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

(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 with or 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.

Section 7A: inserted, on 18 June 2002, by section 4 of the Crimes Amendment Act 2002 (2002 No 20).

Section 7A(1): amended, on 20 May 2005, by section 4(1)(a) of the Crimes Amendment Act 2005 (2005 No 41).

Section 7A(1): amended, on 20 May 2005, by section 4(1)(b) of the Crimes Amendment Act 2005 (2005 No 41).

Section 7A(1): amended, on 17 November 2003, by section 3(a) of the Crimes Amendment Act (No 2) 2003 (2003 No 105).

Section 7A(1): amended, on 17 November 2003, by section 3(b) of the Crimes Amendment Act (No 2) 2003 (2003 No 105).

Section 7A(1)(d): amended, on 1 December 2009, by section 4 of the Crimes Amendment Act 2009 (2009 No 47).

Section 7A(2A): inserted, on 20 May 2005, by section 4(2) of the Crimes Amendment Act 2005 (2005 No 41).