Crimes Act 1961
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short Title, commencement, etc
1 Short Title, commencement, etc (1) This Act may be cited as the Crimes Act 1961. (2) This Act shall come into force on the 1st day of January 1962. (3) This Act is divided into Parts, as follows:…
Section Sch1 — Carrying out sentence of death
Schedule 1 Carrying out sentence of death Section 14(4) [Repealed] This Schedule was repealed, as from 26 December 1989, by section 3(1)(b) Abolition of the Death Penalty Act 1989 (1989 No 119).
Section 2 — Interpretation
2 Interpretation (1) In this Act, unless the context otherwise requires,— Aerodrome has the same meaning as in the Civil Aviation Act 1990 Aerodrome: the “ Civil Aviation Act 1990 ” has been…
Section Sch2 — Forms
Schedule 2 Forms Section 321 Form 1 Certificate of execution of sentence of death Clause 4, Schedule 1 [Repealed] Form 1 was repealed, as from 26 December 1989, by section 3(1)(b) Abolition of the…
Section 3 — Meaning of convicted on indictment
3 Meaning of convicted on indictment For the purposes of this Act, a person shall be deemed to be convicted on indictment if— (a) He pleads guilty on indictment; or (b) He is found guilty on…
Section Sch3 — Enactments amended
Schedule 3 Enactments amended s 411(1) Title of Act Amendment 1908, No 90—The Juries Act 1908 (1957 Reprint, Vol 6, p 745). The amendments specified have been incorporated in the reprinted Juries Act…
Section 4 — Meaning of ordinarily resident in New Zealand
4 Meaning of ordinarily resident in New Zealand For the purposes of this Act, a person shall be deemed to be ordinarily resident in New Zealand if— (a) His home is in New Zealand; or (b) He is…
Section Sch4 — United Kingdom enactments ceasing to have effect in New Zealand
Schedule 4 United Kingdom enactments ceasing to have effect in New Zealand s 412(1) 3 Edw 1, ch 25 Champerty by the King's officers. 3 Edw 1, ch 26 Extortion by the King's officers. 3 Edw 1, ch 28…
Section 5 — Application of Act
5 Application of Act (1) This Act applies to all offences for which the offender may be proceeded against and tried in New Zealand. (2) This Act applies to all acts done or omitted in New Zealand.…
Section Sch5 — New Zealand enactments repealed
Schedule 5 New Zealand enactments repealed s 412(2) 1908, No 32—The Crimes Act 1908. (1957 Reprint, Vol 3, p 249.) 1908, No 90—The Juries Act 1908: Sections 51 to 60, and section 97. (1957 Reprint,…
Section 6 — Persons not to be tried in respect of things done outside New Zealand
6 Persons not to be tried in respect of things done outside New Zealand Subject to the provisions of section 7 of this Act, no act done or omitted outside New Zealand is an offence, unless it is an…
Section Sch6 — Interception warrant
Schedule 6 Interception warrant s 312D(1) [Repealed] Schedule 6 was inserted, as from 1 August 1987, by section 5 Crimes Amendment (No 2) Act 1987 (1987 No 167). Schedule 6 was repealed, as from 1…
Section 7 — Place of commission of offence
7 Place of commission of offence For the purpose of jurisdiction, where any act or omission forming part of any offence, or any event necessary to the completion of any offence, occurs in New…
Section 7A — 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,…
Section 7B — Attorney-General's consent required where jurisdiction claimed under section 7A
7B Attorney-General's consent required where jurisdiction claimed under section 7A (1) Proceedings for an offence against section 98AA , section 98A , section 116 , section 117 , section 243 ,…
Section 8 — Jurisdiction in respect of crimes on ships or aircraft beyond New Zealand
8 Jurisdiction in respect of crimes on ships or aircraft beyond New Zealand (1) This section applies to any act done or omitted beyond New Zealand by any person— (a) On board any Commonwealth ship;…
Section 8A — Jurisdiction in respect of certain persons with diplomatic or consular immunity
8A Jurisdiction in respect of certain persons with diplomatic or consular immunity (1) This section applies to every person who is— (a) A head of mission or head of post within the meaning of the…
Section 9 — Offences not to be punishable except under New Zealand Acts
9 Offences not to be punishable except under New Zealand Acts No one shall be convicted of any offence at common law, or of any offence against any Act of the Parliament of England or the Parliament…
Section 10 — Offence under more than one enactment
10 Offence under more than one enactment (1) Where an act or omission constitutes an offence under this Act and under any other Act, the offender may be prosecuted and punished either under this Act…
Section 10A — Criminal enactments not to have retrospective effect
10A Criminal enactments not to have retrospective effect Notwithstanding any other enactment or rule of law to the contrary, no person shall be liable in any criminal proceedings in respect of an act…
Section 10B — Period of limitation
10B Period of limitation (1) Except with the prior consent of the Attorney-General, no proceedings in respect of an offence to which this section applies, or, where such proceedings have been…
Section 11 — Construction of other Acts
11 Construction of other Acts (1) Every Act shall be read and construed as if any offence therein mentioned for which the offender may be prosecuted by indictment (however the offence may be therein…
Section 12 — Summary jurisdiction
12 Summary jurisdiction Nothing in this Act shall be construed to limit or affect in any way any provision made by any other Act for the trial and punishment of indictable offences in a summary way.…
Section 13 — Powers of Courts under other Acts not affected
13 Powers of Courts under other Acts not affected Nothing in this Act shall be construed to limit or affect in any way any provision of any other Act conferring on any Court any power to pass a…
Section 14 — Form of sentence in capital cases
14 Form of sentence in capital cases [Repealed] Sections 14 to 16 were repealed, as from 26 December 1989, by section 3(1)(a) Abolition of the Death Penalty Act 1989 (1989 No 119).
Section 15 — Sentence of death not to be passed on pregnant woman
15 Sentence of death not to be passed on pregnant woman [Repealed] Sections 14 to 16 were repealed, as from 26 December 1989, by section 3(1)(a) Abolition of the Death Penalty Act 1989 (1989 No 119).
Section 16 — Sentence of death not to be passed on person under 18 years of age
16 Sentence of death not to be passed on person under 18 years of age [Repealed] Sections 14 to 16 were repealed, as from 26 December 1989, by section 3(1)(a) Abolition of the Death Penalty Act 1989…
Section 17 — No sentence of solitary confinement to be passed
17 No sentence of solitary confinement to be passed (1) No offender shall be sentenced to solitary confinement. (2) Every reference in any enactment to solitary confinement, or to imprisonment in…
Section 17A — Interpretation
17A Interpretation [Repealed] Sections 17A to 17E were inserted, as from 2 July 1999, by section 2 Crimes (Home Invasion) Amendment Act 1999 (1999 No 75). Sections 17A to 17E were repealed, as from…
Section 17B — Maximum terms of imprisonment for offences involving home invasion: offences otherwise carrying maximum term of 5, 7, or 10 years imprisonment
17B Maximum terms of imprisonment for offences involving home invasion: offences otherwise carrying maximum term of 5, 7, or 10 years imprisonment [Repealed] Sections 17A to 17E were inserted, as…
Section 17C — Maximum terms of imprisonment for offences involving home invasion: offences otherwise carrying maximum term of 14 or 20 years imprisonment
17C Maximum terms of imprisonment for offences involving home invasion: offences otherwise carrying maximum term of 14 or 20 years imprisonment [Repealed] Sections 17A to 17E were inserted, as from 2…
Section 17D — Parties, attempts, and accessories
17D Parties, attempts, and accessories [Repealed] Sections 17A to 17E were inserted, as from 2 July 1999, by section 2 Crimes (Home Invasion) Amendment Act 1999 (1999 No 75). Sections 17A to 17E were…
Section 17E — Maximum penalties for offences involving home invasion do not affect jurisdiction of trial court
17E Maximum penalties for offences involving home invasion do not affect jurisdiction of trial court [Repealed] Sections 17A to 17E were inserted, as from 2 July 1999, by section 2 Crimes (Home…
Section 18 — Putting under bond
18 Putting under bond [Repealed] Section 18 and the preceding heading were repealed, as from 1 October 1985, by section 3 Crimes Amendment Act (No 2) 1985 (1985 No 121).
Section 19 — Payment of fine, etc
19 Payment of fine, etc (1) Where the Court sentences an offender on conviction on indictment to pay a fine, or orders him to pay any other sum of money, it may do all or any of the following things—…
Section 19A — Supervision of offender when time for payment is allowed
19A Supervision of offender when time for payment is allowed [Repealed] Sections 19A to 19F were inserted, as from 1 January 1967, by section 2 Crimes Amendment Act 1966 (1966 No 98). Section 19A was…
Section 19DA — Community work, community detention, and home detention for non-payment of fine
19DA Community work, community detention, and home detention for non-payment of fine (1) In any case where, under section 19D of this Act, an order may be made for the imprisonment of any person in…
Section 19B — Immediate execution
19B Immediate execution If the Court which sentences an offender to pay a fine or which orders an offender to pay any other sum of money is of opinion— (a) That the offender has sufficient means to…
Section 19C — Warrant to collect fine or other sum of money ordered to be paid
19C Warrant to collect fine or other sum of money ordered to be paid (1) Where any fine imposed on conviction on indictment or any other sum of money which an offender has been ordered to pay is not…
Section 19D — Execution
19D Execution Where a constable or bailiff makes a report as mentioned in section 19C of this Act, the Judge who sentenced the offender to pay the fine or who ordered the offender to pay the other…
Section 19E — Period of imprisonment for non-payment of money
19E Period of imprisonment for non-payment of money (1) The period of imprisonment imposed under this Act in respect of the non-payment of any fine or other sum of money shall not exceed the maximum…
Section 19F — Stay of execution on appeal
19F Stay of execution on appeal The Court may at any time, in the case of any appeal or application for leave to appeal, or in any case if it thinks fit, suspend any order made under sections 19 ,…
Section 20 — General rule as to justifications
20 General rule as to justifications (1) All rules and principles of the common law which render any circumstances a justification or excuse for any act or omission, or a defence to any charge, shall…
Section 21 — Children under 10
21 Children under 10 (1) No person shall be convicted of an offence by reason of any act done or omitted by him when under the age of 10 years. (2) The fact that by virtue of this section any person…
Section 22 — Children between 10 and 14
22 Children between 10 and 14 (1) No person shall be convicted of an offence by reason of any act done or omitted by him when of the age of 10 but under the age of 14 years, unless he knew either…
Section 23 — Insanity
23 Insanity (1) Every one shall be presumed to be sane at the time of doing or omitting any act until the contrary is proved. (2) No person shall be convicted of an offence by reason of an act done…
Section 24 — Compulsion
24 Compulsion (1) Subject to the provisions of this section, a person who commits an offence under compulsion by threats of immediate death or grievous bodily harm from a person who is present when…
Section 25 — Ignorance of law
25 Ignorance of law The fact that an offender is ignorant of the law is not an excuse for any offence committed by him. Compare: 1908 No 32 s 45
Section 26 — Execution of sentence, process, or warrant
26 Execution of sentence, process, or warrant (1) Every ministerial officer of any Court authorised to execute a lawful sentence, and every prison manager of any prison, and every person lawfully…
Section 27 — Execution of erroneous sentence or process
27 Execution of erroneous sentence or process If a sentence is passed or a process is issued by a Court having jurisdiction under any circumstances to pass such a sentence or issue such a process, or…