219 Theft or stealing
  • (1) Theft or stealing is the act of,—

    • (a) dishonestly and without claim of right, taking any property with intent to deprive any owner permanently of that property or of any interest in that property; or

    • (b) dishonestly and without claim of right, using or dealing with any property with intent to deprive any owner permanently of that property or of any interest in that property after obtaining possession of, or control over, the property in whatever manner.

    (2) An intent to deprive any owner permanently of property includes an intent to deal with property in such a manner that—

    • (a) the property cannot be returned to any owner in the same condition; or

    • (b) any owner is likely to be permanently deprived of the property or of any interest in the property.

    (3) In this section, taking does not include obtaining ownership or possession of, or control over, any property with the consent of the person from whom it is obtained, whether or not consent is obtained by deception.

    (4) For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.

    Compare: 1961 No 43 s 220(1), (2), (5)

    Section 219: replaced, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).