2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

assault means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other person to believe on reasonable grounds that he has, present ability to effect his purpose; and to assault has a corresponding meaning

authorised officer has the meaning given in section 4 of the Policing Act 2008

claim of right has the same meaning as it has in section 2(1) of the Crimes Act 1961

constable has the meaning given in section 4 of the Policing Act 2008

crime involving dishonesty has the meaning given to it in section 2(1) of the Crimes Act 1961

intoxicating liquor means alcohol within the meaning of section 5(1) of the Sale and Supply of Alcohol Act 2012

is liable means is liable on conviction

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine.

newspaper means any paper containing public news or observations on public news which is printed for sale or distribution and is published in New Zealand periodically at intervals not exceeding 40 days; but does not include any paper containing only matter wholly of a commercial nature

offence involving violence means an offence against any of the provisions listed in Schedule 3

Police dog has the meaning given in section 4 of the Policing Act 2008

Police dog handler has the meaning given in section 4 of the Policing Act 2008

prison officer means an officer within the meaning of section 3(1) of the Corrections Act 2004; and includes a security officer within the meaning of that section

public place means a place that, at any material time, is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward

serious drug offence means an offence against any of the provisions listed in Schedule 4

shop means a building, place, or part of a building or place, where goods are sold by retail, or kept or offered for sale by retail; and—

(a)

includes—

(i)

an auction mart; and

(ii)

a barrow, stall, or other subdivision of a market; but

(b)

does not include a building, place, or part of a building or place, where the only business carried on is that of selling goods to people who are dealers, and buy the goods to sell them again

spraycan means a container (made of any material or materials) that—

(a)

contains paint, dye, ink, or some other pigment; and

(b)

is so designed that the pigment it contains can be propelled from it (whether by a compressed or liquefied gas, or by mechanical means)

traffic officer means a traffic officer who is an officer of the Ministry of Transport or of a local authority; and includes any other person whose appointment as a traffic officer has been approved by the Minister of Transport.

(2)

Without limiting the definition of the term public place in subsection (1), for the purposes of this Act, a person is in a public place if he is in any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle, which is in a public place.

(3)

When it is provided in this Act that any person is liable to any punishment for doing or omitting to do any act, every person doing or omitting to do that act is, subject to the provisions of this Act, guilty of an offence.

Compare: 1927 No 35 ss 2, 40; 1954 No 51 s 2; 1955 No 21 s 2; 1955 No 85 s 6; 1955 No 98 s 2; 1961 No 43 s 2; 1962 No 135 s 2; 1978 No 34 s 2; 1979 No 59 s 8(3)

Section 2(1) authorised officer: inserted, on 1 October 2008, by section 127(1) of the Policing Act 2008 (2008 No 72).

Section 2(1) claim of right: inserted, on 1 October 2003, by section 34 of the Crimes Amendment Act 2003 (2003 No 39).

Section 2(1) colour of right: repealed, on 1 October 2003, by section 34 of the Crimes Amendment Act 2003 (2003 No 39).

Section 2(1) constable: substituted, on 1 October 2008, by section 127(2) of the Policing Act 2008 (2008 No 72).

Section 2(1) crime: repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 2(1) crime involving dishonesty: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 2(1) crime involving violence: repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 2(1) intoxicating liquor: replaced, on 18 December 2013, by section 4 of the Summary Offences (Alcohol Reform) Amendment Act 2012 (2012 No 122).

Section 2(1) is liable: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) offence involving violence: inserted, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 2(1) Police dog: inserted, on 1 October 2008, by section 127(1) of the Policing Act 2008 (2008 No 72).

Section 2(1) Police dog handler: inserted, on 1 October 2008, by section 127(1) of the Policing Act 2008 (2008 No 72).

Section 2(1) prison officer: substituted, on 1 March 1995, by section 28(1) of the Penal Institutions Amendment Act 1994 (1994 No 120).

Section 2(1) prison officer: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 2(1) serious drug offence: inserted, on 1 January 1998, by section 2 of the Summary Offences Amendment Act 1997 (1997 No 97).

Section 2(1) shop: inserted, on 25 September 2008, by section 6(2) of the Summary Offences (Tagging and Graffiti Vandalism) Amendment Act 2008 (2008 No 43).

Section 2(1) spraycan: inserted, on 26 June 2008, by section 5(2) of the Summary Offences (Tagging and Graffiti Vandalism) Amendment Act 2008 (2008 No 43).

Section 2(1) unlawful weapon: repealed, on 7 May 1999, by section 2(2) of the Summary Offences Amendment Act 1999 (1999 No 48).