(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.

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 offence by virtue of any provision of this Act or of any other enactment.

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 Zealand, the offence shall be deemed to be committed in New Zealand, whether the person charged with the offence was in New Zealand or not at the time of the act, omission, or event.

(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.

(1) Proceedings for an offence against section 98AA, section 98A, section 116, section 117, section 243, section 298A, or section 298B cannot be brought in a New Zealand court against a person without the Attorney-General's consent, if jurisdiction over the person is claimed by virtue of section 7A.

(2) A person over whom jurisdiction is claimed by virtue of section 7A may be arrested for an offence against section 98AA, section 98A, section 116, section 117, or section 243, or a warrant for the person's arrest for the offence may be issued and executed, and the person may be remanded in custody or on bail, even though the Attorney-General's consent to the bringing of proceedings against the person has not been obtained.

(3) Proceedings for an 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) cannot be brought in a New Zealand court against a person without the Attorney-General's consent, if jurisdiction over the person is claimed solely by virtue of section 7A.

(1) This section applies to any act done or omitted beyond New Zealand by any person—

• (a) On board any Commonwealth ship; or

• (b) On board any New Zealand aircraft; or

• (c) On board any ship or aircraft, if that person arrives in New Zealand on that ship or aircraft in the course or at the end of a journey during which the act was done or omitted; or

• (d) Being a British subject, on board any foreign ship (not being a ship to which he belongs) on the high seas, or on board any such ship within the territorial waters of any Commonwealth country; or

• (e) Being a New Zealand citizen or a person ordinarily resident in New Zealand, on board any aircraft:

  Provided that paragraph (c) of this subsection shall not apply where the act was done or omitted by a person, not being a British subject, on any ship or aircraft for the time being used as a ship or aircraft of any of the armed forces of a country that is not a Commonwealth country.

(2) Where any person does or omits any act to which this section applies, and that act or omission would, if it occurred within New Zealand, be a crime under this Act or under any other enactment (whether that enactment was passed before or after the commencement of this Act), then, subject to the provisions of this Act and of that other enactment, he shall be liable on conviction on indictment or, in the case of a crime to which Part 1 of the Summary Proceedings Act 1957 applies, either on conviction on indictment or on summary conviction under that Part, as if the act or omission had occurred in New Zealand:

Provided that where any proceedings are taken by virtue of the jurisdiction conferred by this section it shall be a defence to prove that the act or omission would not have been an offence under the law of the country of which the person charged was a national or citizen at the time of the act or omission, if it had occurred in that country.

(3) Where at any place beyond New Zealand any person who belongs, or within 3 months previously has belonged, to any Commonwealth ship does or omits any act, whether on shore or afloat, not being an act or omission to which subsection (1) of this section applies, and that act or omission would, if it occurred within New Zealand, be a crime, then this section shall apply in respect of that act or omission in the same manner in all respects as if it had occurred on board a Commonwealth ship.

(4) The provisions of this section shall have the same operation in relation to the Republic of Ireland and to the citizens thereof, and to ships registered therein or belonging thereto, and to persons who belong or have belonged to those ships, and to all other persons on board those ships, as if the Republic of Ireland were a Commonwealth country and as if the citizens thereof were British subjects.

(5) This section shall be read subject to the provisions of section 400 of this Act.

(6) In this section, the expression British subject includes a British protected person within the meaning of the British Nationality and Citizenship Act 1948.

(7) Nothing in this section shall apply with respect to any crime against the Maritime Transport Act 1994 or Part 5A of the Civil Aviation Act 1990.

(1) This section applies to every person who is—

• (a) A head of mission or head of post within the meaning of the Foreign Affairs Act 1988; or

• (b) A person who is on overseas service pursuant to section 6 of the Foreign Affairs Act 1988; or

• (c) A New Zealand citizen ordinarily resident in New Zealand and who is—

  • (i) A member of the family of a person described in paragraph (a) or paragraph (b) of this subsection; or

  • (ii) A member of the staff of a New Zealand overseas post or a New Zealand overseas mission, whether or not an officer or employee of the Ministry of Foreign Affairs and Trade or a person employed under section 10 of the Foreign Affairs Act 1988; or

  • (iii) An officer or employee of the State services (as defined in section 2(1) of the State Sector Act 1988), or of the New Zealand Trade Development Board (as established by New Zealand Trade and Enterprise (as established by the New Zealand Trade and Enterprise Act 2003), who is serving in a New Zealand overseas post or a New Zealand overseas mission.

(2) Where—

• (a) Any person to whom this section applies does, or omits to do, any act outside New Zealand (whether or not the act or omission concerned constitutes an offence under the laws in force in the place where it took place) that, if done or omitted within New Zealand would constitute an offence punishable by imprisonment for one year or more; and

• (b) That person has immunity from criminal jurisdiction in the place where that act or omission took place; and

• (c) That immunity has not been waived (otherwise than to any extent necessary to enable the extradition of that person),—

that act or omission shall be deemed to have taken place within New Zealand.

(3) No information shall be laid against any person over whom jurisdiction is claimed by virtue of subsection (2) of this section without the leave of the Attorney-General.

(4) Subsection (5) of this section applies to any offence to the laying of an information in respect of which the consent of the Attorney-General is required by subsection (3) of this section.

(5) Where any person is alleged to have committed an offence to which this subsection applies,—

• (a) He may be arrested; or

• (b) A warrant for his arrest may be issued and executed,—

and he may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General has not been obtained to the laying of an information in respect of that offence; but no further proceedings shall be taken until that consent has been obtained.

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 of Great Britain or the Parliament of the United Kingdom:

Provided that—

• (a) Nothing in this section shall limit or affect the power or authority of the House of Representatives or of any Court to punish for contempt:

• (b) Nothing in this section shall limit or affect the jurisdiction or powers of any Court Martial, or of any officer in any of the New Zealand forces.

(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 or under that other Act.

(2) Where an Act or omission constitutes an offence under 2 or more Acts other than this Act, the offender may be prosecuted and punished under any one of those Acts.

(3) Where an act or omission constitutes an offence under 2 or more provisions of this Act or of any other Act, the offender may be prosecuted and punished under any one of those provisions.

(4) No one shall be liable, whether on conviction on indictment or on summary conviction, to be punished twice in respect of the same offence.

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 or omission by him if, at the time of the act or omission, the act or omission by him did not constitute an offence.

(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 commenced, no further steps in the proceedings (other than steps subsequent to the trial or hearing) shall be taken after the expiration of 10 years from the date of the commission of the offence.

(2) This section shall apply to the following offences:

• (a) An offence punishable by a fine only, where the maximum fine that may be imposed in respect of that offence is less than $2,000:

• (b) An offence punishable by imprisonment, where the maximum term of imprisonment that may be imposed in respect of that offence is less than 3 years.

(3) This section shall apply with respect to offences committed before or after the commencement of this section and, in the case of an offence committed before the commencement of this section, whether or not proceedings in respect of the offence have been commenced before the commencement of this section or are in progress at the commencement of this section.

(4) Nothing in this section shall derogate from the provisions of any other Act fixing a period of limitation of less than 10 years for the commencement of proceedings in respect of an offence.

(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 described or referred to) were described or referred to as a crime; and all provisions of this Act relating to crimes generally shall apply to every such offence.

(2) Every commission, Proclamation, warrant, or other document relating to criminal procedure in which offences that are crimes as defined by this Act are described or referred to by any names whatever shall be read and construed as if those offences were therein described and referred to as crimes.

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.

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 sentence or impose a punishment or make an order in addition to or instead of a sentence or punishment prescribed by this Act, or otherwise to deal with any offender.

(1) No offender shall be sentenced to solitary confinement.

(2) Every reference in any enactment to solitary confinement, or to imprisonment in solitary confinement, shall hereafter be construed as a reference to imprisonment.

(3) Nothing in this section shall be construed to limit or affect any of the provisions of the Corrections Act 2004, or of any regulations thereunder, in respect of offences against discipline.

(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—

• (a) Allow time for payment:

• (b) Direct payment to be made by instalments:

• (c) Direct payment to be made to such person or persons and in such place or places as the Court may specify.

(2) Where a sum is directed to be paid by instalments and default is made in the payment of any one instalment, the same proceedings may be taken as if default had been made in the payment of all instalments then remaining unpaid.

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 pay the fine or other sum of money forthwith; or

• (b) That the offender has no fixed place of residence; or

• (c) That for any other reason, having reference to the gravity of the offence, the character of the offender, or other special circumstances, execution should issue without delay—

the Court may direct that a writ of sale be issued against the personal property of an offender, without waiting for the expiration of the period mentioned in the rules of Court made under this Act, or it may impose on the offender a period of imprisonment in default of payment of the fine or other sum of money (not exceeding the appropriate maximum period prescribed in section 19E of this Act).

(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 paid within 14 days thereafter, or within such further time as may be allowed or fixed for the payment thereof, any Registrar may issue a warrant in the form prescribed in the rules of Court made under this Act to collect the sum or so much of it as remains unpaid.

(2) Where a warrant has been issued under this section, the constable or bailiff executing it shall demand payment from the offender if he can be found and shall, unless the fine or other sum of money, or so much of it as remains unpaid, and the fee for the issue of the warrant are sooner paid, make a report as to the means of the offender so far as he has been able to ascertain them, or, as the case may be, a report that after reasonable inquiry the offender could not be found.

(3) In this section and section 19D, bailiff means a bailiff of a District Court; and includes any deputy bailiff and any person acting as bailiff under section 15 of the District Courts Act 1947.

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 sum of money or, if that Judge is not available, any other Judge, shall consider the report and may make such order as he thinks fit including an order for the remission of either the whole or part of the fine or other sum of money, an order for the issue of a writ of sale or an order for the immediate imprisonment of the offender, or an order allowing time for payment or allowing payment by instalments.

(1) In any case where, under section 19D of this Act, an order may be made for the imprisonment of any person in respect of the non-payment of any fine or other sum of money, the Judge may issue a summons to that person, or, whether or not a summons has been issued or served, may issue a warrant to arrest that person and bring him before the High Court.

(2) On the appearance of that person before the Court, the Court may, in its discretion, after considering the report referred to in section 19D, and after taking into account any other fines and any amount of reparation owing by that person, sentence that person to community work in accordance with the relevant provisions of Part 2 of the Sentencing Act 2002.

(3) A sentence of community work may be imposed under this section, even though none of the offences in respect of which the fines were imposed was punishable by imprisonment.

(4) If any person is sentenced to community work under this section for the non-payment of the whole or any part of a fine or other sum of money, that fine or part of a fine or other sum of money is deemed to be remitted.

(5) If the Court sentences any person to community work under this section, that person has the same right of appeal to the Court of Appeal against the sentence as the person would have had if the sentence had been imposed by the High Court after his or her conviction in the High Court.

(6) If the Court of Appeal quashes the sentence of community work on appeal, it must, at the same time, direct that the case be remitted to the High Court to be dealt with under section 19D.

(7) If, on appeal from the Court of Appeal, the Supreme Court quashes the sentence of community work, it must, at the same time, direct that the case be remitted to the High Court to be dealt with under section 19D.

(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 term of imprisonment to which the offender was liable on the conviction or 2 years, whichever is the less.

(2) Where a person is imprisoned for non-payment of any fine or other sum of money, he may pay or cause to be paid to the prison manager of the prison in which he is imprisoned the sum payable and the prison manager shall thereupon discharge that person, unless he is in custody for some other matter.

(3) Where any person who is imprisoned for non-payment of any fine or other sum of money pays or causes to be paid to any person authorised or entitled to receive the same any sum in partial satisfaction of the total amount (including costs and charges) for which he is liable, the term of his imprisonment shall be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days for which he has been committed as the sum so paid bears to the total amount (including costs and charges) for which he is liable, and the prison manager of the prison in which he is imprisoned shall, upon the expiration of the term so reduced, discharge that person unless he is in custody for some other matter.

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, 19A, 19B, or 19D of this Act or any warrant issued under section 19C of this Act.

(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 remain in force and apply in respect of a charge of any offence, whether under this Act or under any other enactment, except so far as they are altered by or are inconsistent with this Act or any other enactment.

(2) The matters provided for in this Part of this Act are hereby declared to be justifications or excuses in the case of all charges to which they are applicable.

(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 has not been or is not liable to be convicted of an offence shall not affect the question whether any other person who is alleged to be a party to that offence is guilty of that offence.

(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 that the act or omission was wrong or that it was contrary to law.

(2) The fact that by virtue of this section any person has not been or is not liable to be convicted of an offence shall not affect the question whether any other person who is alleged to be a party to that offence is guilty of that offence.

(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 or omitted by him when labouring under natural imbecility or disease of the mind to such an extent as to render him incapable—

• (a) Of understanding the nature and quality of the act or omission; or

• (b) Of knowing that the act or omission was morally wrong, having regard to the commonly accepted standards of right and wrong.

(3) Insanity before or after the time when he did or omitted the act, and insane delusions, though only partial, may be evidence that the offender was, at the time when he did or omitted the act, in such a condition of mind as to render him irresponsible for the act or omission.

(4) The fact that by virtue of this section any person has not been or is not liable to be convicted of an offence shall not affect the question whether any other person who is alleged to be a party to that offence is guilty of that offence.

(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 the offence is committed is protected from criminal responsibility if he believes that the threats will be carried out and if he is not a party to any association or conspiracy whereby he is subject to compulsion.

(2) Nothing in subsection (1) of this section shall apply where the offence committed is an offence specified in any of the following provisions of this Act, namely:

• (a) Section 73 (treason) or section 78 (communicating secrets):

• (b) Section 79 (sabotage):

• (c) Section 92 (piracy):

• (d) Section 93 (piratical acts):

• (e) Sections 167 and 168 (murder):

• (f) Section 173 (attempt to murder):

• (g) Section 188 (wounding with intent):

• (h) Subsection (1) of section 189 (injuring with intent to cause grievous bodily harm):

• (i) Section 208 (abduction):

• (j) Section 209 (kidnapping):

• (k) section 234 (robbery):

• (ka) [Repealed]

• (l) section 235 (aggravated robbery):

• (m) section 267 (arson).

(3) Where a woman who is married or in a civil union commits an offence, the fact that her husband or civil union partner was present at the commission of the offence does not of itself raise a presumption of compulsion.

The fact that an offender is ignorant of the law is not an excuse for any offence committed by him.

(1) Every ministerial officer of any Court authorised to execute a lawful sentence, and every prison manager of any prison, and every person lawfully assisting any such ministerial officer or prison manager, is justified in executing the sentence.

(2) Every ministerial officer of any Court duly authorised to execute any lawful process of the Court, whether of a civil or a criminal nature, and every person lawfully assisting him, is justified in executing it; and every prison manager required under the process to receive and detain any person is justified in receiving and detaining him.

(3) Every one duly authorised to execute a lawful warrant issued by any Court or Justice or Community Magistrate or other person having jurisdiction to issue the warrant, and every person lawfully assisting him, is justified in executing the warrant; and every prison manager required under the warrant to receive and detain any person is justified in receiving and detaining him.

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 if a warrant is issued by a Court or person having jurisdiction under any circumstances to issue such a warrant, the sentence passed or process or warrant issued shall be sufficient to justify the execution of it by every officer, prison manager, or other person authorised to execute it, and by every person lawfully assisting him, notwithstanding that—

• (a) The Court passing the sentence or issuing the process had no authority to pass that sentence or issue that process in the particular case; or

• (b) The Court or other person issuing the warrant had no jurisdiction to issue it, or exceeded its or his jurisdiction in issuing it, in the particular case.

(1) Every officer, prison manager, or person executing any sentence, process, or warrant, and every person lawfully assisting him, shall be protected from criminal responsibility if—

• (a) He acts in good faith under the belief that the sentence or process was that of a Court having jurisdiction, or, as the case may be, that the warrant was that of a Court, Justice, Community Magistrate, or other person having authority to issue warrants; and

• (b) It is proved that the person passing the sentence or issuing the process acted as such a Court under colour of having some appointment or commission lawfully authorising him to act as such a Court, or, as the case may require, that the person issuing the warrant acted as a Justice, Community Magistrate, or other person having authority to do so.

(2) This section shall apply notwithstanding that, in fact,—

• (a) Any such appointment or commission as aforesaid did not exist or had expired; or

• (b) The Court or the person passing the sentence or issuing the process was not the Court or the person authorised by the appointment or commission to act; or

• (c) The person issuing the warrant was not duly authorised to issue it.

(1) Every one acting under a warrant or process that is bad in law on account of some defect in substance or in form, apparent on the face of it, shall be protected from criminal responsibility to the same extent and subject to the same provisions as if the warrant or process were good in law if in good faith and without culpable ignorance or negligence he believed that the warrant or process was good in law; and ignorance of the law shall in this case be an excuse.

(2) It is a question of law whether the facts of which there is evidence do or do not constitute culpable ignorance or negligence in his so believing the warrant or process to be good in law.

(1) Every one duly authorised to execute a warrant to arrest who thereupon arrests a person, believing in good faith and on reasonable and probable grounds that he is the person named in the warrant, shall be protected from criminal responsibility to the same extent and subject to the same provisions as if the person arrested had been the person named in the warrant.

(2) Every one called on to assist the person making such arrest, and believing that the person in whose arrest he is called on to assist is the person for whose arrest the warrant is issued, and every prison manager who is required to receive and detain the person arrested, shall be protected from criminal responsibility to the same extent and subject to the same provisions as if the person arrested had been the person named in the warrant.

Every constable is justified in arresting any person without warrant in accordance with the provisions of section 315 of this Act or in accordance with any other enactment conferring on him a power so to arrest.

Where under any enactment any constable has power to arrest without warrant any person who has committed an offence, the constable is justified in arresting without warrant any person whom he believes, on reasonable and probable grounds, to have committed that offence, whether or not the offence has in fact been committed, and whether or not the arrested person committed it.

Every officer or other person, not being a constable, who is authorised by any enactment to arrest any person without warrant is justified in so arresting any person in accordance with the provisions of that enactment.

(1) Every one called upon by a constable to assist him in the arrest of any person believed or suspected to have committed any offence is justified in assisting unless he knows that there is no reasonable ground for the belief or suspicion.

(2) Where by any enactment it is provided that any officer or person, not being a constable, may call upon any other person to assist him in arresting without warrant any one who has committed or is found committing any offence, every person so called upon is justified in assisting unless he knows that there is no reasonable ground for believing that the person to be arrested has committed the offence.

Every one is justified in arresting without warrant—

• (a) Any person whom he finds committing any offence against this Act that is punishable by death or for which the maximum punishment is not less than 3 years' imprisonment:

• (b) Any person whom he finds by night committing any offence against this Act.

Every one is protected from criminal responsibility for arresting without warrant any person whom he finds by night in circumstances affording reasonable and probable grounds for believing that that person is committing an offence against this Act.

Where any offence against this Act has been committed, every one who believes, on reasonable and probable grounds, that any person has committed that offence is protected from criminal responsibility for arresting that person without warrant, whether or not that person committed the offence.

(1) Every one is protected from criminal responsibility for arresting without warrant any person whom he believes, on reasonable and probable grounds, to have committed an offence against this Act, and to be escaping from and to be freshly pursued by any one whom he believes, on reasonable and probable grounds, to have lawful authority to arrest that person for the offence.

(2) This section shall apply whether or not the offence has in fact been committed, and whether or not the arrested person committed it.

Where any person is justified, or protected from criminal responsibility, in executing or assisting to execute any sentence, warrant, or process, or in making or assisting to make any arrest, that justification or protection shall extend and apply to the use by him of such force as may be necessary to overcome any force used in resisting such execution or arrest, unless the sentence, warrant, or process can be executed or the arrest made by reasonable means in a less violent manner:

Provided that, except in the case of a constable or a person called upon by a constable to assist him, this section shall not apply where the force used is intended or likely to cause death or grievous bodily harm.

(1) Where any person is lawfully authorised to arrest or to assist in arresting any other person, or is justified in or protected from criminal responsibility for arresting or assisting to arrest any other person, that authority, justification, or protection, as the case may be, shall extend and apply to the use of such force as may be necessary—

• (a) To prevent the escape of that other person if he takes to flight in order to avoid arrest; or

• (b) To prevent the escape or rescue of that other person after his arrest—

unless in any such case the escape or rescue can be prevented by reasonable means in a less violent manner:

Provided that, except in the case of a constable or a person called upon by a constable to assist him, this subsection shall not apply where the force used is intended or likely to cause death or grievous bodily harm.

(2) Where any prisoner of a prison is attempting to escape from lawful custody, or is fleeing after having escaped therefrom, every constable, and every person called upon by a constable to assist him, is justified in using such force as may be necessary to prevent the escape of or to recapture the prisoner, unless in any case the escape can be prevented or the recapture effected by reasonable means in a less violent manner.

Every one is justified in using such force as may be reasonably necessary in order to prevent the commission of suicide, or the commission of an offence which would be likely to cause immediate and serious injury to the person or property of any one, or in order to prevent any act being done which he believes, on reasonable grounds, would, if committed, amount to suicide or to any such offence.

(1) Every one who witnesses a breach of the peace is justified in interfering to prevent its continuance or renewal, and may detain any person committing it, in order to give him into the custody of a constable:

Provided that the person interfering shall use no more force than is reasonably necessary for preventing the continuance or renewal of the breach of the peace, or than is reasonably proportionate to the danger to be apprehended from its continuance or renewal.

(2) Every constable who witnesses a breach of the peace, and every person lawfully assisting him, is justified in arresting any one whom he finds committing it.

(3) Every constable is justified in receiving into custody any person given into his charge, as having been a party to a breach of the peace, by one who has witnessed it or whom the constable believes on reasonable and probable grounds to have witnessed it.

Every one is justified in using such force as is necessary to suppress a riot, if the force used is not disproportionate to the danger to be apprehended from the continuance of the riot.

The senior member of the Police for the time being acting at the place of any riot is justified in using and ordering to be used, and every constable is justified in using, such force as he believes, in good faith and on reasonable and probable grounds, to be necessary to suppress the riot, not being disproportionate to the danger which he believes, on reasonable and probable grounds, is to be apprehended from the continuance of the riot.

(1) Every one, whether a member of the New Zealand forces or not, acting in good faith in obedience to orders for the suppression of any riot given by the senior member of the Police for the time being acting at the place of the riot is justified in obeying the orders so given, unless those orders are manifestly unlawful; and is protected from criminal responsibility for using such force as he believes, on reasonable and probable grounds, to be necessary for carrying those orders into effect.

(2) It is a question of law whether any particular order is manifestly unlawful or not.

Every one, whether a member of the New Zealand forces or not, who believes, in good faith and on reasonable and probable grounds, that serious mischief will arise from the riot before there is time to procure the intervention of the Police, is justified in using such force as he believes, in good faith and on reasonable and probable grounds, to be necessary to suppress the riot, not being disproportionate to the danger which he believes, on reasonable grounds, is to be apprehended from the continuance of the riot.

(1) Every one bound as a member of the New Zealand forces to obey the lawful command of his superior officer is justified in obeying any command given him by any such officer for the suppression of a riot, unless the command is manifestly unlawful.

(2) It is a question of law whether any particular command is manifestly unlawful or not.

Every one is justified in using, in the defence of himself or another, such force as, in the circumstances as he believes them to be, it is reasonable to use.

(1) Every one in peaceable possession of any movable thing, and every one lawfully assisting him, is justified in using reasonable force to resist the taking of the thing by any trespasser or to retake it from any trespasser, if in either case he does not strike or do bodily harm to the trespasser.

(2) [Repealed]

(1) Every one in peaceable possession of any movable thing under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending his possession by the use of reasonable force, even against a person entitled by law to possession, if he does not strike or do bodily harm to the other person.

(2) [Repealed]

(1) Every one in peaceable possession of any movable thing, but neither claiming right thereto nor acting under the authority of a person claiming right thereto, is neither justified in nor protected from criminal responsibility for defending his possession against a person entitled by law to possession.

(2) [Repealed]

Every one in peaceable possession of a dwellinghouse, and every one lawfully assisting him or acting by his authority, is justified in using such force as is necessary to prevent the forcible breaking and entering of the dwellinghouse by any person if he believes, on reasonable and probable grounds, that there is no lawful justification for the breaking and entering.

(1) Every one in peaceable possession of any land or building, and every one lawfully assisting him or acting by his authority, is justified in using reasonable force to prevent any person from trespassing on the land or building or to remove him therefrom, if he does not strike or do bodily harm to that person.

(2) [Repealed]

(1) Every one is justified in peaceably entering in the daytime on any land or building to the possession of which he, or some person under whose authority he acts, is lawfully entitled, for the purpose of taking possession thereof.

(2) [Repealed]

(3) [Repealed]

Every one lawfully entitled to enter on any land for the exercise of any right of way or other easement or profit is justified in peaceably entering on the land for the purpose of exercising that right of way, easement, or profit:

Provided that if any one so entering has notice that his right to use that way or easement, or to take that profit, is disputed by the person in possession of the land, an assault committed by that person, or by any person acting under his authority, for the purpose of making the person entering desist from entry, shall be deemed to be provoked by the person entering.

(1) Every parent of a child and every person in the place of a parent of the child is justified in using force if the force used is reasonable in the circumstances and is for the purpose of—

• (a) preventing or minimising harm to the child or another person; or

• (b) preventing the child from engaging or continuing to engage in conduct that amounts to a criminal offence; or

• (c) preventing the child from engaging or continuing to engage in offensive or disruptive behaviour; or

• (d) performing the normal daily tasks that are incidental to good care and parenting.

(2) Nothing in subsection (1) or in any rule of common law justifies the use of force for the purpose of correction.

(3) Subsection (2) prevails over subsection (1).

(4) To avoid doubt, it is affirmed that the Police have the discretion not to prosecute complaints against a parent of a child or person in the place of a parent of a child in relation to an offence involving the use of force against a child, where the offence is considered to be so inconsequential that there is no public interest in proceeding with a prosecution.

(1) The master or officer in command of a ship on a voyage or the pilot in command of an aircraft on a flight is justified in using and ordering the use of force for the purpose of maintaining good order and discipline on board his ship or aircraft if he believes on reasonable grounds that the use of force is necessary, and if the force used is reasonable in the circumstances.

(2) Every one acting in good faith is justified in using force in obedience to any order given by the master or officer or pilot in command for the purpose aforesaid, if the force used is reasonable in the circumstances.

(3) The reasonableness of the grounds of which the use of force was believed to be necessary, and the reasonableness of the force used, are questions of fact.

Every one is protected from criminal responsibility for performing with reasonable care and skill any surgical operation upon any person for his benefit, if the performance of the operation was reasonable, having regard to the patient's state at the time and to all the circumstances of the case.

(1) Every one is protected from criminal responsibility for performing with reasonable care and skill any surgical operation upon any person if the operation is performed with the consent of that person, or of any person lawfully entitled to consent on his behalf to the operation, and for a lawful purpose.

(2) Without limiting the term lawful purpose in subsection (1) of this section, a surgical operation that is performed for the purpose of rendering the patient sterile is performed for a lawful purpose.

Every one authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess.

No one has a right to consent to the infliction of death upon himself; and, if any person is killed, the fact that he gave any such consent shall not affect the criminal responsibility of any person who is a party to the killing.

Every one is protected from criminal responsibility for any act done in obedience to the laws for the time being made and enforced by those in possession de facto of the sovereign power in and over the place where the act is done.

Nothing in this Act shall take away or diminish any authority given by any other enactment to arrest, detain, or put any restraint on any person.

(1) Every one is a party to and guilty of an offence who—

• (a) Actually commits the offence; or

• (b) Does or omits an act for the purpose of aiding any person to commit the offence; or

• (c) Abets any person in the commission of the offence; or

• (d) Incites, counsels, or procures any person to commit the offence.

(2) Where 2 or more persons form a common intention to prosecute any unlawful purpose, and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of the common purpose if the commission of that offence was known to be a probable consequence of the prosecution of the common purpose.

A person is capable of conspiring with his or her spouse or civil union partner or with his or her spouse or civil union partner and any other person.

(1) Except as hereinafter provided, every one is liable to imprisonment for a term not exceeding 14 years who, in New Zealand, aids, incites, counsels, or procures the doing or omission of an act outside New Zealand which, if done or omitted in New Zealand, would be murder.

(2) Every one is liable to imprisonment for a term not exceeding 10 years who, in New Zealand, incites, counsels, or attempts to procure the doing or omission of an act outside New Zealand which, if done or omitted in New Zealand, would be murder, when no such act is in fact done or omitted.

(3) It is a defence to a charge under this section to prove that the doing or omission of the act was not an offence under the law of the place where it was, or was to be, done or omitted.

(4) Nothing in this section limits or affects sections 9 to 11 of the International Crimes and International Criminal Court Act 2000.

(1) Every one is liable to imprisonment for a term not exceeding 14 years who, in New Zealand, aids, incites, counsels, or procures the doing or omission outside New Zealand, by any person not owing allegiance to Her Majesty the Queen in right of New Zealand, of any act which, if done or omitted outside New Zealand by a person owing such allegiance, would be any of the crimes of treason, inciting to mutiny, or espionage, as specified in sections 73, 77, and 78 of this Act.

(2) Every one is liable to imprisonment for a term not exceeding 10 years who, in New Zealand, incites, counsels, or attempts to procure the doing or omission outside New Zealand of any act which, if done or omitted in New Zealand, would be any such crime as aforesaid, when that act is not in fact done or omitted.

(3) Every one who, in New Zealand, aids, incites, counsels, or procures the doing or omission outside New Zealand of any act (not being an act to which the foregoing provisions of this section apply) which, if done or omitted in New Zealand, would be a crime other than murder, is liable to imprisonment for a term not exceeding that prescribed for the crime, or 7 years, whichever is the less:

Provided that it shall be a defence to a charge under this subsection to prove that the doing or omission of the act to which the charge relates was not an offence under the law of the place where it was, or was to be, done or omitted.

(4) Except as otherwise provided in this Act, no one shall be convicted of inciting, counselling, or attempting to procure in New Zealand the doing or omission of an act outside New Zealand when that act is not in fact done or omitted.

(5) Nothing in this section limits or affects sections 9 to 11 of the International Crimes and International Criminal Court Act 2000.

(1) Every one who incites, counsels, or procures another to be a party to an offence of which that other is afterwards guilty is a party to that offence, although it may be committed in a way different from that which was incited, counselled, or suggested.

(2) Every one who incites, counsels, or procures another to be a party to an offence is a party to every offence which that other commits in consequence of such inciting, counselling, or procuring, and which the first-mentioned person knew to be likely to be committed in consequence thereof.

(1) An accessory after the fact to an offence is one who, knowing any person to have been a party to the offence, receives, comforts, or assists that person or tampers with or actively suppresses any evidence against him, in order to enable him to escape after arrest or to avoid arrest or conviction.

(2) No person whose spouse or civil union partner has been a party to an offence becomes an accessory after the fact to that offence by doing any act to which this section applies in order to enable the spouse or civil union partner, or the spouse, civil union partner, and any other person who has been a party to the offence, to escape after arrest or to avoid arrest or conviction.

(1) Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

(2) The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.

(3) An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.

Every one owing allegiance to Her Majesty the Queen in right of New Zealand commits treason who, within or outside New Zealand,—

• (a) Kills or wounds or does grievous bodily harm to Her Majesty the Queen, or imprisons or restrains her; or

• (b) Levies war against New Zealand; or

• (c) Assists an enemy at war with New Zealand, or any armed forces against which New Zealand forces are engaged in hostilities, whether or not a state of war exists between New Zealand and any other country; or

• (d) Incites or assists any person with force to invade New Zealand; or

• (e) Uses force for the purpose of overthrowing the Government of New Zealand; or

• (f) Conspires with any person to do anything mentioned in this section.

(1) Except as otherwise provided in this Act, every one who commits treason within the meaning of any of the provisions of paragraphs (a) to (e) of section 73 of this Act shall upon conviction be sentenced to imprisonment for life.

(2) Every one is liable to imprisonment for a term not exceeding 14 years who commits treason within the meaning of paragraph (f) of the said section 73.

(3) Every one is liable to imprisonment for a term not exceeding 14 years who, owing allegiance to Her Majesty the Queen in right of New Zealand, attempts to commit treason within or outside New Zealand.

(1) No one shall be convicted of treason on the evidence of one witness only, unless the evidence of that witness is corroborated in some material particular by evidence implicating the accused.

(2) Nothing in subsection (1) of this section shall apply to treason within the meaning of paragraph (a) of section 73 of this Act.

Every one is liable to imprisonment for a term not exceeding 7 years who—

• (a) Becomes an accessory after the fact to treason; or

• (b) Knowing that a person is about to commit treason, fails without reasonable excuse to inform a constable as soon as possible or to use other reasonable efforts to prevent its commission.

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 any traitorous or mutinous purpose,—

• (a) Endeavours at any time to seduce any person serving in the New Zealand forces from his duty; or

• (b) During any war or state of hostilities in which New Zealand forces are engaged, endeavours to seduce any person serving in any allied armed force, whether a Commonwealth force or not, from his duty.

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) With intent to prejudice the security or defence of New Zealand, communicates information or delivers any object to a country or organisation outside New Zealand or to a person acting on behalf of any such country or organisation; or

• (b) With intent to prejudice the security or defence of New Zealand and with the intention of communicating information or delivering any object to a country or organisation outside New Zealand or to a person acting on behalf of any such country or organisation,—

  • (i) Collects or records any information; or

  • (ii) Copies any document; or

  • (iii) Obtains any object; or

  • (iv) Makes any sketch, plan, model, or note; or

  • (v) Takes any photograph; or

  • (vi) Records any sound or image; or

  • (vii) Delivers any object to any person,—

if the communication or delivery or intended communication or intended delivery under paragraph (a) or paragraph (b) of this section is likely to prejudice the security or defence of New Zealand.

(1) Every one is liable to imprisonment for a term not exceeding 3 years who, being a person who owes allegiance to the Queen in right of New Zealand, within or outside New Zealand,—

• (a) Knowingly or recklessly, and with knowledge that he is acting without proper authority, communicates any official information or delivers any object to any other person knowing that such communication or delivery is likely to prejudice the security or defence of New Zealand; or

• (b) With intent to prejudice the security or defence of New Zealand, retains or copies any official document—

  • (i) Which he knows he does not have proper authority to retain or copy; and

  • (ii) Which he knows relates to the security or defence of New Zealand; and

  • (iii) Which would, by its unauthorised disclosure, be likely to prejudice the security or defence of New Zealand; or

• (c) Knowingly fails to comply with any directions issued by a lawful authority for the return of an official document—

  • (i) Which is in his possession or under his control; and

  • (ii) Which he knows relates to the security or defence of New Zealand; and

  • (iii) Which would, by its unauthorised disclosure, be likely to prejudice seriously the security or defence of New Zealand.

(2) In this section,—

(1) No information shall be laid against any person for—

• (a) An offence against section 78 or 78A(1) of this Act; or

• (b) The offence of conspiring to commit an offence against section 78 or section 78A(1) of this Act; or

• (c) The offence of attempting to commit an offence against section 78 or section 78A(1) of this Act,—

except with the consent of the Attorney-General:

Provided that a person alleged to have committed any offence mentioned in this subsection may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the laying of an information for the offence has not been obtained, but no further or other proceedings shall be taken until that consent has been obtained.

(2) The Attorney-General may, before deciding whether or not to give his consent under subsection (1) of this section, make such inquiries as he thinks fit.

(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.

(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, carriage, vehicle, box, receptacle, premises, or place—

  • (i) Any thing upon or in respect of which an offence against section 78 of this Act has been or is suspected of having been committed; or

  • (ii) Any thing which there is reasonable ground to believe will be evidence as to the commission of any such offence; or

  • (iii) Any thing which there is reasonable ground to believe is intended to be used for the purpose of committing any such offence; and

• (b) That the case is one of great emergency and that immediate action is necessary,—

he may by a written order signed by him give to any member of the Police the like authority that may be given by a search warrant issued under section 198 of the Summary Proceedings Act 1957, and the provisions of that section shall apply accordingly with all necessary modifications.

(2) Every member of the Police exercising the authority conferred by an order made under subsection (1) of this section shall identify himself to any person in or on the building, aircraft, ship, hovercraft, carriage, vehicle, premises, or place who questions his right to enter and search it, and shall also tell such person that the search is being made pursuant to that subsection. He shall also, if not in uniform and if so required, produce evidence that he is a member of the Police.

(3) Any commissioned officer of Police who exercises the power conferred by subsection (1) of this section shall, within 3 days after the day on which he exercises the power, furnish to the Commissioner of Police a written report on the exercise of the power and the circumstances in which it came to be exercised.

(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 armed forces of any other country, lawfully present in New Zealand,—

• (a) Impairs the efficiency or impedes the working of any ship, vehicle, aircraft, arms, munitions, equipment, machinery, apparatus, or atomic or nuclear plant; or

• (b) Damages or destroys any property which it is necessary to keep intact for the safety or health of the public.

(2) No person shall be convicted of an offence against this section by reason only of the fact that he takes part in any strike or lockout.

(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 purporting to bind the person taking the same to commit any offence; or

• (b) Attempts to induce or compel any person to take any such oath or engagement; or

• (c) Takes any such oath or engagement.

(2) No one who has been acquitted or convicted of any offence against this section is liable to be afterwards tried for treason, or for being accessory after the fact to treason, in respect of the same matter.

(1) A seditious intention is an intention—

• (a) To bring into hatred or contempt, or to excite disaffection against, Her Majesty, or the Government of New Zealand, or the administration of justice; or

• (b) To incite the public or any persons or any class of persons to attempt to procure otherwise than by lawful means the alteration of any matter affecting the Constitution, laws, or Government of New Zealand; or

• (c) To incite, procure, or encourage violence, lawlessness, or disorder; or

• (d) To incite, procure, or encourage the commission of any offence that is prejudicial to the public safety or to the maintenance of public order; or

• (e) To excite such hostility or ill will between different classes of persons as may endanger the public safety.

(2) Without limiting any other legal justification, excuse, or defence available to any person charged with any offence, it is hereby declared that no one shall be deemed to have a seditious intention only because he intends in good faith—

• (a) To show that Her Majesty has been misled or mistaken in her measures; or

• (b) To point out errors or defects in the Government or Constitution of New Zealand, or in the administration of justice; or to incite the public or any persons or any class of persons to attempt to procure by lawful means the alteration of any matter affecting the Constitution, laws, or Government of New Zealand; or

• (c) To point out, with a view to their removal, matters producing or having a tendency to produce feelings of hostility or ill will between different classes of persons.

(3) A seditious conspiracy is an agreement between 2 or more persons to carry into execution any seditious intention.

(4) For the purposes of sections 83 to 85 of this Act,—

Every one is liable to imprisonment for a term not exceeding 2 years who is a party to any seditious conspiracy.

Every one is liable to imprisonment for a term not exceeding 2 years who makes or publishes, or causes or permits to be made or published, any statement that expresses any seditious intention.

(1) Every one is liable to imprisonment for a term not exceeding 2 years who, with a seditious intention,—

• (a) Prints, publishes, or sells; or

• (b) Distributes or delivers to the public or to any person or persons; or

• (c) Causes or permits to be printed, published, or sold, or to be distributed or delivered as aforesaid; or

• (d) Has in his possession for sale, or for distribution or delivery as aforesaid; or

• (e) Brings or causes to be brought or sent into New Zealand,—

any document, statement, advertisement, or other matter that expresses any seditious intention.

(2) Any constable may seize any document, statement, or advertisement, or any other written or printed matter, in respect of which an offence under this section is committed or is reasonably suspected by him to have been committed.

Every one is liable to imprisonment for a term not exceeding 2 years who, having in his possession or under his control any printing press, or any mechanical, photographic, or electrical apparatus, or any other apparatus whatsoever,—

• (a) Uses it; or

• (b) Causes or permits it to be used—

for printing, making, or publishing, or for facilitating the printing, making, or publishing of, any document, statement, advertisement, or other matter that expresses or will express any seditious intention.

(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, as to cause persons in the neighbourhood of the assembly to fear, on reasonable grounds, that the persons so assembled—

• (a) Will use violence against persons or property in that neighbourhood or elsewhere; or

• (b) Will, by that assembly, needlessly and without reasonable cause provoke other persons to use violence against persons or property in that neighbourhood:

  Provided that no one shall be deemed to provoke other persons needlessly and without reasonable cause by doing or saying anything that he is lawfully entitled to do or say.

(2) Persons lawfully assembled may become an unlawful assembly if, with a common purpose, they conduct themselves in such a manner that their assembling would have been unlawful if they had assembled in that manner for that purpose.

(3) An assembly of 3 or more persons for the purpose of protecting the house of any one of their number against persons threatening to break and enter that house in order to commit a crime therein is not unlawful.

(4) Every member of an unlawful assembly is liable to imprisonment for a term not exceeding one year.

(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 a riot is liable to imprisonment for a term not exceeding 2 years.

Every one is liable to imprisonment for a term not exceeding 7 years who, being a member of a riot, unlawfully damages any property.

(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 peace, he enters on land that is in the actual and peaceable possession of another for the purpose of taking possession, whether or not he is entitled to enter.

(2) Every one commits forcible detainer when, being in actual possession of land without claim of right, he detains it, in a manner that causes or is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against another who is entitled by law to possession of the land.

(3) Whether there was actual possession, or claim of right, is a question of fact.

(4) Every one who commits forcible entry or forcible detainer is liable to imprisonment for a term not exceeding one year.

(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 imprisonment for life if, in committing piracy, he murders, attempts to murder, or does any act likely to endanger the life of any person:

• (b) Is liable to imprisonment for a term not exceeding 14 years in any other case.

(2) Any act that by the law of nations would amount to piracy if it had been done on the high seas on board or in relation to a ship shall be piracy for the purposes of this section if it is done on board or in relation to an aircraft, whether the aircraft is on or above the sea or is on or above the land.

(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 pretence of any commission from any State other than New Zealand (whether or not that State is at war with New Zealand) or under pretence of authority from any person whatever, commits an act of hostility or robbery:

• (b) Within or outside New Zealand, enters into any New Zealand ship and throws overboard or destroys any goods on board the ship:

• (c) Within or outside New Zealand, on board any New Zealand ship—

  • (i) Turns enemy or rebel and piratically runs away with the ship or any boat, weapons, ammunition, or goods; or

  • (ii) Voluntarily yields up the ship or any boat, weapons, ammunition, or goods to any pirate; or

  • (iii) Counsels or procures any person to yield up or run away with any ship, goods, or merchandise, or to turn pirate or go over to pirates; or

  • (iv) Assaults the master or commander of any ship in order to prevent him from fighting in defence of his ship and goods; or

  • (v) Imprisons or restrains the master or commander of any ship; or

  • (vi) Makes or endeavours to make a revolt in the ship.

(2) Subsection (1) of this section shall extend and apply to aircraft as it applies to ships; and for the purposes of this subsection any reference in subsection (1) of this section to the master or commander of any ship shall be read as a reference to the pilot in command of an aircraft.

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 murder, or does any act likely to endanger the life of any person:

• (b) Is liable to imprisonment for a term not exceeding 14 years in any other case.

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.

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 piracy by the law of nations.

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 piracy by the law of nations.

(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 way whatsoever deals with any person as a slave; or

• (b) Employs or uses any person as a slave, or permits any person to be so employed or used; or

• (c) Detains, confines, imprisons, carries away, removes, receives, transports, imports, or brings into any place whatsoever any person as a slave or to be dealt with as a slave; or

• (d) Induces any person to sell, let, or give himself, or any other person dependent on him or in his charge, as a slave; or

• (e) in any case not covered by paragraph (d), induces any person to sell, let, or give any other person into debt-bondage or serfdom; or

• (f) builds, fits out, sells, purchases, transfers, lets, hires, uses, provides with personnel, navigates, or serves on board any ship or aircraft for any of the purposes in paragraphs (a) to (e); or

• (g) For gain or reward gives in marriage or transfers any woman to another person without her consent; or

• (h) Is a party to the inheritance by any person of a woman on the death of her husband; or

• (i) Being a parent or guardian of any child under the age of 18 years, delivers that child to another person with intent that the child or his labour shall be exploited; or

• (j) Agrees or offers to do any of the acts mentioned in this subsection.

(2) For the purposes of this section—

(1) Every one is liable to imprisonment for a term not exceeding 14 years who—

• (a) sells, buys, transfers, barters, rents, hires, or in any other way enters into a dealing involving a person under the age of 18 years for the purpose of—

  • (i) the sexual exploitation of the person; or

  • (ii) the removal of body parts from the person; or

  • (iii) the engagement of the person in forced labour; or

• (b) engages a person under the age of 18 years in forced labour; or

• (c) permits a person under the age of 18 years to be engaged in forced labour; or

• (d) detains, confines, imprisons, or carries away a person under the age of 18 years for the purpose of—

  • (i) the sexual exploitation of the person; or

  • (ii) the removal of body parts from the person; or

  • (iii) the engagement of the person in forced labour; or

• (e) removes, receives, transports, imports, or brings into any place a person under the age of 18 years for the purpose of—

  • (i) the sexual exploitation of the person; or

  • (ii) the removal of body parts from the person for a material benefit; or

  • (iii) the engagement of the person in forced labour; or

• (f) induces a person under the age of 18 years to sell, rent, or give himself or herself for the purpose of—

  • (i) the sexual exploitation of the person; or

  • (ii) the removal of body parts from the person for a material benefit; or

  • (iii) the engagement of the person in forced labour; or

• (g) induces a person to sell, rent, or give another person (being a person who is under the age of 18 years and who is dependent on him or her or in his or her charge) for the purpose of—

  • (i) the sexual exploitation of the other person; or

  • (ii) the removal of body parts from the other person; or

  • (iii) the engagement of the other person in forced labour; or

• (h) builds, fits out, sells, buys, transfers, rents, hires, uses, provides with personnel, navigates, or serves on board a ship, aircraft, or other vehicle for the purpose of doing an act stated in any of paragraphs (a) to (g); or

• (i) agrees or offers to do an act stated in any of paragraphs (a) to (h).

(2) It is a defence to a charge under this section if the person charged proves that he or she believed on reasonable grounds that the person under the age of 18 years concerned was of or over the age of 18 years.

(3) For the purposes of subsection (1), sexual exploitation, in relation to a person, includes the following acts:

• (a) the taking by any means, or transmission by any means, of still or moving images of the person engaged in explicit sexual activities (whether real or simulated):

• (b) the taking by any means or transmission by any means, for a material benefit, of still or moving images of the person's genitalia, anus, or breasts (not being an act described in subsection (4) or subsection (5)):

• (c) the person's participation in a performance or display (not being an act described in subsection (4)) that—

  • (i) is undertaken for a material benefit; and

  • (ii) involves the exposure of the person's genitalia, anus, or breasts:

• (d) the person's undertaking of an activity (for example, employment in a restaurant) that—

  • (i) is undertaken for a material benefit; and

  • (ii) involves the exposure of the person's genitalia, anus, or breasts.

(4) For the purposes of paragraphs (b) and (c) of subsection (3), sexual exploitation, in relation to a person, does not include the recording or transmission of an artistic or cultural performance or display honestly undertaken primarily for purposes other than the exposure of body parts for the sexual gratification of viewers.

(5) For the purposes of subsection (3)(b), sexual exploitation, in relation to a person, does not include the taking or transmission of images of the person's genitalia, anus, or breasts for the purpose of depicting a medical condition, or a surgical or medical technique, for the instruction or information of health professionals.

(6) For the purposes of subsection (3)(b), sexual exploitation, in relation to a person, does not include the taking or transmission of images of the person's genitalia, anus, or breasts if the images are honestly intended—

• (a) to provide medical or health education; or

• (b) to provide information relating to medical or health matters; or

• (c) to advertise a product, instrument, or service intended to be used for medical or health purposes.

(7) The person under the age of 18 years in respect of whom an offence against this section was committed cannot be charged as a party to the offence.

(8) This section does not limit or affect the generality of section 98.

(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 member) in an organised criminal group, knowing that it is an organised criminal group, and—

• (a) knowing that his or her participation contributes to the occurrence of criminal activity; or

• (b) reckless as to whether his or her participation may contribute to the occurrence of criminal activity.

(2) For the purposes of this Act, a group is an organised criminal group if it is a group of 3 or more people who have as their objective or one of their objectives—

• (a) obtaining material benefits from the commission of offences that are punishable by imprisonment for a term of 4 years or more; or

• (b) obtaining material benefits from conduct outside New Zealand that, if it occurred in New Zealand, would constitute the commission of offences that are punishable by imprisonment for a term of 4 years or more; or

• (c) the commission of serious violent offences (within the meaning of section 312A(1)) that are punishable by imprisonment for a term of 10 years or more; or

• (d) conduct outside New Zealand that, if it occurred in New Zealand, would constitute the commission of serious violent offences (within the meaning of section 312A(1)) that are punishable by imprisonment for a term of 10 years or more.

(3) A group of people is capable of being an organised criminal group for the purposes of this Act whether or not—

• (a) some of them are subordinates or employees of others; or

• (b) only some of the people involved in it at a particular time are involved in the planning, arrangement, or execution at that time of any particular action, activity, or transaction; or

• (c) its membership changes from time to time.

In sections 98C to 98F, unless the context otherwise requires,—

(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 a material benefit; and

• (b) either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant.

(2) Every one is liable to the penalty stated in subsection (3) who arranges for an unauthorised migrant to be brought to New Zealand or any other state, if he or she—

• (a) does so for a material benefit; and

• (b) either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant; and

• (c) either—

  • (i) knows that the person intends to try to enter the state; or

  • (ii) is reckless as to whether the person intends to try to enter the state.

(3) The penalty is imprisonment for a term not exceeding 20 years, a fine not exceeding $500,000, or both.

(4) Proceedings may be brought under subsection (1) even if the unauthorised migrant did not in fact enter the state concerned.

(5) Proceedings may be brought under subsection (2) even if the unauthorised migrant was not in fact brought to the state concerned.

(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 by one or more acts of coercion against the person, one or more acts of deception of the person, or both; or

• (b) arranges, organises, or procures the reception, concealment, or harbouring in New Zealand or any other state of a person, knowing that the person's entry into New Zealand or that state was arranged by one or more acts of coercion against the person, one or more acts of deception of the person, or both.

(2) The penalty is imprisonment for a term not exceeding 20 years, a fine not exceeding $500,000, or both.

(3) Proceedings may be brought under this section even if the person coerced or deceived—

• (a) did not in fact enter the state concerned; or (as the case may be)

• (b) was not in fact received, concealed, or harboured in the state concerned.

(4) Proceedings may be brought under this section even if parts of the process by which the person coerced or deceived was brought or came to or towards the state concerned were accomplished without an act of coercion or deception.

(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 account—

• (a) whether bodily harm or death (whether to or of a person in respect of whom the offence was committed or some other person) occurred during the commission of the offence:

• (b) whether the offence was committed for the benefit of, at the direction of, or in association with, an organised criminal group (within the meaning of section 98A(2)):

• (c) whether a person in respect of whom the offence was committed was subjected to inhuman or degrading treatment as a result of the commission of the offence:

• (d) if during the proceedings concerned the person was convicted of the same offence in respect of 2 or more people, the number of people in respect of whom the offence was committed.

(2) When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98D, a court must also take into account—

• (a) whether a person in respect of whom the offence was committed was subjected to exploitation (for example, sexual exploitation, a requirement to undertake forced labour, or the removal of organs) as a result of the commission of the offence:

• (b) the age of the person in respect of whom the offence was committed and, in particular, whether the person was under the age of 18 years:

• (c) whether the person convicted committed the offence, or took actions that were part of it, for a material benefit.

(3) The examples in paragraph (a) of subsection (2) do not limit the generality of that paragraph.

(4) This section does not limit the matters that a court may take into account 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.

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

(2) A person alleged to have committed an offence against section 98C or section 98D may be arrested, or a warrant for the person's arrest may be issued and executed, and the person be remanded in custody or on bail, even though the Attorney-General's consent to the bringing of proceedings against the person has not been obtained.

In this part of this Act, unless the context otherwise requires,—

(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, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his judicial capacity.

(2) Every judicial officer, and every Registrar or Deputy Registrar of any Court, is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his official capacity, not being an act or omission to which subsection (1) of this section applies.

(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 influence any judicial officer in respect of any act or omission by him in his judicial capacity.

(2) 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 influence any judicial officer or any Registrar or Deputy Registrar of any Court in respect of any act or omission by him in his official capacity, not being an act or omission to which subsection (1) of this section applies.

(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 accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his capacity as a Minister or member of the Executive Council.

(2) 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 influence any Minister of the Crown or member of the Executive Council in respect of any act or omission by him in his capacity as a Minister or member of the Executive Council.

(3) No one shall be prosecuted for an offence against this section without the leave of a Judge of the High Court. Notice of the intention to apply for such leave shall be given to the person whom it is intended to prosecute, and he shall have an opportunity of being heard against the application.

(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 accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his capacity as a member of Parliament.

(2) 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 influence any member of Parliament in respect of any act or omission by him in his capacity as a member of Parliament.

(3) No one shall be prosecuted for an offence against this section without the leave of a Judge of the High Court. Notice of the intention to apply for such leave shall be given to the person whom it is intended to prosecute, and he shall have an opportunity of being heard against the application.

(1) Every law enforcement officer is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his official capacity.

(2) 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 influence any law enforcement officer in respect of any act or omission by him in his official capacity.

(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 agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his official capacity.

(2) 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 influence any official in respect of any act or omission by him in his official capacity.