220 Theft by person in special relationship
  • (1) This section applies to any person who has received or is in possession of, or has control over, any property on terms or in circumstances that the person knows require the person—

    • (a) to account to any other person for the property, or for any proceeds arising from the property; or

    • (b) to deal with the property, or any proceeds arising from the property, in accordance with the requirements of any other person.

    (2) Every one to whom subsection (1) applies commits theft who intentionally fails to account to the other person as so required or intentionally deals with the property, or any proceeds of the property, otherwise than in accordance with those requirements.

    (3) This section applies whether or not the person was required to deliver over the identical property received or in the person's possession or control.

    (4) For the purposes of subsection (1), it is a question of law whether the circumstances required any person to account or to act in accordance with any requirements.

    Compare: 1961 No 43 ss 222, 223, 224

    Section 220: replaced, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).