Crimes Amendment Act 2002

4 New sections 7A and 7B inserted
  • The principal Act is amended by inserting, after section 7, the following sections:

    7A Extraterritorial jurisdiction in respect of certain offences with transnational aspects
    • (1) Even if the acts or omissions alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for an offence against section 98A, section 98C, section 98D, any of sections 100 to 104, section 105(2), section 116, section 117, or section 257A—

      • (a) if the person to be charged—

        • (i) is a New Zealand citizen; or

        • (ii) is ordinarily resident in New Zealand; or

        • (iii) has been found in New Zealand and has not been extradited; or

        • (iv) is a body corporate, or a corporation sole, incorporated under the law of New Zealand; or

      • (b) if any of the acts or omissions is alleged to have occurred—

        • (i) on board a ship registered or required to be registered under the Ship Registration Act 1992; or

        • (ii) on board a ship used as a ship of the New Zealand Defence Force; or

        • (iii) on board a New Zealand aircraft; or

        • (iv) on board an aircraft that is leased to a lessee whose principal place of business is in New Zealand, or who is a New Zealand citizen or a person ordinarily resident in New Zealand; or

      • (c) if a person in respect of whom the offence is alleged to have been committed—

        • (i) is a New Zealand citizen; or

        • (ii) is ordinarily resident in New Zealand; or

      • (d) in the case of an offence against section 98A, if the group of people in which the person to be charged is alleged to have participated are alleged to have as their objective or one of their objectives the obtaining of material benefits by the commission in New Zealand of offences or conduct referred to in paragraph (a) or paragraph (b) of section 98A(2).

      (2) Even if the acts or omissions alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for an offence against section 98C or section 98D,—

      • (a) in the case of an offence against section 98C(1) or section 98D, if the act or omission is alleged to relate to the entry of a person into New Zealand; or

      • (b) in the case of an offence against section 98C(2), if the act or omission is alleged to relate to arranging the bringing of a person to New Zealand.

      (3) Neither section 8 nor section 400 applies to an offence referred to in subsection (1).

      (4) Nothing in subsections (1) to (3) limits or affects—

      • (a) the application of section 7 to the occurrence in New Zealand of—

        • (i) an act or omission forming part of an offence; or

        • (ii) an event necessary to the completion of an offence; or

      • (b) the application of section 8A.

    7B Attorney-General's consent required where jurisdiction claimed under section 7A
    • (1) Proceedings for an offence against section 98A, section 116, section 117, or section 257A cannot be brought in a New Zealand court against a person without the Attorney-General's consent, if jurisdiction over the person is claimed by virtue of section 7A.

      (2) A person over whom jurisdiction is claimed by virtue of section 7A may be arrested for an offence against section 98A, section 116, section 117, or section 257A, or a warrant for the person's arrest for the offence may be issued and executed, and the person may be remanded in custody or on bail, even though the Attorney-General's consent to the bringing of proceedings against the person has not been obtained.