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

(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 or she 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) 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)

If a person does or omits to do any act to which this section applies, and that act or omission would, if it occurred within New Zealand, be an offence, under this Act or any other enactment (whether that enactment was passed before or after the commencement of this Act), punishable by imprisonment for life or by 2 or more years’ imprisonment, then, subject to the provisions of this Act and that other enactment, the person is liable on conviction as if the act or omission had occurred in New Zealand.

(2A)

If any proceedings are taken by virtue of the jurisdiction conferred by this section, it is 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) applies, and that act or omission would, if it occurred within New Zealand, be an offence punishable by imprisonment for life or by 2 or more years’ imprisonment, 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.

(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 offence against the Maritime Transport Act 1994 or Part 5A of the Civil Aviation Act 1990.

Compare: 1908 No 32 s 4A(2); 1948 No 77 s 8; 1953 No 120 ss 2, 3, 4, 6; Criminal Code (1954, as amended 1959) s 5A (Canada)

Section 8(2): replaced, on 1 July 2013, by section 4(1) of the Crimes Amendment Act 2013 (2013 No 27).

Section 8(2A): inserted, on 1 July 2013, by section 4(1) of the Crimes Amendment Act 2013 (2013 No 27).

Section 8(3): amended, on 1 July 2013, by section 4(2) of the Crimes Amendment Act 2013 (2013 No 27).

Section 8(7): amended, on 1 July 2013, by section 4(3) of the Crimes Amendment Act 2013 (2013 No 27).

Section 8(7): amended, on 1 June 2004, by section 41(3) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 8(7): amended, on 1 February 1995, pursuant to section 202(1) of the Maritime Transport Act 1994 (1994 No 104).