VadeLab

Crimes Act 1961

Sections and provisions with full text and the judgments that cite each one.

Section 77 — Inciting to mutiny

77 Inciting to mutiny Every one owing allegiance to Her Majesty the Queen in right of New Zealand is liable to imprisonment for a term not exceeding 10 years who, within or outside New Zealand, for…

Section 78 — Espionage

78 Espionage Every one is liable to imprisonment for a term not exceeding 14 years who, being a person who owes allegiance to the Queen in right of New Zealand, within or outside New Zealand,— (a)…

Section 78A — Wrongful communication, retention, or copying of official information

78A Wrongful communication, retention, or copying of official information (1) Every one is liable to imprisonment for a term not exceeding 3 years who, being a person who owes allegiance to the Queen…

Section 78B — Consent of Attorney-General to proceedings in relation to espionage or 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 (1) No information shall be laid against any person…

Section 78C — 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;…

Section 78D — Search without warrant

78D Search without warrant (1) Where a commissioned officer of the Police is satisfied that there is reasonable ground for believing— (a) That there is in any building, aircraft, ship, hovercraft,…

Section 79 — Sabotage

79 Sabotage (1) Every one is liable to imprisonment for a term not exceeding 10 years who, with intent to prejudice the safety, security, or defence of New Zealand or the safety or security of the…

Section 80 — Oath to commit offence

80 Oath to commit offence (1) Every one is liable to imprisonment for a term not exceeding 5 years who— (a) Administers or is present at and consenting to the administration of any oath or engagement…

Repealed

Section 81 — Seditious offences defined

81 Seditious offences defined [Repealed] Section 81: repealed, on 1 January 2008, by section 5 of the Crimes (Repeal of Seditious Offences) Amendment Act 2007 (2007 No 96).

Repealed

Section 82 — Seditious conspiracy

82 Seditious conspiracy [Repealed] Section 82: repealed, on 1 January 2008, by section 5 of the Crimes (Repeal of Seditious Offences) Amendment Act 2007 (2007 No 96).

Repealed

Section 83 — Seditious statements

83 Seditious statements [Repealed] Section 83: repealed, on 1 January 2008, by section 5 of the Crimes (Repeal of Seditious Offences) Amendment Act 2007 (2007 No 96).

Repealed

Section 84 — Publication of seditious documents

84 Publication of seditious documents [Repealed] Section 84: repealed, on 1 January 2008, by section 5 of the Crimes (Repeal of Seditious Offences) Amendment Act 2007 (2007 No 96).

Repealed

Section 85 — Use of apparatus for making seditious documents or statements

85 Use of apparatus for making seditious documents or statements [Repealed] Section 85: repealed, on 1 January 2008, by section 5 of the Crimes (Repeal of Seditious Offences) Amendment Act 2007 (2007…

Section 86 — Unlawful assembly

86 Unlawful assembly (1) An unlawful assembly is an assembly of 3 or more persons who, with intent to carry out any common purpose, assemble in such a manner, or so conduct themselves when assembled,…

Section 87 — Riot

87 Riot (1) A riot is a group of 6 or more persons who, acting together, are using violence against persons or property to the alarm of persons in the neighbourhood of that group. (2) Every member of…

Repealed

Section 88 — Reading the Riot Act

88 Reading the Riot Act [Repealed] Sections 88 and 89 were repealed, as from 12 March 1987, by section 3 Crimes Amendment Act 1987 (1987 No 1).

Repealed

Section 89 — Failure of rioters to disperse

89 Failure of rioters to disperse [Repealed] Sections 88 and 89 were repealed, as from 12 March 1987, by section 3 Crimes Amendment Act 1987 (1987 No 1).

Section 90 — Riotous damage

90 Riotous damage Every one is liable to imprisonment for a term not exceeding 7 years who, being a member of a riot, unlawfully damages any property. Compare: 1908 No 32 ss 106, 107(1) Section 90…

Section 91 — Forcible entry and detainer

91 Forcible entry and detainer (1) Every one commits forcible entry when, by force or in a manner that causes or is likely to cause a breach of the peace or reasonable apprehension of a breach of the…

Section 92 — Piracy

92 Piracy (1) Every one who does any act amounting to piracy by the law of nations, whether that act is done within or outside New Zealand,— (a) Shall upon conviction thereof be sentenced to…

Section 93 — Piratical acts

93 Piratical acts (1) Every one commits a piratical act who— (a) Within New Zealand, or, being a New Zealand citizen or a person ordinarily resident in New Zealand, outside New Zealand, under…

Section 94 — Punishment of piratical acts

94 Punishment of piratical acts Every one who commits any piratical act— (a) Shall upon conviction thereof be sentenced to imprisonment for life if, in committing that act, he murders, attempts to…

Section 95 — Attempts to commit piracy

95 Attempts to commit piracy Every one is liable to imprisonment for a term not exceeding 14 years who, within or outside New Zealand, attempts to do any act amounting to piracy by the law of nations.

Section 96 — Conspiring to commit piracy

96 Conspiring to commit piracy Every one is liable to imprisonment for a term not exceeding 10 years who, within or outside New Zealand, conspires with any other person to do any act amounting to…

Section 97 — Accessory after the fact to piracy

97 Accessory after the fact to piracy Every one is liable to imprisonment for a term not exceeding 7 years who, within or outside New Zealand, is accessory after the fact to any act amounting to…

Section 98 — Dealing in slaves

98 Dealing in slaves (1) Every one is liable to imprisonment for a term not exceeding 14 years who, within or outside New Zealand,— (a) Sells, purchases, transfers, barters, lets, hires, or in any…

Section 98A — Participation in organised criminal group

98A Participation in organised criminal group (1) Every one is liable to imprisonment for a term not exceeding 5 years who participates (whether as a member or an associate member or prospective…

Section 98AA — Dealing in people under 18 for sexual exploitation, removal of body parts, or engagement in forced labour

98AA Dealing in people under 18 for sexual exploitation, removal of body parts, or engagement in forced labour (1) Every one is liable to imprisonment for a term not exceeding 14 years who— (a)…

Section 98B — Terms used in sections 98C to 98F

98B Terms used in sections 98C to 98F In sections 98C to 98F , unless the context otherwise requires,— act of coercion against the person includes— (a) abducting the person: (b) using force in…

Section 98C — Smuggling migrants

98C Smuggling migrants (1) Every one is liable to the penalty stated in subsection (3) who arranges for an unauthorised migrant to enter New Zealand or any other state, if he or she— (a) does so for…

Section 98D — Trafficking in people by means of coercion or deception

98D Trafficking in people by means of coercion or deception (1) Every one is liable to the penalty stated in subsection (2) who— (a) arranges the entry of a person into New Zealand or any other state…

Section 98E — Aggravating factors

98E Aggravating factors (1) When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98C or section 98D , a court must take into…

Section 98F — Attorney-General's consent to prosecutions required

98F Attorney-General's consent to prosecutions required (1) Proceedings for an offence against section 98C or section 98D cannot be brought in a New Zealand court without the Attorney-General's…

Section 99 — Interpretation

99 Interpretation In this part of this Act, unless the context otherwise requires,— Bribe means any money, valuable consideration, office, or employment, or any benefit, whether direct or indirect…

Section 100 — Judicial corruption

100 Judicial corruption (1) Every judicial officer is liable to imprisonment for a term not exceeding 14 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain,…

Section 101 — Bribery of judicial officer, etc

101 Bribery of judicial officer, etc (1) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to…

Section 102 — Corruption and bribery of Minister of the Crown

102 Corruption and bribery of Minister of the Crown (1) Every Minister of the Crown or member of the Executive Council is liable to imprisonment for a term not exceeding 14 years who corruptly…

Section 103 — Corruption and bribery of member of Parliament

103 Corruption and bribery of member of Parliament (1) Every member of Parliament is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or offers to…

Section 104 — Corruption and bribery of law enforcement officer

104 Corruption and bribery of law enforcement officer (1) Every law enforcement officer is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or…

Section 105 — Corruption and bribery of official

105 Corruption and bribery of official (1) Every official is liable to imprisonment for a term not exceeding 7 years who, whether within New Zealand or elsewhere, corruptly accepts or obtains, or…

Section 105A — Corrupt use of official information

105A Corrupt use of official information Every official is liable to imprisonment for a term not exceeding 7 years who, whether within New Zealand or elsewhere, corruptly uses or discloses any…

Section 105B — Use or disclosure of personal information disclosed in breach of section 105A

105B Use or disclosure of personal information disclosed in breach of section 105A (1) Every person is liable to imprisonment for a term not exceeding 7 years who,— (a) Having received personal…

Section 105C — Bribery of foreign public official

105C Bribery of foreign public official (1) In this section and in sections 105D and 105E ,— benefit means any money, valuable consideration, office, or employment, or any benefit, whether direct or…

Section 105D — Bribery outside New Zealand of foreign public official

105D Bribery outside New Zealand of foreign public official (1) Every one commits an offence who, being a person described in subsection (2) , does, outside New Zealand, any act that would, if done…

Section 105E — Exception for acts lawful in country of foreign public official

105E Exception for acts lawful in country of foreign public official (1) Sections 105C and 105D do not apply if the act that is alleged to constitute an offence under either of those sections— (a)…

Section 106 — Restrictions on prosecution

106 Restrictions on prosecution (1) No one shall be prosecuted for an offence against any of the provisions of sections 100 , 101 , 104 , 105 105A , 105B , 105C , and 105D ,, without the leave of the…

Section 107 — Contravention of statute

107 Contravention of statute (1) Every one is liable to imprisonment for a term not exceeding one year who, without lawful excuse, contravenes any enactment by wilfully doing any act which it…

Section 108 — Perjury defined

108 Perjury defined (1) Perjury is an assertion as to a matter of fact, opinion, belief, or knowledge made by a witness in a judicial proceeding as part of his evidence on oath, whether the evidence…

Section 109 — Punishment of perjury

109 Punishment of perjury (1) Except as provided in subsection (2) of this section, every one is liable to imprisonment for a term not exceeding 7 years who commits perjury. (2) If perjury is…

Section 110 — False oaths

110 False oaths Every one is liable to imprisonment for a term not exceeding 5 years who, being required or authorised by law to make any statement on oath or affirmation, thereupon makes a statement…