117 Offences in respect of manipulating or processing electoral information

(1)

Every person commits an offence who processes, manipulates, or otherwise changes by optical scanning or other electronic or mechanical means, any information obtained pursuant to section 112 or section 113 or section 114 or contained in any habitation index or any printed roll, in such a way as to produce that information or part of that information in a different form from that in which it was supplied under this Act.

(2)

It shall not be an offence against subsection (1) to process, manipulate, or otherwise change information obtained pursuant to any of the provisions of sections 112 to 114 into a different form if—

(a)

the processing or manipulation is done, or the change is effected, by or on behalf of the person by whom the information was obtained; and

(b)

the information, in its different form, is used only for purposes authorised by the provision under which it was obtained.

(3)

It shall not be an offence against subsection (1) to process, manipulate, or otherwise change information obtained pursuant to any of the provisions of sections 112 to 114 or contained in any habitation index or any printed roll into a different form if the information was obtained under this Act more than 10 years before the date on which the processing or manipulation is done or the change is effected.

(4)

Every person who commits a breach of subsection (1) is liable on conviction to a fine not exceeding $50,000.

(5)

Every person commits an offence who—

(a)

uses for any purpose; or

(b)

supplies to any person—

any information the production of which contravenes subsection (1).

(6)

Every person who commits a breach of subsection (5) is liable on conviction,—

(a)

where the use or supply was for a commercial purpose, to a fine not exceeding $50,000; or

(b)

where the use or supply was for any other purpose, to a fine not exceeding $10,000.

Compare: 1956 No 107 s 64BC; 1990 No 1 s 28(1)

Section 117(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 17(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).