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).