrants in relation to serious violent offences
312CA Application by Police for warrant to intercept private communications in relation to serious violent offences
312CB Matters on which Judge must be satisfied in respect of applications relating to serious violent offences
312CC Application by Police for warrant to intercept private communications relating to terrorist offences
312CD Matters of which Judge must be satisfied in respect of applications relating to terrorist offences
312D Contents and term of warrant
312I Destruction of irrelevant records made by use of interception device
312J Destruction of relevant records made by use of interception device
312K Prohibition on disclosure of private communications lawfully intercepted
312L Notice to be given of intention to produce evidence of private communication
312M Inadmissibility of evidence of private communications unlawfully intercepted
312N Restriction on admissibility of evidence of private communications lawfully intercepted
312P Report to be made to Judge on use of warrant or permit
312Q Commissioner of Police to give information to Parliament
313 General provisions as to procedure
314 Procedure where prior consent to prosecution required
General power to stop vehicles to exercise statutory search powers
314B General power to stop vehicles
314C Powers incidental to stopping vehicles under section 314B
314D Offences relating to stopping vehicles under section 314B
317 Power to enter premises to arrest offender or prevent offence
317A Power to stop vehicles for purpose of arrest
317AA Powers incidental to stopping vehicles under section 317A
317AB Offences relating to stopping vehicles under section 317A
[Repealed]
318 When bail not allowable [Repealed]
319 Rules as to granting bail [Repealed]
319A Detention while bail bond prepared and signed [Repealed]
319B Variation of conditions of bail [Repealed]
320 Arrest of absconder [Repealed]
320A Person on bail may be arrested without warrant in certain circumstances [Repealed]
320B Failure to answer bail [Repealed]
320C Non-performance of condition of bail bond to be certified by Judge [Repealed]
Plea of guilty after committal for trial
321 Person committed for trial may plead guilty before trial
323 Powers of court of committal as to custody or bail of accused [Repealed]
324 Attendance of witnesses at substituted court
325 Powers of substituted court to compel attendance
326 Trial in substituted court
327 Witnesses' expenses where indictment removed at instance of the Crown
330 Crimes may be charged in the alternative
331 Certain objections not to vitiate counts
332 Indictment for perjury or fraud
333 General provisions as to counts not affected
337 Attempt proved when crime is charged
338 Crime proved when attempt is charged
341 Charge of previous conviction
344 Accessories after the fact, and receivers
344A Interlocutory order relating to admissibility of evidence
344B Attendance at identification parade voluntary
344C Information relating to identification witness to be supplied to defendant
344D Jury to be warned where principal evidence relates to identification [Repealed]
345A Time for filing indictment
345B Extension of time for filing indictment
345C Trial Judge may excuse disclosure of information relating to Police investigations
345D Leave to file amended indictments
346 Failure of prosecutor to file indictment
347 Power to discharge accused
349 Special provisions in case of treason [Repealed]
350 Bench warrant [Repealed]
351 Failure of witness to attend
352 Refusal of witness to give evidence
358 Pleas of previous acquittal and conviction
361 Plea on behalf of corporation
361A Trial before a Judge with a jury general rule
361B Accused may apply for trial before a Judge without a jury
361C Judge may order trial without a jury in certain cases
361D Judge may order trial without jury in certain cases that are likely to be long and complex
361E Judge may order trial without jury in cases involving intimidation of juror or jurors
362 Challenging the array [Repealed]
363 Challenges and directions to stand by [Repealed]
364 Caution to accused when undefended
365 Question to accused when undefended
366 Comment on failure to give evidence
366A Unsworn statement prohibited
368 Adjourning trial for witnesses
369 Admissions [Repealed]
369A Prosecution may withdraw in certain cases
370 Jury retiring to consider verdict [Repealed]
371 Motion in arrest of judgment. Sentence
372 Correction of erroneous sentence
373 Discretion to keep jury together
374 Discharge of juror or jury
375 Power to clear court and forbid report of proceedings [Repealed]
375A Special provisions in cases of sexual nature
Retrials of previously acquitted persons
378A Order for retrial may be granted if acquittal tainted
378B Meaning of terms used in sections 378C and 378D
378C Consent of Solicitor-General required in certain circumstances for exercise of powers in relation to acquitted person
378D Order for retrial may be granted by Court of Appeal if new and compelling evidence discovered
378E Orders to safeguard fairness of retrial
378F Effect of order for retrial
Appeal on matters arising before trial
379A Right of appeal in certain cases
379AB Appeal against decision of Court of Appeal on appeal against certain orders
379B Appeal from decision of High Court relating to bail [Repealed]
379C Procedural provisions relating to appeal on question of bail [Repealed]
379CA Appeal against order in respect of costs
379D Execution of decision of Court of Appeal [Repealed]
381 Appeal where no question reserved
381A Question of law arising out of discharge under section 347 or stay of prosecution may be referred to Court of Appeal
382 Powers of Court of Appeal where appeal is on question of law
Appeal against conviction or sentence
383 Right of appeal against conviction or sentence
383A Appeal against decision of Court of Appeal on appeal against conviction or sentence
384 Right of appeal against sentence or conviction for contempt of court
384A Jurisdiction in certain cases where appeals lie to different courts
385 Determination of appeals in ordinary cases
386 Powers of appellate courts in special cases
387 Revesting and restitution of property on conviction
389 Supplemental powers of appellate courts
391 Costs of appeal [Repealed]
392 Duties of Registrar with respect to notices of appeal, etc
General provisions as to appeals
392A Decision about mode of hearing
393 Certain powers exercisable by 1 Judge
394 Evidence for appellate courts
395 Right of appellant to be represented, and restriction on attendance
396 Power to forbid report of proceedings, etc [Repealed]
397 Granting of bail to appellant, and custody pending appeal [Repealed]
398 Judgment of Court of Appeal
399 Intermediate effects of appeal
Part 14
Miscellaneous provisions
400 Consent of Attorney-General to certain prosecutions
403 Compensation for loss of property [Repealed]
405 Civil remedy not suspended
406A Appeals against decisions made on references
413 Enactment creating offence is repealed and replaced or consolidated
414 Repealed enactment continues to have effect
415 Inconsistency with other enactment or rule of law
Schedule 1
Carrying out of sentence of death
[Repealed]
Schedule 4
United Kingdom enactments ceasing to have effect in New Zealand
Schedule 5
New Zealand enactments repealed
Schedule 6
Interception warrant
[Repealed]
Crimes Amendment Act (No 2) 1979
Crimes Amendment Act (No 3) 1985
Homosexual Law Reform Act 1986
Crimes Amendment Act (No 2) 1989
Crimes Amendment Act (No 2) 1995
Crimes (Bribery of Foreign Public Officials) Amendment Act 2001
Crimes (Criminal Appeals) Amendment Act 2001
Crimes (Substituted Section 59) Amendment Act 2007
An Act to consolidate and amend the Crimes Act 1908 and certain other enactments of the Parliament of New Zealand relating to crimes and other offences
Title: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986 No 114).