Section 216D — Crimes Act 1961: Prohibition on dealing, etc, with interception devices

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 (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 possession for the purpose of sale or supply to any other person,— any interception device— (i) The sole or principal purpose of which he knows to be the surreptitious interception of private communications; or (ii) That he holds out as being useful for the surreptitious interception of private communications (whether or not he 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 did any act referred to in any of paragraphs (a) to (d) of subsection (1) of this section he believed that the other person referred to in the relevant paragraph was a member of the Police, or an officer of the New Zealand Security Intelligence Service or the Government Communications Security Bureau, acting in the course of his official duties; or (b) Where the charge relates to the supply of an interception device otherwise than for valuable consideration, that— (i) He supplied the interception device to the other person referred to in paragraph (c) or paragraph (d) of subsection (1) of this section for the purpose of any proceeding or of any investigation or examination preliminary or incidental to any proceeding; or (ii) Being a member of the Police or an officer of the New Zealand Security Intelligence Service or the Government Communications Security Bureau, he supplied the interception device in the course of his official duties to the other person referred to in the said paragraph (c) or the said paragraph (d) for any lawful purpose. Part 9A (comprising sections 216A to 216E) was inserted, as from 6 August 1979, by section 2 Crimes Amendment Act 1979 (1979 No 5). The heading to section 216D was amended, as from 1 October 2003, by section 12(a) Crimes Amendment Act 2003 (2003 No 39) by substituting the words “ interception devices ” for the words “ listening devices ” . Subsection (1)(d) was amended, as from 1 October 2003, by section 12(b) Crimes Amendment Act 2003 (2003 No 39) by substituting the words “ any interception device ” for the words “ any listening device ” . Subsection (2) was amended, as from 2 April 2003, by section 26(2) Government Communications Security Bureau Act 2003 (2003 No 9) by inserting the words “ or the Government Communications Security Bureau ” after the words “ New Zealand Security Intelligence Service ” in both places where they appear. Subsection (2)(b) was amended, as from 1 October 2003, by section 12(c) Crimes Amendment Act 2003 (2003 No 39) by substituting the words “ an interception device ” for the words “ a listening device ” . Subsection (2)(b) was amended, as from 1 October 2003, by section 12(d) Crimes Amendment Act 2003 (2003 No 39) by substituting the words “ the interception device ” for the words “ the listening device ” in both places where they appear.