Crimes Act 1961 (Reprint as at 1 June 2005)
010
Commenced:
ANALYSIS
Analysis
Title
1 Short Title, commencement, etc
2 Interpretation
3 Meaning of convicted on indictment
4 Meaning of ordinarily resident in New Zealand
1: Jurisdiction
5 Application of Act
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
10B Period of limitation
11 Construction of other Acts
12 Summary jurisdiction
2: Punishments
13 Powers of Courts under other Acts not affected
14 Form of sentence in capital cases
15 Sentence of death not to be passed on pregnant woman
16 Sentence of death not to be passed on person under 18 years of age
17 No sentence of solitary confinement to be passed
17A Interpretation
17B Maximum terms of imprisonment for offences involving home invasion: offences otherwise carrying maximum term of 5, 7, or 10 years imprisonment
17C Maximum terms of imprisonment for offences involving home invasion: offences otherwise carrying maximum term of 14 or 20 years imprisonment
17D Parties, attempts, and accessories
17E Maximum penalties for offences involving home invasion do not affect jurisdiction of trial Court
18 Putting under bond
19 Payment of fine, etc
19A Supervision of offender when time for payment is allowed
19B Immediate execution
19C Warrant to collect fine or other sum of money ordered to be paid
19D Execution
19DA Community work for non-payment of fine
19E Period of imprisonment for non-payment of money
19F Stay of execution on appeal
3: Matters of justification or excuse
20 General rule as to justifications
21 Children under 10
22 Children between 10 and 14
23 Insanity
24 Compulsion
25 Ignorance of law
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
30 Arresting the wrong person
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
38 Arrest during flight
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
43 Suppression of riot
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
50 Provocation defined
51 Defence of person under protection
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
55 Defence of dwellinghouse
56 Defence of land or building
57 Assertion of right to land or building
58 Exercise of right of way, etc
59 Domestic discipline
60 Discipline on ship or aircraft
61 Surgical operations
61A Further provisions relating to surgical operations
62 Excess of force
63 Consent to death
64 Obedience to de facto law
65 Other enactments not affected
4: Parties to the commission of offences
66 Parties to 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
71 Accessory after the fact
72 Attempts
5: Crimes against public order
73 Treason
74 Punishment for treason or attempted treason
75 Evidence of treason
76 Punishment for being party to treason
77 Inciting to mutiny
78 Espionage
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
78D Search without warrant
79 Sabotage
80 Oath to commit offence
81 Seditious offences defined
82 Seditious conspiracy
83 Seditious statements
84 Publication of seditious documents
85 Use of apparatus for making seditious documents or statements
86 Unlawful assembly
87 Riot
88 Reading the Riot Act
89 Failure of rioters to disperse
90 Riotous damage
91 Forcible entry and detainer
92 Piracy
93 Piratical acts
94 Punishment of piratical acts
95 Attempt to commit piracy
96 Conspiring to commit piracy
97 Accessory after the fact to piracy
98 Dealing in slaves
98A Participation in organised criminal group
98B Terms used in sections 98C to 98F
98C Smuggling migrants
98D Trafficking in people by means of coercion or deception
98E Aggravating factors
98F Attorney-General's consent to prosecutions required
6: Crimes affecting the administration of law and justice
99 Interpretation
100 Judicial corruption
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
107 Contravention of statute
108 Perjury defined
109 Punishment of perjury
110 False oaths
111 False statements or declarations
112 Evidence of perjury, false oath, or false statement
113 Fabricating evidence
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
119 Breaking prison
120 Escape from lawful custody
121 Assisting escape from lawful custody
122 Assisting escape of mentally impaired person detained for offence
7: Crimes against religion, morality, and public welfare
123 Blasphemous libel
124 Indecent performances for gain
125 Indecent act in public place
126 Indecent act with intent to insult or offend
127 No presumption because of age
128 Sexual violation defined
128A Allowing sexual activity does not amount to consent in some circumstances
128B Sexual violation
129 Attempted sexual violation and assault with intent to commit sexual violation
129A Sexual conduct with consent induced by certain threats
130 Incest
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
134 Sexual conduct with young person under 16
134A Defence to charge under section 134
135 Indecent assault
136 Conspiracy to induce sexual intercourse
137 Inducing sexual intercourse under pretence of marriage
138 Sexual exploitation of person with significant impairment
139 Indecent act between woman and girl
140 Indecency with boy under 12
140A Indecency with boy between 12 and 16
141 Indecent assault on man or boy
142 Anal intercourse
142A Compelling indecent act with animal
143 Bestiality
144 Indecency with animal
144A Sexual conduct with children outside New Zealand
144B Consent of Attorney-General required
144C Organising or promoting child sex tours
145 Criminal nuisance
146 Keeping place of resort for homosexual acts
147 Brothel-keeping
148 Living on earnings of prostitution
149 Procuring for prostitution
149A Being client in act of prostitution by person under 18 years of age
150 Misconduct in respect of human remains
8: Crimes against the person
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
154 Abandoning child under 6
155 Duty of persons doing dangerous acts
156 Duty of persons in charge of dangerous things
157 Duty to avoid omissions dangerous to life
158 Homicide defined
159 Killing of a child
160 Culpable homicide
161 Procuring death by false evidence
162 Death must be within a year and a day
163 Killing by influence on the mind
164 Acceleration of death
165 Causing death that might have been prevented
166 Causing injury the treatment of which causes death
167 Murder defined
168 Further definition of murder
169 Provocation
170 Illegal arrest may be evidence of provocation
171 Manslaughter
172 Punishment of murder
173 Attempt to murder
174 Counselling or attempting to procure murder
175 Conspiracy to murder
176 Accessory after the fact to murder
177 Punishment of manslaughter
178 Infanticide
179 Aiding and abetting suicide
180 Suicide pact
181 Concealing dead body of child
182 Killing unborn child
182A Miscarriage defined
183 Procuring abortion by any means
184 Procuring abortion by other means
185 Female procuring her own miscarriage
186 Supplying means of procuring abortion
187 Effectiveness of means used immaterial
187A Meaning of unlawfully
188 Wounding with intent
189 Injuring with intent
190 Injuring by unlawful act
191 Aggravated wounding or injury
192 Aggravated assault
193 Assault with intent to injure
194 Assault on a child, or by a male on a female
195 Cruelty to a child
196 Common assault
197 Disabling
198 Discharging firearm or doing dangerous act with intent
198A Using any firearm against law enforcement officer, etc
198B Commission of crime with firearm
199 Acid throwing
200 Poisoning with intent
201 Infecting with disease
202 Setting traps, etc
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)
202C Assault with weapon
203 Endangering transport
204 Impeding rescue
204A Female genital mutilation
204B Further offences relating to female genital mutilation
205 Bigamy defined
206 Punishment of bigamy
207 Feigned marriage or feigned civil union
208 Abduction for purposes of marriage or sexual connection
209 Kidnapping
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
9: Crimes against reputation
211 Criminal libel and publishing defined
212 Publishing upon invitation
213 No prosecution without leave of Judge
214 Plea of justification
215 Punishment of criminal libel
216 Criminal slander
9A: Crimes against personal privacy
216A Interpretation
216B Prohibition on use of interception devices
216C Prohibition on disclosure of private communications unlawfully intercepted
216D Prohibition on dealing, etc, with interception devices
216E Forfeiture
216F Unlawful disclosure
10: Crimes against rights of property
217 Interpretation
218 Matters of ownership
219 Theft or stealing
220 Theft by person in special relationship
221 Theft of animals
222 Theft by spouse or partner
223 Punishment of theft
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
227B Power to search vehicles for goods stolen or obtained by crimes involving dishonesty
228 Dishonestly taking or using document
229 Criminal breach of trust
229A Taking or dealing with certain documents with intent to defraud
230 Taking, obtaining, or copying trade secrets
231 Burglary
232 Aggravated burglary
233 Being disguised or in possession of instrument for burglary
234 Robbery
235 Aggravated robbery
236 Assault with intent to rob
237 Blackmail
238 Punishment of blackmail
239 Demanding with intent to steal, etc
240 Obtaining by deception or causing loss by deception
240A Aggravated burglary
241 Punishment of obtaining by deception or causing loss by deception
242 False statement by promoter, etc
243 Money laundering
244 Defence of enforcement of enactment
245 Section 243 not to apply to certain acts committed outside New Zealand
246 Receiving
247 Punishment of receiving
248 Interpretation
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
255 Interpretation
256 Forgery
257 Using forged documents
257A Money laundering
257B Immunity from liability for disclosure of information
258 Altering, concealing, destroying, or reproducing documents with intent to deceive
259_R Receiving property of husband or wife
259 Using altered or reproduced document with intent to deceive
260 False accounting
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
266B Using altered or reproduced document with intent to defraud
267 Arson
268 Attempted arson
269 Intentional damage
270 Endangering transport
271 Waste or diversion of electricity, gas, or water
272 Providing explosive to commit crime
273 Using probate obtained by forgery or perjury
274 Paper or implements for forgery
275 Counterfeiting stamps
276 Falsifying registers
277 Falsifying extracts from registers
278 Uttering false certificates
279 Forging certificates
280 Imitating authorised marks
281 Imitating customary marks
282 Interpretation
283 Preparations for coining
284 Counterfeiting coin
285 Altering coin
286 Impairing coin
287 Defacing coin
288 Melting coin
289 Possessing counterfeit coin
290 Uttering counterfeit coin
291 Buying and selling counterfeit coin
292 Importing and exporting counterfeit coin
293 What constitutes criminal damage
294 Arson
295 Attempted arson
296 Damage to other property by fire or explosive
297 Attempt to damage property by fire or explosive
298 Wilful damage
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
300 Interfering with means of transport
301 Wrecking
302 Attempting to wreck
303 Interfering with signals, etc
304 Interfering with mines
305 Providing explosive to commit crime
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
308 Threatening acts
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
11A: Obtaining evidence by interception devices
312A Interpretation
312B Application by police for warrant to intercept private communications
312C Matters on which Judge must be satisfied in respect of applications
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
312E Effect of warrant
312F Renewal of warrants
312G Emergency permits
312H Security of applications
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
312O Privileged evidence
312P Report to be made to Judge on use of warrant or permit
312Q Commissioner of Police to give information to Parliament
12: Procedure
313 General provisions as to procedure
314 Procedure where prior consent to prosecution required
314A Statutory search power
314B General power to stop vehicles
314C Powers incidental to stopping vehicles under section 314B
314D Offences relating to stopping vehicles under section 314B
315 Arrest without warrant
316 Duty of persons arresting
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
317B Road blocks
318 When bail not allowable
319 Rules as to granting bail
319A Detention while bail bond prepared and signed
319B Variation of conditions of bail
320 Arrest of absconder
320A Person on bail may be arrested without warrant in certain circumstances
320B Failure to answer bail
320C Non-performance of condition of bail bond to be certified by Judge
321 Persons committed for trial may plead guilty before trial
322 Changing venue or sitting
323 Powers of Court of committal as to custody or bail of accused
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
328 Form of indictment
329 Contents of counts
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
334 Further particulars
335 Variance and amendment
336 Indictment for treason
337 Attempt proved when crime is charged
338 Crime proved when attempt is charged
339 Part of charge proved
340 Joinder of counts
341 Charge of previous conviction
342 Objections to indictment
343 Indictment of parties
344 Accessories after the fact, and receivers
344AA Money launderers
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
345 Presenting indictment
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
348 Copy of indictment
349 Special provisions in case of treason
350 Bench warrant
351 Failure of witness to attend
352 Refusal of witness to give evidence
353 Record of proceedings
354 Right to be defended
355 Arraignment
356 Plea
357 Special pleas
358 Pleas of previous acquittal and conviction
359 Second accusation
360 Evidence of former trial
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
362 Challenging the array
363 Challenges and directions to stand by
364 Caution to accused when undefended
365 Question to accused when undefended
366 Comment on failure to give evidence
366A Unsworn statement prohibited
367 Evidence and addresses
367A Notice of alibi
368 Adjourning trial for witnesses
369 Admissions
369A Prosecution may withdraw in certain cases
370 Jury retiring to consider verdict
371 Motion in arrest of judgment. Sentence
372 Correction of erroneous sentence
373 Discretion to keep jury together
374 Discharge of jury
375 Power to clear Court and forbid report of proceedings
375A Special provisions in cases of sexual nature
376 Presence of the accused
377 Proceedings on Sunday
378 Stay of proceedings
13: Appeals
379 Interpretation
379A Right of appeal in certain cases
379B Appeal from decision of High Court relating to bail
379C Procedural provisions relating to appeal on question of bail
379CA Appeal against order in respect of costs
379D Execution of decision of Court of Appeal
380 Reserving question of law
381 Appeal where no question reserved
382 Powers of Court of Appeal where appeal is on question of law
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
385 Determination of appeals in ordinary cases
386 Powers of appellate courts in special cases
387 Revesting and restitution of property on conviction
388 Time for appealing
389 Supplemental powers of appellate courts
390 Duty of Solicitor-General
391 Costs of appeal
392 Duties of Registrar with respect to notices of appeal, etc
392A Decision about mode of hearing
392B Hearings on the papers
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
397 Granting of bail to appellant, and custody pending appeal
398 Judgment of Court of Appeal
399 Intermediate effects of appeal
14: Miscellaneous provisions
400 Consent of Attorney-General to certain prosecutions
401 Contempt of Court
402 Costs
403 Compensation for loss of property
404 Restitution of property
405 Civil remedy not suspended
406 Prerogative of mercy
406A Appeals against decisions made on references
407 Effect of free pardon
408 Act to bind the Crown
409 Rules of Court
410 Regulations
411 Consequential amendments
412 Repeals and savings
Schedule(s)
1 FIRST: Carrying out of sentence of death
2 SECOND: Forms
3 THIRD: Enactments amended
4 FOURTH: United Kingdom enactments ceasing to have effect in New Zealand
5 FIFTH: New Zealand enactments repealed
6 SIXTH: Interception warrant
Amending Act/Rule(s)
1 Crimes Amendment Act (No 2) 1979
2 Crimes Amendment Act (No 3) 1985
3 Homosexual Law Reform Act 1986
4 Crimes Amendment Act (No 2) 1989
5 Crimes Amendment Act (No 2) 1995
6 Crimes (Bribery of Foreign Public Officials) Amendment Act 2001
7 Crimes (Criminal Appeals) Amendment Act 2001
8 Prostitution Reform Act 2003
9 Crimes Amendment Act 2005
Index