Crimes Act 1961

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Reprint as at 1 October 2012

Crimes Act 1961

Public Act1961 No 43
Date of assent1 November 1961
Commencementsee section 1(2)

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice.


Contents

Title

1 Short Title, commencement, etc

2 Interpretation

3 Meaning of convicted on indictment

4 Meaning of ordinarily resident in New Zealand

Part 1
Jurisdiction

5 Application of Act

6 Persons not to be tried in respect of things done outside New Zealand

7 Place of commission of offence

7A Extraterritorial jurisdiction in respect of certain offences with transnational aspects

7B Attorney-General's consent required where jurisdiction claimed under section 7A

8 Jurisdiction in respect of crimes on ships or aircraft beyond New Zealand

8A Jurisdiction in respect of certain persons with diplomatic or consular immunity

9 Offences not to be punishable except under New Zealand Acts

10 Offence under more than 1 enactment

10A Criminal enactments not to have retrospective effect

10B Period of limitation

11 Construction of other Acts

12 Summary jurisdiction

Part 2
Punishments

13 Powers of courts under other Acts not affected

Death

[Repealed]

14 Form of sentence in capital cases [Repealed]

15 Sentence of death not to be passed on pregnant woman [Repealed]

16 Sentence of death not to be passed on person under 18 years of age [Repealed]

Imprisonment

17 No sentence of solitary confinement to be passed

Penalties for certain offences involving home invasion

[Repealed]

17A Interpretation [Repealed]

17B Maximum terms of imprisonment for offences involving home invasion: offences otherwise carrying maximum term of 5, 7, or 10 years imprisonment [Repealed]

17C Maximum terms of imprisonment for offences involving home invasion: offences otherwise carrying maximum term of 14 or 20 years imprisonment [Repealed]

17D Parties, attempts, and accessories [Repealed]

17E Maximum penalties for offences involving home invasion do not affect jurisdiction of trial court [Repealed]

Putting under bond

[Repealed]

18 Putting under bond [Repealed]

Fine

19 Enforcement of fines by High Court

19A Supervision of offender when time for payment is allowed [Repealed]

19B Immediate execution [Repealed]

19C Warrant to collect fine or other sum of money ordered to be paid [Repealed]

19D Execution [Repealed]

19DA Community work, community detention, and home detention for non-payment of fine [Repealed]

19E Period of imprisonment for non-payment of money [Repealed]

19F Stay of execution on appeal [Repealed]

Part 3
Matters of justification or excuse

20 General rule as to justifications

Infancy

21 Children under 10

22 Children between 10 and 14

Insanity

23 Insanity

Compulsion

24 Compulsion

Ignorance of law

25 Ignorance of law

Sentence or process

26 Execution of sentence, process, or warrant

27 Execution of erroneous sentence or process

28 Sentence or process without jurisdiction

29 Irregular warrant or process

Arrest

30 Arresting the wrong person

31 Arrest by constable pursuant to statutory powers

32 Arrest by constable of person believed to have committed offence

33 Arrest by other officers or persons pursuant to statutory powers

34 Persons assisting constable or officer in arrest

35 Arrest of persons found committing certain crimes

36 Arrest of person believed to be committing crime by night

37 Arrest after commission of certain crimes

38 Arrest during flight

Use of force

39 Force used in executing process or in arrest

40 Preventing escape or rescue

41 Prevention of suicide or certain offences

Breach of the peace

42 Preventing breach of the peace

43 Suppression of riot

44 Suppression of riot by Police

45 Suppression of riot by persons acting under lawful orders

46 Suppression of riot by persons without orders

47 Protection of members of New Zealand forces

Defence against assault

48 Self-defence and defence of another

49 Self-defence against provoked assault [Repealed]

50 Provocation defined [Repealed]

51 Defence of person under protection [Repealed]

Defence of property

52 Defence of movable property against trespasser

53 Defence of movable property with claim of right

54 Defence of movable property without claim of right

55 Defence of dwellinghouse

56 Defence of land or building

Peaceable entry

57 Assertion of right to land or building

58 Exercise of right of way, etc

Powers of discipline

59 Parental control

60 Discipline on ship or aircraft

Surgical operations

61 Surgical operations

61A Further provisions relating to surgical operations

General provisions

62 Excess of force

63 Consent to death

64 Obedience to de facto law

65 Other enactments not affected

Part 4
Parties to the commission of offences

66 Parties to offences

67 Conspiracy between spouses or civil union partners

68 Party to murder outside New Zealand

69 Party to any other crime outside New Zealand

70 Offence committed other than offence intended

71 Accessory after the fact

72 Attempts

Part 5
Crimes against public order

Treason and other crimes against the Queen and the State

73 Treason

74 Punishment for treason or attempted treason

75 Evidence of treason

76 Punishment for being party to treason

77 Inciting to mutiny

78 Espionage

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

78B Consent of Attorney-General to proceedings in relation to espionage or wrongful communication, retention, or copying of official information

78C Questions of law in relation to espionage or wrongful communication of information

78D Search without warrant [Repealed]

79 Sabotage

Offence of oath to commit offence

80 Oath to commit offence

81 Seditious offences defined [Repealed]

82 Seditious conspiracy [Repealed]

83 Seditious statements [Repealed]

84 Publication of seditious documents [Repealed]

85 Use of apparatus for making seditious documents or statements [Repealed]

Unlawful assemblies, riots, and breaches of the peace

86 Unlawful assembly

87 Riot

88 Reading the Riot Act [Repealed]

89 Failure of rioters to disperse [Repealed]

90 Riotous damage

91 Forcible entry and detainer

Piracy

92 Piracy

93 Piratical acts

94 Punishment of piratical acts

95 Attempts to commit piracy

96 Conspiring to commit piracy

97 Accessory after the fact to piracy

Slave dealing

98 Dealing in slaves

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

Participation in criminal gang

98A Participation in organised criminal group

Smuggling and trafficking in people

98B Terms used in sections 98C to 98F

98C Smuggling migrants

98D Trafficking in people by means of coercion or deception

98E Aggravating factors

98F Attorney-General's consent to prosecutions required

Part 6
Crimes affecting the administration of law and justice

Bribery and corruption

99 Interpretation

100 Judicial corruption

101 Bribery of judicial officer, etc

102 Corruption and bribery of Minister of the Crown

103 Corruption and bribery of member of Parliament

104 Corruption and bribery of law enforcement officer

105 Corruption and bribery of official

105A Corrupt use of official information

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

105C Bribery of foreign public official

105D Bribery outside New Zealand of foreign public official

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

106 Restrictions on prosecution

Contravention of statute

107 Contravention of statute

Misleading justice

108 Perjury defined

109 Punishment of perjury

110 False oaths

111 False statements or declarations

112 Evidence of perjury, false oath, or false statement

113 Fabricating evidence

114 Use of purported affidavit or declaration

115 Conspiring to bring false accusation

116 Conspiring to defeat justice

117 Corrupting juries and witnesses

Escapes and rescues

118 Assisting escape of prisoners of war or internees

119 Breaking prison

120 Escape from lawful custody

121 Assisting escape from lawful custody

122 Assisting escape of mentally impaired person detained for offence

Part 7
Crimes against religion, morality, and public welfare

Crime against religion

123 Blasphemous libel

Crimes against morality and decency

124 Distribution or exhibition of indecent matter

125 Indecent act in public place

126 Indecent act with intent to insult or offend

Sexual crimes

127 No presumption because of age

128 Sexual violation defined

128A Allowing sexual activity does not amount to consent in some circumstances

128B Sexual violation

129 Attempted sexual violation and assault with intent to commit sexual violation

129A Sexual conduct with consent induced by certain threats

130 Incest

131 Sexual conduct with dependent family member

131A Dependent family member defined

131B Meeting young person following sexual grooming, etc

132 Sexual conduct with child under 12

133 Indecency with girl under 12 [Repealed]

134 Sexual conduct with young person under 16

134A Defence to charge under section 134

135 Indecent assault

136 Conspiracy to induce sexual intercourse [Repealed]

137 Inducing sexual intercourse under pretence of marriage [Repealed]

138 Sexual exploitation of person with significant impairment

139 Indecent act between woman and girl [Repealed]

140 Indecency with boy under 12 [Repealed]

140A Indecency with boy between 12 and 16 [Repealed]

141 Indecent assault on man or boy [Repealed]

142 Anal intercourse [Repealed]

142A Compelling indecent act with animal

143 Bestiality

144 Indecency with animal

Sexual offences outside New Zealand

144A Sexual conduct with children and young people outside New Zealand

144B Consent of Attorney-General required

144C Organising or promoting child sex tours

Crimes against public welfare

145 Criminal nuisance

146 Keeping place of resort for homosexual acts [Repealed]

147 Brothel-keeping [Repealed]

148 Living on earnings of prostitution [Repealed]

149 Procuring for prostitution [Repealed]

149A Being client in act of prostitution by person under 18 years of age [Repealed]

150 Misconduct in respect of human remains

Part 8
Crimes against the person

Duties tending to the preservation of life

150A Standard of care applicable to persons under legal duties or performing unlawful acts

151 Duty to provide necessaries and protect from injury

152 Duty of parent or guardian to provide necessaries and protect from injury

153 Duty of employers to provide necessaries

154 Abandoning child under 6

155 Duty of persons doing dangerous acts

156 Duty of persons in charge of dangerous things

157 Duty to avoid omissions dangerous to life

Homicide

158 Homicide defined

159 Killing of a child

160 Culpable homicide

161 Procuring death by false evidence [Repealed]

162 Death must be within a year and a day

163 Killing by influence on the mind

164 Acceleration of death

165 Causing death that might have been prevented

166 Causing injury the treatment of which causes death

Murder, manslaughter, etc

167 Murder defined

168 Further definition of murder

169 Provocation [Repealed]

170 Illegal arrest may be evidence of provocation [Repealed]

171 Manslaughter

172 Punishment of murder

173 Attempt to murder

174 Counselling or attempting to procure murder

175 Conspiracy to murder

176 Accessory after the fact to murder

177 Punishment of manslaughter

178 Infanticide

179 Aiding and abetting suicide

180 Suicide pact

181 Concealing dead body of child

Abortion

182 Killing unborn child

182A Miscarriage defined

183 Procuring abortion by any means

184 Procuring abortion by other means [Repealed]

185 Female procuring her own miscarriage [Repealed]

186 Supplying means of procuring abortion

187 Effectiveness of means used immaterial

187A Meaning of unlawfully

Assaults and injuries to the person

188 Wounding with intent

189 Injuring with intent

190 Injuring by unlawful act

191 Aggravated wounding or injury

192 Aggravated assault

193 Assault with intent to injure

194 Assault on a child, or by a male on a female

195 Ill-treatment or neglect of child or vulnerable adult

195A Failure to protect child or vulnerable adult

196 Common assault

197 Disabling

198 Discharging firearm or doing dangerous act with intent

198A Using any firearm against law enforcement officer, etc

198B Commission of crime with firearm

199 Acid throwing

200 Poisoning with intent

201 Infecting with disease

202 Setting traps, etc

202A Possession of offensive weapons or disabling substances

202B Powers in respect of crime against section 202A [Repealed]

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

202C Assault with weapon

203 Endangering transport [Repealed]

204 Impeding rescue

Female genital mutilation

204A Female genital mutilation

204B Further offences relating to female genital mutilation

Bigamy, feigned marriage

205 Bigamy defined

206 Punishment of bigamy

207 Feigned marriage or feigned civil union

Abduction, kidnapping

208 Abduction for purposes of marriage or sexual connection

209 Kidnapping

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

210 Abduction of young person under 16

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

Part 9
Crimes against reputation

[Repealed]

211 Criminal libel and publishing defined [Repealed]

212 Publishing upon invitation [Repealed]

213 No prosecution without leave of Judge [Repealed]

214 Plea of justification [Repealed]

215 Punishment of criminal libel [Repealed]

216 Criminal slander [Repealed]

Part 9A
Crimes against personal privacy

216A Interpretation

216B Prohibition on use of interception devices

216C Prohibition on disclosure of private communications unlawfully intercepted

216D Prohibition on dealing, etc, with interception devices

216E Forfeiture

216F Unlawful disclosure

Intimate visual recordings

216G Intimate visual recording defined

216H Prohibition on making intimate visual recording

216I Prohibition on possessing intimate visual recording in certain circumstances

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

216K Exceptions to prohibition in section 216J

216L Disposal and forfeiture

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

216N Protection from liability

Part 10
Crimes against rights of property

Interpretation

217 Interpretation

Unlawful taking

218 Matters of ownership

219 Theft or stealing

220 Theft by person in special relationship

221 Theft of animals

222 Theft by spouse or partner

223 Punishment of theft

224 Power of search for goods stolen or unlawfully obtained in transit [Repealed]

225 Power to search vehicles for goods stolen or obtained by crimes involving dishonesty [Repealed]

226 Conversion of vehicle or other conveyance

227 Being in possession of instrument for conversion

227A Power of search for goods stolen or unlawfully obtained in transit [Repealed]

227B Power to search vehicles for goods stolen or obtained by crimes involving dishonesty [Repealed]

228 Dishonestly taking or using document

229 Criminal breach of trust

229A Taking or dealing with certain documents with intent to defraud [Repealed]

230 Taking, obtaining, or copying trade secrets

Burglary

231 Burglary

232 Aggravated burglary

233 Being disguised or in possession of instrument for burglary

Robbery and blackmail

234 Robbery

235 Aggravated robbery

236 Assault with intent to rob

237 Blackmail

238 Punishment of blackmail

239 Demanding with intent to steal, etc

Crimes involving deceit

240 Obtaining by deception or causing loss by deception

240A Aggravated burglary [Repealed]

241 Punishment of obtaining by deception or causing loss by deception

242 False statement by promoter, etc

Money laundering

243 Money laundering

244 Defence of enforcement of enactment

245 Section 243 not to apply to certain acts committed outside New Zealand

Receiving

246 Receiving

247 Punishment of receiving

Crimes involving computers

248 Interpretation

249 Accessing computer system for dishonest purpose

250 Damaging or interfering with computer system

251 Making, selling, or distributing or possessing software for committing crime

252 Accessing computer system without authorisation

253 Qualified exemption to access without authorisation offence for New Zealand Security Intelligence Service [Repealed]

254 Qualified exemption to access without authorisation offence for Government Communications Security Bureau [Repealed]

Forgery and counterfeiting

255 Interpretation

256 Forgery

257 Using forged documents

257A Money laundering [Repealed]

257B Immunity from liability for disclosure of information [Repealed]

258 Altering, concealing, destroying, or reproducing documents with intent to deceive

259 Using altered or reproduced document with intent to deceive

260 False accounting

261 Counterfeiting public seals

262 Counterfeiting corporate seals

263 Possessing forged bank notes

264 Paper or implements for forgery

265 Imitating authorised or customary marks

Coinage

266 Offences involving coinage

266A Altering or reproducing document with intent to defraud [Repealed]

266B Using altered or reproduced document with intent to defraud [Repealed]

Arson, damage, and waste

267 Arson

268 Attempted arson

269 Intentional damage

270 Endangering transport

271 Waste or diversion of electricity, gas, or water

272 Providing explosive to commit crime

273 Using probate obtained by forgery or perjury [Repealed]

274 Paper or implements for forgery [Repealed]

275 Counterfeiting stamps [Repealed]

276 Falsifying registers [Repealed]

277 Falsifying extracts from registers [Repealed]

278 Uttering false certificates [Repealed]

279 Forging certificates [Repealed]

280 Imitating authorised marks [Repealed]

281 Imitating customary marks [Repealed]

282 Interpretation [Repealed]

283 Preparations for coining [Repealed]

284 Counterfeiting coin [Repealed]

285 Altering coin [Repealed]

286 Impairing coin [Repealed]

287 Defacing coin [Repealed]

288 Melting coin [Repealed]

289 Possessing counterfeit coin [Repealed]

290 Uttering counterfeit coin [Repealed]

291 Buying and selling counterfeit coin [Repealed]

292 Importing and exporting counterfeit coin [Repealed]

293 What constitutes criminal damage [Repealed]

294 Arson [Repealed]

295 Attempted arson [Repealed]

296 Damage to other property by fire or explosive [Repealed]

297 Attempt to damage property by fire or explosive [Repealed]

298 Wilful damage [Repealed]

298A Causing disease or sickness in animals

298B Contaminating food, crops, water, or other products

299 Wilful waste or diversion of water, gas, or electricity [Repealed]

300 Interfering with means of transport [Repealed]

301 Wrecking [Repealed]

302 Attempting to wreck [Repealed]

303 Interfering with signals, etc [Repealed]

304 Interfering with mines [Repealed]

305 Providing explosive to commit crime [Repealed]

Part 11
Threatening, conspiring, and attempting to commit offences

306 Threatening to kill or do grievous bodily harm

307 Threatening to destroy property

307A Threats of harm to people or property

308 Threatening acts

309 Conspiring to prevent collection of rates or taxes

310 Conspiring to commit offence

311 Attempt to commit or procure commission of offence

312 Accessory after the fact to crime

Part 11A
Obtaining evidence by interception devices

[Repealed]

Interpretation

[Repealed]

312A Interpretation [Repealed]

Applications for interception warrants in relation to organised criminal enterprises

[Repealed]

312B Application by Police for warrant to intercept private communications [Repealed]

312C Matters on which Judge must be satisfied in respect of applications [Repealed]

Applications for interception warrants in relation to serious violent offences

[Repealed]

312CA Application by Police for warrant to intercept private communications in relation to serious violent offences [Repealed]

312CB Matters on which Judge must be satisfied in respect of applications relating to serious violent offences [Repealed]

312CC Application by Police for warrant to intercept private communications relating to terrorist offences [Repealed]

312CD Matters of which Judge must be satisfied in respect of applications relating to terrorist offences [Repealed]

General provisions

[Repealed]

312D Contents and term of warrant [Repealed]

312E Effect of warrant [Repealed]

312F Renewal of warrants [Repealed]

312G Emergency permits [Repealed]

312H Security of applications [Repealed]

312I Destruction of irrelevant records made by use of interception device [Repealed]

312J Destruction of relevant records made by use of interception device [Repealed]

312K Prohibition on disclosure of private communications lawfully intercepted [Repealed]

312L Notice to be given of intention to produce evidence of private communication [Not in force]

312M Inadmissibility of evidence of private communications unlawfully intercepted [Repealed]

312N Restriction on admissibility of evidence of private communications lawfully intercepted [Repealed]

312O Privileged evidence [Repealed]

312P Report to be made to Judge on use of warrant or permit [Repealed]

312Q Commissioner of Police to give information to Parliament [Repealed]

Part 12
Procedure

313 General provisions as to procedure

314 Procedure where prior consent to prosecution required

General power to stop vehicles to exercise statutory search powers

[Repealed]

314A Statutory search power [Repealed]

314B General power to stop vehicles [Repealed]

314C Powers incidental to stopping vehicles under section 314B [Repealed]

314D Offences relating to stopping vehicles under section 314B [Repealed]

Arrest

315 Arrest without warrant

316 Duty of persons arresting

317 Power to enter premises to arrest offender or prevent offence [Repealed]

317A Power to stop vehicles for purpose of arrest [Repealed]

317AA Powers incidental to stopping vehicles under section 317A [Repealed]

317AB Offences relating to stopping vehicles under section 317A [Repealed]

317B Road blocks [Repealed]

Bail

[Repealed]

318 When bail not allowable [Repealed]

319 Rules as to granting bail [Repealed]

319A Detention while bail bond prepared and signed [Repealed]

319B Variation of conditions of bail [Repealed]

320 Arrest of absconder [Repealed]

320A Person on bail may be arrested without warrant in certain circumstances [Repealed]

320B Failure to answer bail [Repealed]

320C Non-performance of condition of bail bond to be certified by Judge [Repealed]

Plea of guilty after committal for trial

321 Person committed for trial may plead guilty before trial

Change of venue

322 Changing venue or sitting

323 Powers of court of committal as to custody or bail of accused [Repealed]

324 Attendance of witnesses at substituted court

325 Powers of substituted court to compel attendance

326 Trial in substituted court

327 Witnesses' expenses where indictment removed at instance of the Crown

Indictments

328 Form of indictment

329 Contents of counts

330 Crimes may be charged in the alternative

331 Certain objections not to vitiate counts

332 Indictment for perjury or fraud

333 General provisions as to counts not affected

334 Further particulars

335 Variance and amendment

336 Indictment for treason

337 Attempt proved when crime is charged

338 Crime proved when attempt is charged

339 Part of charge proved

340 Joinder of counts

341 Charge of previous conviction

342 Objections to indictment

343 Indictment of parties

344 Accessories after the fact, and receivers

344AA Money launderers

Evidence

344A Interlocutory order relating to admissibility of evidence

Identification evidence

344B Attendance at identification parade voluntary

344C Information relating to identification witness to be supplied to defendant

344D Jury to be warned where principal evidence relates to identification [Repealed]

Filing indictment

345 Presenting indictment

345A Time for filing indictment

345B Extension of time for filing indictment

345C Trial Judge may excuse disclosure of information relating to Police investigations

345D Leave to file amended indictments

346 Failure of prosecutor to file indictment

347 Power to discharge accused

348 Copy of indictment

349 Special provisions in case of treason [Repealed]

Trial and sentence

350 Bench warrant [Repealed]

351 Failure of witness to attend

352 Refusal of witness to give evidence

353 Record of proceedings

354 Right to be defended

355 Arraignment

356 Plea

357 Special pleas

358 Pleas of previous acquittal and conviction

359 Second accusation

360 Evidence of former trial

361 Plea on behalf of corporation

361A Trial before a Judge with a jury general rule

361B Accused may apply for trial before a Judge without a jury

361C Judge may order trial without a jury in certain cases

361D Judge may order trial without jury in certain cases that are likely to be long and complex

361E Judge may order trial without jury in cases involving intimidation of juror or jurors

362 Challenging the array [Repealed]

363 Challenges and directions to stand by [Repealed]

364 Caution to accused when undefended

365 Question to accused when undefended

366 Comment on failure to give evidence

366A Unsworn statement prohibited

367 Evidence and addresses

367A Notice of alibi

368 Adjourning trial for witnesses

369 Admissions [Repealed]

369A Prosecution may withdraw in certain cases

370 Jury retiring to consider verdict [Repealed]

371 Motion in arrest of judgment. Sentence

372 Correction of erroneous sentence

373 Discretion to keep jury together

374 Discharge of juror or jury

375 Power to clear court and forbid report of proceedings [Repealed]

375A Special provisions in cases of sexual nature [Repealed]

376 Presence of the accused

377 Proceedings on Sunday

378 Stay of proceedings

Retrials of previously acquitted persons

378A Order for retrial may be granted if acquittal tainted

378B Meaning of terms used in sections 378C and 378D

378C Consent of Solicitor-General required in certain circumstances for exercise of powers in relation to acquitted person

378D Order for retrial may be granted by Court of Appeal if new and compelling evidence discovered

378E Orders to safeguard fairness of retrial

378F Effect of order for retrial

Part 13
Appeals

379 Interpretation

Appeal on matters arising before trial

379A Right of appeal in certain cases

379AB Appeal against decision of Court of Appeal on appeal against certain orders

Appeal on question of bail

379B Appeal from decision of High Court relating to bail [Repealed]

379C Procedural provisions relating to appeal on question of bail [Repealed]

379CA Appeal against order in respect of costs

379D Execution of decision of Court of Appeal [Repealed]

Appeal on question of law

380 Reserving question of law

381 Appeal where no question reserved

381A Question of law arising out of discharge under section 347 or stay of prosecution may be referred to Court of Appeal

382 Powers of Court of Appeal where appeal is on question of law

Appeal against conviction or sentence

383 Right of appeal against conviction or sentence

383A Appeal against decision of Court of Appeal on appeal against conviction or sentence

384 Right of appeal against sentence or conviction for contempt of court

384A Jurisdiction in certain cases where appeals lie to different courts

385 Determination of appeals in ordinary cases

386 Powers of appellate courts in special cases

387 Revesting and restitution of property on conviction

388 Time for appealing

389 Supplemental powers of appellate courts

390 Duty of Solicitor-General

391 Costs of appeal [Repealed]

392 Duties of Registrar with respect to notices of appeal, etc

General provisions as to appeals

392A Decision about mode of hearing

392B Hearings on the papers

393 Certain powers exercisable by 1 Judge

394 Evidence for appellate courts

395 Right of appellant to be represented, and restriction on attendance

396 Power to forbid report of proceedings, etc [Repealed]

397 Granting of bail to appellant, and custody pending appeal [Repealed]

398 Judgment of Court of Appeal

399 Intermediate effects of appeal

Part 14
Miscellaneous provisions

400 Consent of Attorney-General to certain prosecutions

401 Contempt of court

402 Costs [Repealed]

403 Compensation for loss of property [Repealed]

404 Restitution of property

405 Civil remedy not suspended

406 Prerogative of mercy

406A Appeals against decisions made on references

407 Effect of free pardon

408 Act to bind the Crown

409 Rules of court

410 Regulations

411 Consequential amendments

412 Repeals and savings

413 Enactment creating offence is repealed and replaced or consolidated

414 Repealed enactment continues to have effect

415 Inconsistency with other enactment or rule of law

Schedule 1
Carrying out of sentence of death

[Repealed]

Schedule 2
Forms

Schedule 3
Enactments amended

Schedule 4
United Kingdom enactments ceasing to have effect in New Zealand

Schedule 5
New Zealand enactments repealed

Schedule 6
Interception warrant

[Repealed]

Crimes Amendment Act (No 2) 1979

Crimes Amendment Act (No 3) 1985

Homosexual Law Reform Act 1986

Crimes Amendment Act (No 2) 1989

Crimes Amendment Act (No 2) 1995

Crimes (Bribery of Foreign Public Officials) Amendment Act 2001

Crimes (Criminal Appeals) Amendment Act 2001

Prostitution Reform Act 2003

Crimes Amendment Act 2005

Crimes (Substituted Section 59) Amendment Act 2007

Crimes Amendment Act (No 2) 2008

Crimes Amendment Act (No 3) 2011

Search and Surveillance Act 2012

Reprint notes


An Act to consolidate and amend the Crimes Act 1908 and certain other enactments of the Parliament of New Zealand relating to crimes and other offences

  • Title: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986 No 114).