Receiving

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

246 Receiving

(1)

Every one is guilty of receiving who receives any property stolen or obtained by any other imprisonable offence, knowing that property to have been stolen or so obtained, or being reckless as to whether or not the property had been stolen or so obtained.

(2)

For the purposes of this section, property that was obtained by any act committed outside New Zealand that, if it had been committed in New Zealand, would have constituted an imprisonable offence is, subject to subsection (5), to be regarded as having been obtained by an imprisonable offence.

(3)

The act of receiving any property stolen or obtained by any other imprisonable offence is complete as soon as the offender has, either exclusively or jointly with the thief or any other person, possession of, or control over, the property or helps in concealing or disposing of the property.

(4)

If—

(a)

any property stolen or obtained by any other imprisonable offence has been returned to the owner; or

(b)

legal title to any such property has been acquired by any person,—

a subsequent receiving of it is not an offence, even though the receiver may know that the property had previously been stolen or obtained by any other imprisonable offence.

(5)

If a person is charged with an offence under this section and the property was obtained by an act committed outside New Zealand, it is to be presumed, unless the person charged puts the matter at issue, that the doing of the act by which the property was obtained was an offence under the law of the place where the act was done.

Compare: 1961 No 43 ss 258(1), 260, 261

Section 246: replaced, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).

Section 246(1): amended, on 1 July 2013, by section 7 of the Crimes Amendment Act 2013 (2013 No 27).

Section 246(2): amended, on 1 July 2013, by section 7 of the Crimes Amendment Act 2013 (2013 No 27).

Section 246(3): amended, on 1 July 2013, by section 7 of the Crimes Amendment Act 2013 (2013 No 27).

Section 246(4): amended, on 1 July 2013, by section 7 of the Crimes Amendment Act 2013 (2013 No 27).

Section 246(4)(a): amended, on 1 July 2013, by section 7 of the Crimes Amendment Act 2013 (2013 No 27).