Crimes Amendment Act (No 3) 1985

Crimes Amendment Act (No 3) 1985

Public Act1985 No 160
Date of assent12 December 1985

Note

This Act is administered in the Ministry of Justice


An Act to amend the Crimes Act 1961

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title and commencement
  • (1) This Act may be cited as the Crimes Amendment Act (No 3) 1985, and shall be read together with and deemed part of the Crimes Act 1961 (hereinafter referred to as the principal Act).

    (2) This Act shall come into force on the 1st day of February 1986.

2 New sections (relating to sexual violation) substituted
  • [Repealed]

    Section 2 was repealed, as from 20 May 2005, by section 11 Crimes Amendment Act 2005 (2005 No 41).

3 Compelling indecent act with animal
  • This section inserted section 142A of the principal Act.

4 Part of charge proved
  • This section repealed section 339(3) of the principal Act.

5 Special provisions in cases involving sexual violation
  • This section inserted section 375A in the principal Act.

6 Transitional provisions
  • (1) No person shall be convicted of—

    • (a) Sexual violation; or

    • (b) Attempted sexual violation; or

    • (c) Assault with intent to commit sexual violation; or

    • (d) An offence against section 129A of the principal Act (inducing sexual connection by coercion); or

    • (e) An offence against section 142A of that Act (compelling indecent act with animal); or

    • (f) Being a party to the commission of any offence referred to in paragraphs (a) to (e) of this subsection; or

    • (g) Conspiring with any person to commit any such offence,—

    in respect of any act done before the 1st day of February 1986.

    (2) Every person who, but for the passing of this Act, could have been charged with any offence specified in subsection (3) of this section in respect of any act done before the 1st day of February 1986 may be charged with and convicted of such offence, and the relevant provisions of the principal Act shall continue to apply, as if sections 2 and 4 of this Act had not been passed.

    (3) Subsection (2) of this section applies to the following offences:

    • (a) Rape:

    • (b) Attempted rape:

    • (c) Assault with intent to commit rape:

    • (d) Being a party to the commission of any offence referred to in paragraphs (a) to (c) of this subsection:

    • (e) Conspiring with any person to commit any such offence.

    (4) Notwithstanding anything in section 1(2) of his Act or in subsection (2) of this section, where the trial of any person for an offence specified in subsection (3) of this section commences on or after the 28th day after the date on which this Act receives the Governor-General's assent, the provisions of section 375A of the principal Act (as inserted by section 5 of this Act) shall apply with all necessary modifications.

7

Schedule

Section 7(3)

  • An item relating to the Extradition Act 1965 were repealed, as from 1 September 1999, by section 111 Extradition Act 1999 (1999 No 55).