Crimes involving deceit

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

240 Obtaining by deception or causing loss by deception
  • (1) Every one is guilty of obtaining by deception or causing loss by deception who, by any deception and without claim of right,—

    • (a) obtains ownership or possession of, or control over, any property, or any privilege, service, pecuniary advantage, benefit, or valuable consideration, directly or indirectly; or

    • (b) in incurring any debt or liability, obtains credit; or

    • (c) induces or causes any other person to deliver over, execute, make, accept, endorse, destroy, or alter any document or thing capable of being used to derive a pecuniary advantage; or

    • (d) causes loss to any other person.

    (2) In this section, deception means—

    • (a) a false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and—

      • (i) knows that it is false in a material particular; or

      • (ii) is reckless as to whether it is false in a material particular; or

    • (b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or

    • (c) a fraudulent device, trick, or stratagem used with intent to deceive any person.

    Compare: 1961 No 43 ss 246, 247, 270

    Section 240: replaced, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).