New Zealand Legislation: Acts

2 Interpretation

• (1) In this Act, unless the context otherwise requires,—

  Emergency power means any of the powers specified in section 10 or section 11 of this Act

  intercept, in relation to a private communication, includes hear, listen to, record, monitor, acquire, or receive the communication either—

  • (a) while it is taking place; or

  • (b) while it is in transit

  intercept: this definition was substituted, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39).

  International terrorist emergency means a situation in which any person is threatening, causing, or attempting to cause—

  • (a) The death of, or serious injury or serious harm to, any person or persons; or

  • (b) The destruction of, or serious damage or serious injury to,—

    • (i) Any premises, building, erection, structure, installation, or road; or

    • (ii) Any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle; or

    • (iii) Any natural feature which is of such beauty, uniqueness, or scientific, economic, or cultural importance that its preservation from destruction, damage or injury is in the national interest; or

    • (iv) Any chattel of any kind which is of significant historical, archaeological, scientific, cultural, literary, or artistic value or importance; or

    • (v) Any animal—

    in order to coerce, deter, or intimidate—

  • (c) The Government of New Zealand, or any agency of the Government of New Zealand; or

  • (d) The Government of any other country, or any agency of the Government of any other country; or

  • (e) Any body or group of persons, whether inside or outside New Zealand,—

  for the purpose of furthering, outside New Zealand, any political aim

  private communication —

  • (a) means a communication (whether in oral or written form or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but

  • (b) does not include such a communication occurring in circumstances in which any party ought reasonably to expect that the communication may be intercepted by some other person not having the express or implied consent of any party to do so.

  private communication: this definition was substituted, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39).

  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

  Road includes any motorway, regional motorway, regional road, street, private road, access way, private way, or service lane, and every bridge, culvert, ford, gate, or other thing belonging to any road.

  (2) A reference in this Act to a party to a private communication is a reference to—

  • (a) Any originator of the communication and any person intended by the originator to receive it; and

  • (b) A person who, with the express or implied consent of any originator of the communication or any person intended by the originator to receive it, intercepts the communication.

  (3) A reference in this Act to the Prime Minister means,—

  • (a) Where the Prime Minister is for any reason unavailable, the Deputy Prime Minister; and

  • (b) Where both the Prime Minister and the Deputy Prime Minister are for any reason unavailable, the next highest ranked Minister of the Crown available.