Section 78C — Crimes Act 1961: Questions of law in relation to espionage or wrongful communication of information

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 or section 78A(1)(a) of this Act; or (b) The offence of conspiring to commit an offence against section 78 or section 78A(1)(a) of this Act; or (c) The offence of attempting to commit an offence against section 78 or section 78A(1)(a) of this Act,— 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) of this Act; or (b) The offence of conspiring to commit an offence against section 78A(1)(b) or (c) of this Act; or (c) The offence of attempting to commit an offence against section 78A(1)(b) or (c) of this Act,— 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 accused may adduce, and the Judge may hear, in addition to the evidence heard by the jury, any evidence relevant to those questions of fact. Sections 78A to 78D were inserted, as from 1 July 1983, by section 2(1) Crimes Amendment Act (No 2) 1982 (1982 No 157).