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Crimes Act 1961

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

Section 196 — Common assault

196 Common assault Every one is liable to imprisonment for a term not exceeding one year who assaults any other person. Compare: 1908 No 32 s 210

Section 197 — Disabling

197 Disabling (1) Every one is liable to imprisonment for a term not exceeding 5 years who, wilfully and without lawful justification or excuse, stupefies or renders unconscious any other person. (2)…

Section 198 — Discharging firearm or doing dangerous act with intent

198 Discharging firearm or doing dangerous act with intent (1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to do grievous bodily harm,— (a) Discharges any…

Section 198A — Using any firearm against law enforcement officer, etc

198A Using any firearm against law enforcement officer, etc (1) Every one is liable to imprisonment for a term not exceeding 14 years who uses any firearm in any manner whatever against any member of…

Section 198B — Commission of crime with firearm

198B Commission of crime with firearm (1) Every one is liable to imprisonment for a term not exceeding 10 years who,— (a) In committing any crime, uses any firearm; or (b) While committing any crime,…

Section 199 — Acid throwing

199 Acid throwing (1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to injure or disfigure any one, throws at or applies to any person any corrosive or…

Section 200 — Poisoning with intent

200 Poisoning with intent (1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to cause grievous bodily harm to any one, administers to or causes to be taken by…

Section 201 — Infecting with disease

201 Infecting with disease (1) Every one is liable to imprisonment for a term not exceeding 14 years who, wilfully and without lawful justification or excuse, causes or produces in any other person…

Section 202 — Setting traps, etc

202 Setting traps, etc (1) Every one is liable to imprisonment for a term not exceeding 5 years who, with intent to injure, or with reckless disregard for the safety of others, sets or places or…

Section 202A — Possession of offensive weapons or disabling substances

202A Possession of offensive weapons or disabling substances (1) In subsection (4)(a) of this section offensive weapon means any article made or altered for use for causing bodily injury, or intended…

Section 202BA — Sentencing for second crime against section 202A(4)

202BA Sentencing for second crime against section 202A(4) Where— (a) Any person is convicted of a crime against paragraph (a) or paragraph (b) of section 202A(4) of this Act; and (b) That person has…

Section 202B — Powers in respect of crime against section 202A

202B Powers in respect of crime against section 202A (1) Where any constable has reasonable grounds for believing that any person is committing an offence against section 202A(4)(a) of this Act he…

Section 202C — Assault with weapon

202C Assault with weapon (1) Every one is liable to imprisonment for a term not exceeding 5 years who,— (a) In assaulting any person, uses any thing as a weapon; or (b) While assaulting any person,…

Repealed

Section 203 — Endangering transport

203 Endangering transport [Repealed] Section 203 was repealed, as from 1 October 2003, by section 8 Crimes Amendment Act 2003 (2003 No 39).

Section 204 — Impeding rescue

204 Impeding rescue (1) Every one is liable to imprisonment for a term not exceeding 10 years who, without lawful justification or excuse, prevents or impedes or attempts to prevent or impede any…

Section 204A — Female genital mutilation

204A Female genital mutilation (1) For the purposes of this section,— Female genital mutilation means the excision, infibulation, or mutilation of the whole or part of the labia majora, labia minora,…

Section 204B — Further offences relating to female genital mutilation

204B Further offences relating to female genital mutilation (1) Every one is liable to imprisonment for a term not exceeding 7 years who, with intent that there be done, outside New Zealand, to or in…

Section 205 — Bigamy defined

205 Bigamy defined (1) Bigamy is— (a) The act of a person who, being married, goes through a form of marriage or civil union in New Zealand with a third person; or (b) The act of a person who goes…

Section 206 — Punishment of bigamy

206 Punishment of bigamy Every one who commits bigamy is liable to imprisonment for a term not exceeding 7 years: Provided that if the Judge is satisfied that the person with whom the offender went…

Section 207 — Feigned marriage or feigned civil union

207 Feigned marriage or feigned civil union (1) Everyone is liable to imprisonment for a term not exceeding 7 years who goes through a form of marriage or civil union with any other person, knowing…

Section 208 — Abduction for purposes of marriage or sexual connection

208 Abduction for purposes of marriage or sexual connection Every one is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person without his or her…

Section 209 — Kidnapping

209 Kidnapping Every one is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person without his or her consent or with his or her consent obtained by…

Section 209A — Young person under 16 cannot consent to being taken away or detained

209A Young person under 16 cannot consent to being taken away or detained For the purposes of sections 208 and 209 , a person under the age of 16 years cannot consent to being taken away or detained.…

Section 210 — Abduction of young person under 16

210 Abduction of young person under 16 (1) Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to deprive a parent or guardian or other person having the lawful care…

Section 210A — People claiming in good faith right to possession of young person under 16

210A People claiming in good faith right to possession of young person under 16 A person who claims in good faith a right to the possession of a young person under the age of 16 years cannot be…

Repealed

Section 211 — Criminal libel and publishing defined

211 Criminal libel and publishing defined [Repealed] Part 9 (comprising sections 211 to 216) was repealed, as from 1 February 1993, by section 56(2) Defamation Act 1992 (1992 No 105).

Repealed

Section 212 — Publishing upon invitation

212 Publishing upon invitation [Repealed] Part 9 (comprising sections 211 to 216) was repealed, as from 1 February 1993, by section 56(2) Defamation Act 1992 (1992 No 105).

Repealed

Section 213 — No prosecution without leave of Judge

213 No prosecution without leave of Judge [Repealed] Part 9 (comprising sections 211 to 216) was repealed, as from 1 February 1993, by section 56(2) Defamation Act 1992 (1992 No 105).

Repealed

Section 214 — Plea of justification

214 Plea of justification [Repealed] Part 9 (comprising sections 211 to 216) was repealed, as from 1 February 1993, by section 56(2) Defamation Act 1992 (1992 No 105).

Repealed

Section 215 — Punishment of criminal libel

215 Punishment of criminal libel [Repealed] Part 9 (comprising sections 211 to 216) was repealed, as from 1 February 1993, by section 56(2) Defamation Act 1992 (1992 No 105).

Repealed

Section 216 — Criminal slander

216 Criminal slander [Repealed] Part 9 (comprising sections 211 to 216) was repealed, as from 1 February 1993, by section 56(2) Defamation Act 1992 (1992 No 105).

Section 216A — Interpretation

216A Interpretation (1) In this Part, unless the context otherwise requires,— intercept , in relation to a private communication, includes hear, listen to, record, monitor, acquire, or receive the…

Section 216B — Prohibition on use of interception devices

216B Prohibition on use of interception devices (1) Subject to subsections (2) to (5) , every one is liable to imprisonment for a term not exceeding 2 years who intentionally intercepts any private…

Section 216C — Prohibition on disclosure of private communications unlawfully intercepted

216C Prohibition on disclosure of private communications unlawfully intercepted (1) Subject to subsection (2) of this section, where a private communication has been intercepted in contravention of…

Section 216D — 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)…

Section 216E — Forfeiture

216E Forfeiture Where any person is convicted of a crime against section 216B or section 216D of this Act in respect of any interception devices the sole or principal purpose of which is the…

Section 216F — Unlawful disclosure

216F Unlawful disclosure (1) An unlawful disclosure is— (a) the intentional and unauthorised disclosure of the existence of an interception warrant to be exercised by a member of the police if the…

Section 216G — Intimate visual recording defined

216G Intimate visual recording defined (1) In sections 216H to 216N , intimate visual recording means a visual recording (for example, a photograph, videotape, or digital image) that is made in any…

Section 216H — Prohibition on making intimate visual recording

216H Prohibition on making intimate visual recording Everyone is liable to imprisonment for a term not exceeding 3 years who intentionally or recklessly makes an intimate visual recording of another…

Section 216I — Prohibition on possessing intimate visual recording in certain circumstances

216I Prohibition on possessing intimate visual recording in certain circumstances (1) Everyone is liable to imprisonment for a term not exceeding 3 years who has in his or her possession an intimate…

Section 216J — Prohibition on publishing, importing, exporting, or selling intimate visual recording

216J Prohibition on publishing, importing, exporting, or selling intimate visual recording (1) Everyone is liable to imprisonment for a term not exceeding 3 years who, knowing that a visual recording…

Section 216K — Exceptions to prohibition in section 216J

216K Exceptions to prohibition in section 216J (1) Nothing in section 216J(1)(a) , (b) , or (c) applies to anything done by any person in the course of, or in connection with, exercising or…

Section 216L — Disposal and forfeiture

216L Disposal and forfeiture (1) Where any person is convicted of an offence against section 216H or section 216I or section 216J , the Court may, in addition to or instead of passing any other…

Section 216M — Effect of appeal on order made under section 216L

216M Effect of appeal on order made under section 216L (1) If any person is convicted of an offence against section 216H or section 216I or section 216J , and any order is made under section 216L ,…

Section 216N — Protection from liability

216N Protection from liability (1) This section applies to the following persons: (a) any member of the police; and (b) any Customs officer; and (c) any officer or employee of the New Zealand…

Section 217 — Interpretation

217 Interpretation In this Part, unless the context otherwise requires,— dishonestly , in relation to an act or omission, means done or omitted without a belief that there was express or implied…

Section 218 — Matters of ownership

218 Matters of ownership (1) For the purposes of this Part, a person is to be regarded as the owner of any property that is stolen if, at the time of the theft, that person has— (a) possession or…

Section 219 — Theft or stealing

219 Theft or stealing (1) Theft or stealing is the act of,— (a) dishonestly and without claim of right, taking any property with intent to deprive any owner permanently of that property or of any…

Section 220 — Theft by person in special relationship

220 Theft by person in special relationship (1) This section applies to any person who has received or is in possession of, or has control over, any property on terms or in circumstances that the…

Section 221 — Theft of animals

221 Theft of animals Every one commits theft if he or she kills any animal that is the property of any other person with intent to steal the carcass, skin, or plumage, or any other part, of the…