(1) In this Act, unless the context otherwise requires,—
Aerodrome has the same meaning as in the Civil Aviation Act 1990
Aerodrome: the “Civil Aviation Act 1990”
has been substituted for the repealed “Civil Aviation Act 1964”
.
Aircraft has the same meaning as in the Civil Aviation Act 1990; and includes any aircraft for the time being used as an aircraft of any of the armed forces of any country other than New Zealand
Aircraft: the “Civil Aviation Act 1990”
has been substituted for the repealed “Civil Aviation Act 1964”
.
Assault means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose; and to assault has a corresponding meaning
claim of right, in relation to any act, means a belief that the act is lawful, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.
claim of right: this definition was inserted, as from 1 October 2003, by section 4(1) Crimes Amendment Act 2003 (2003 No 39).
Colour of right
[Repealed]
Colour of right: this definition was repealed, as from 1 October 2003, by section 4(1) Crimes Amendment Act 2003 (2003 No 39).
Commonwealth country means a country that is a member of the Commonwealth of Nations; and includes every territory for whose international relations the Government of any such country is responsible
Commonwealth ship means a ship registered or required to be registered in any Commonwealth country, or recognised by the law of any Commonwealth country as a ship belonging to that country; and includes any ship for the time being used as a ship of any of the armed forces of any Commonwealth country
constable has the meaning given in section 4 of the Policing Act 2008
Crime means an offence for which the offender may be proceeded against by indictment
crime involving dishonesty means any crime described in Part 10 except the crimes described in sections 267 to 272.
crime involving dishonesty: this definition was substituted, as from 1 October 2003, by section 4(2) Crimes Amendment Act 2003 (2003 No 39).
Criminally responsible means liable to punishment for an offence
Day, or daytime, means the interval between 6 o'clock in the morning of any day and 9 o'clock at night of the same day
Depositions includes written statements admitted in evidence at the preliminary hearing pursuant to section 173A of the Summary Proceedings Act 1957, and statements made under section 175 of that Act and read in evidence at the preliminary hearing
Depositions: this definition was inserted, as from 1 May 1977, by section 20(2) Summary Proceedings Amendment Act 1976 (1976 No 169).
Firearm has the same meaning as in the Arms Act 1983
Firearm: this definition was inserted, as from 28 October 1986, by section 2 Crimes Amendment Act (No 2) 1986 (1986 No 71).
for a material benefit, in relation to doing a thing, means—
for a material benefit: this definition was inserted, as from 20 May 2005, by section 3(1) Crimes Amendment Act 2005 (2005 No 41). See sections 12 and 13 of that Act for the transitional provisions.
Foreign ship means a ship that is not a Commonwealth ship
genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female, or of indeterminate sex)
genitalia: this definition was inserted, as from 20 May 2005, by section 3(1) Crimes Amendment Act 2005 (2005 No 41). See sections 12 and 13 of that Act for the transitional provisions.
To injure means to cause actual bodily harm
Is liable means is liable on conviction on indictment
Judge, in relation to a District Court, or District Court Judge means a Judge who holds a warrant under section 28B of the District Courts Act 1947 to conduct trials on indictment; and in section 399 of this Act includes any other District Court Judge
Judge: this definition was inserted, as from 1 May 1981, by section 2(1) Crimes Amendment Act (No 2) 1980 (1980 No 85).
Justified, in relation to any person, means not guilty of an offence and not liable to any civil proceeding
medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine.
medical practitioner: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
New Zealand includes all waters within the outer limits of the territorial sea of New Zealand (as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977))
New Zealand: this definition was substituted, as from 1 January 1966, by section 11 Territorial Sea and Fishing Zone Act 1965 (1965 No 11) (since repealed).
New Zealand: the words “Exclusive Economic Zone Act 1977”
were substituted for the words “Fishing Zone Act 1965”
, as from 1 October 1977, by section 33(1) Territorial Sea and Exclusive Economic Zone Act 1977 (1977 No 28).
New Zealand: the words “, Contiguous Zone,”
were inserted, as from 1 August 1996, pursuant to section 5(4) Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).
New Zealand aircraft means any aircraft that is registered or required to be registered in New Zealand under the Civil Aviation Act 1990; and includes any aircraft for the time being used as an aircraft of the New Zealand forces
New Zealand aircraft: the expression “the Civil Aviation Act 1990”
has been substituted, as from 1 September 1990, for the repealed “Civil Aviation Act 1964”
.
New Zealand forces means the New Zealand Naval Forces, the New Zealand Army, and the Royal New Zealand Air Force
New Zealand ship means a ship registered in New Zealand, or recognised by the law of New Zealand as a ship belonging to New Zealand; and includes any ship for the time being used as a ship of the New Zealand forces
Night, or night-time, means the interval between 9 o'clock at night and 6 o'clock in the following morning
obtain a material benefit, in relation to doing a thing, means obtain, directly or indirectly, any goods, money, pecuniary advantage, privilege, property, or other valuable consideration of any kind for doing the thing (or taking an action that forms part of doing the thing)
obtain a material benefit: this definition was inserted, as from 18 June 2002, by section 3 Crimes Amendment Act 2002 (2002 No 20).
Offence means any act or omission for which any one can be punished under this Act or under any other enactment, whether on conviction on indictment or on summary conviction
penis includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is male. female, or of indeterminate sex)
penis: this definition was inserted, as from 20 May 2005, by section 3(1) Crimes Amendment Act 2005 (2005 No 41). See sections 12 and 13 of that Act for the transitional provisions.
Person, owner, and other words and expressions of the like kind, include the Crown and any public body or local authority, and any board, society, or company, and any other body of persons, whether incorporated or not, and the inhabitants of the district of any local authority, in relation to such acts and things as it or they are capable of doing or owning
prison manager means the manager of a prison
Prison manager: this definition was inserted, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50). See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest
Property: this definition was amended, as from 1 October 2003, by section 4(3) Crimes Amendment Act 2003 (2003 No 39) by inserting the words “money, electricity,”
after the words “or personal property,”
.
Protected from criminal responsibility means not liable to any proceedings except a civil proceeding
Registrar—
Registrar: this definition was substituted, as from 1 May 1981, by section 2(2) Crimes Amendment Act (No 2) 1980 (1980 No 85).
Registrar: this definition was substituted, as from 1 March 1996, by section 2(2) Crimes Amendment Act (No 2) 1995 (1995 No 68). See clause 2 Crimes Amendment Act Commencement Order 1996 (SR 1996/1).
sexual connection means—
sexual connection: this definition was inserted, as from 20 May 2005, by section 3(1) Crimes Amendment Act 2005 (2005 No 41). See sections 12 and 13 of that Act for the transitional provisions.
Ship means every description of vessel used in navigation, however propelled; and includes any barge, lighter, dinghy, raft, or like vessel; and also includes any ship belonging to or used as a ship of the armed forces of any country
Supreme Court means the Supreme Court of New Zealand established by section 6 of the Supreme Court Act 2003
Supreme Court: this definition was inserted, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53). See sections 50 to 55 of that Act for the transitional and savings provisions.
Territorial waters, in relation to any country other than New Zealand, means such part of the sea adjacent to the coast of that country as is within the territorial sovereignty of that country; and includes ports, harbours, rivers, and other places in which at the commencement of this Act the Admiralty of England has jurisdiction (whether exclusive or not) in respect of offences of any kind committed on board Commonwealth ships
Territorial waters: this definition was amended, as from 1 January 1966, by section 11 Territorial Sea and Fishing Zone Act 1965 by inserting the words “other than New Zealand”
.
Trial Judge means,—
(b) If the accused has been committed to the District Court for trial or the case has been transferred to that Court for trial pursuant to section 168AA of the Summary Proceedings Act 1957, and the Court has jurisdiction in the matter under section 28A of the District Courts Act 1947, a District Court Judge:
Trial Judge: this definition was inserted, as from 1 March 1996, by section 2(3) Crimes Amendment Act (No 2) 1995 (1995 No 68). See clause 2 Crimes Amendment Act Commencement Order 1996 (SR 1996/1).
Trial Judge: paragraph (b) was amended, as from 22 November 1997, by section 3 Crimes Amendment Act 1997 (1997 No 88) by substituting the words “section 28A of the District Courts Act 1947”
for the words “section 28AA of that Act”
.
Valuable security
[Repealed]
Valuable security: this definition was repealed, as from 1 October 2003, by section 4(4) Crimes Amendment Act 2003 (2003 No 39).