Section 7A — Crimes Act 1961: Extraterritorial jurisdiction in respect of certain offences with transnational aspects

7A Extraterritorial jurisdiction in respect of certain offences with transnational aspects (1) Even if the acts or omissions alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for any offence against this Act committed in the course of carrying out a terrorist act (as defined in section 5(1) of the Terrorism Suppression Act 2002 ) or an offence against section 98AA , section 98A , section 98C , section 98D , any of sections 100 to 104 , section 105(2) , section 116 , section 117 , section 243 , section 298A , or section 298B — (a) if the person to be charged— (i) is a New Zealand citizen; or (ii) is ordinarily resident in New Zealand; or (iii) has been found in New Zealand and has not been extradited; or (iv) is a body corporate, or a corporation sole, incorporated under the law of New Zealand; or (b) if any of the acts or omissions is alleged to have occurred— (i) on board a ship registered or required to be registered under the Ship Registration Act 1992 ; or (ii) on board a ship used as a ship of the New Zealand Defence Force; or (iii) on board a New Zealand aircraft; or (iv) on board an aircraft that is leased to a lessee whose principal place of business is in New Zealand, or who is a New Zealand citizen or a person ordinarily resident in New Zealand; or (c) if a person in respect of whom the offence is alleged to have been committed— (i) is a New Zealand citizen; or (ii) is ordinarily resident in New Zealand; or (d) in the case of an offence against section 98A , if the group of people in which the person to be charged is alleged to have participated are alleged to have as their objective or one of their objectives the obtaining of material benefits by the commission in New Zealand of offences or conduct referred to in paragraph (a) or paragraph (b) of section 98A(2). (2) Even if the acts or omissions alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for an offence against section 98C or section 98D ,— (a) in the case of an offence against section 98C(1) or section 98D , if the act or omission is alleged to relate to the entry of a person into New Zealand; or (b) in the case of an offence against section 98C(2) , if the act or omission is alleged to relate to arranging the bringing of a person to New Zealand. (2A) Even if some or all of the acts alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for an offence against section 131B — (a) if the person to be charged— (i) is a New Zealand citizen; or (ii) is ordinarily resident in New Zealand; or (iii) has been found in New Zealand and has not been extradited; or (b) if any of the acts is alleged to have occurred— (i) on board a ship registered or required to be registered under the Ship Registration Act 1992 ; or (ii) on board a ship used as a ship of the New Zealand Defence Force; or (iii) on board a New Zealand aircraft; or (iv) on board an aircraft that is leased to a lessee whose principal place of business is in New Zealand, or who is a New Zealand citizen or a person ordinarily resident in New Zealand; or (c) if a person in respect of whom the offence is alleged to have been committed— (i) is a New Zealand citizen; or (ii) is ordinarily resident in New Zealand. (3) Neither section 8 nor section 400 applies to an offence referred to in subsection (1) . (4) Nothing in subsections (1) to (3) limits or affects— (a) the application of section 7 to the occurrence in New Zealand of— (i) an act or omission forming part of an offence; or (ii) an event necessary to the completion of an offence; or (b) the application of section 8A . Sections 7A and 7B were inserted, as from 18 June 2002, by section 4 Crimes Amendment Act 2002 (2002 No 20). Subsection (1) was amended, as from 17 November 2003, by section 3(a) Crimes Amendment Act (No 2) 2003 (2003 No 105) by inserting the words “ any offence against this Act committed in the course of carrying out a terrorist act (as defined in section 5(1) of the Terrorism Suppression Act 2002) or ” after the words “ proceedings may be brought for ” . See clause 3 Crimes Amendment Act (No 2) 2003 Commencement Order 2003 (SR 2003/316). Subsection (1) was amended, as from 17 November 2003, by section 3(b) Crimes Amendment Act (No 2) 2003 (2003 No 105) by substituting the words “ section 257A, section 298A, or section 298B ” for the words “ or section 257A ” . See clause 3 Crimes Amendment Act (No 2) 2003 Commencement Order 2003 (SR 2003/316). Subsection (1) was amended, as from 20 May 2005, by section 4(1)(a) Crimes Amendment Act 2005 (2005 No 41) by inserting the expression “ section 98AA, ” before the expression “ section 98A ” . See sections 12 and 13 of that Act for the transitional provisions. Subsection (1) was amended, as from 20 May 2005, by section 4(1)(b) Crimes Amendment Act 2005 (2005 No 41) by substituting the expression “ section 243 ” for the expression “ section 257A ” . See sections 12 and 13 of that Act for the transitional provisions. Subsection (2A) was inserted, as from 20 May 2005, by section 4(2) Crimes Amendment Act 2005 (2005 No 41). See sections 12 and 13 of that Act for the transitional provisions.