New Zealand Legislation: Acts
Acts are laws made by Parliament
(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
claim of right: this definition was inserted, as from 1 October 2003, by section 34 Crimes Amendment Act 2003 (2003 No 39).
Colour of right
[Repealed]
Colour of right: this definition was repealed, as from 1 October 2003, by section 34 Crimes Amendment Act 2003 (2003 No 39).
“constable has the meaning given in section 4 of the Policing Act 2008”
Crime means an offence for which the offender may be proceeded against by indictment
crime involving dishonesty means any crime described in Part 10 of the Crimes Act 1961, except the crimes described in sections 267 to 272.
crime involving dishonesty: this definition was substituted, as from 1 October 2003, by section 34 Crimes Amendment Act 2003 (2003 No 39).
Crime involving violence means an offence against any of the provisions listed in Schedule 3
Crime involving violence: this definition was inserted, as from 1 January 1998, by section 2 Summary Offences Amendment Act 1997 (1997 No 97).
Intoxicating liquor means any spirits, wine, ale, beer, porter, stout, cider, or perry, or any other fermented, distilled, or spirituous liquor, which on analysis is found to contain more than 2 parts percent of proof spirit
Is liable means is liable on summary 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.
medical practitioner: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
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
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
Prison officer: the original definition was amended, as from 1 October 1985, by section 23(2) Penal Institutions Amendment Act 1985 (1985 No 123) by omitting the words “; and includes any Warden, officer, or employee of a pre-release hostel appointed under section 4 of the Penal Institutions Amendment Act 1978”
.
Prison officer: this definition was substituted, as from 1 March 1995, by section 28(1) Penal Institutions Amendment Act 1994 (1994 No 120). See regulation 3(1) Penal Institutions Amendment Act Commencement Order 1995 (SR 1995/3).
Prison officer: this definition was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the words “section 3(1) of the Corrections Act 2004”
for the words “section 2 of the Penal Institutions Act 1954”
. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
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
Serious drug offence: this definition was inserted, as from 1 January 1998, by section 2 Summary Offences Amendment Act 1997 (1997 No 97).
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
Unlawful weapon
[Repealed]
Unlawful weapon: this definition was repealed, as from 7 May 1999, by section 2(2) Summary Offences Amendment Act 1999 (1999 No 48).
(2) Without limiting the definition of the term public place in subsection (1) of this section, 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) constable: substituted, on 1 October 2008, by section 127(2) of the Policing Act 2008 (2008 No 72).
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) 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).