Summary Offences Act 1981

Official information

Heading: inserted, on 1 July 1983, by section 2 of the Summary Offences Amendment Act (No 2) 1982 (1982 No 159).

20A Unauthorised disclosure of certain official information

(1)

Every person commits an offence and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000 who knowingly communicates to any other person any official information as defined in section 78A(2) of the Crimes Act 1961 (not being official information that is publicly available) or delivers to any other person any object as defined in section 78A(2) of the Crimes Act 1961 knowing that he does not have proper authority to effect the communication or delivery and that the communication of that information or the delivery of that object is likely—

(a)

to endanger the safety of any person:

(b)

to prejudice the maintenance of confidential sources of information in relation to the prevention, investigation, or detection of offences; or

(c)

to prejudice the effectiveness of operational plans for the prevention, investigation, or detection of offences or the maintenance of public order, either generally or in a particular case; or

(d)

to prejudice the safeguarding of life or property in a disaster or emergency; or

(e)

to prejudice the safe custody of offenders or of persons charged with offences; or

(f)

to damage seriously the economy of New Zealand by disclosing prematurely decisions to change or continue Government economic or financial policies relating to—

(i)

exchange rates or the control of overseas exchange transactions:

(ii)

the regulation of banking or credit:

(iii)

taxation:

(iv)

the stability, control, and adjustment of prices of goods and services, rents, and other costs, and rates of wages, salaries, and other incomes:

(v)

the borrowing of money by the Government of New Zealand:

(vi)

the entering into of overseas trade agreements.

(2)

No charging document may be filed against any person for—

(a)

an offence against this section; or

(b)

the offence of conspiring to commit an offence against this section; or

(c)

the offence of attempting to commit an offence against this section,—

except with the consent of the Attorney-General:

provided that a person alleged to have committed any offence mentioned in this subsection may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the filing of a charging document for the offence has not been obtained, but no further or other proceedings shall be taken until that consent has been obtained.

(3)

The Attorney-General may, before deciding whether or not to give his consent under subsection (2), make such inquiries as he thinks fit.

Section 20A: inserted, on 1 July 1983, by section 2 of the Summary Offences Amendment Act (No 2) 1982 (1982 No 159).

Section 20A(1)(a): substituted, on 1 April 1987, by section 25(1) of the Official Information Amendment Act 1987 (1987 No 8).

Section 20A(1)(f): substituted, on 1 April 1987, by section 25(1) of the Official Information Amendment Act 1987 (1987 No 8).

Section 20A(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 20A(2) proviso: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).