Crimes Amendment Act 2005

4 Extraterritorial jurisdiction in respect of certain offences with transnational aspects

(1)

Section 7A(1) of the principal Act is amended—

(a)

by inserting, before the expression “section 98A”, the expression “section 98AA,” ; and

(b)

by omitting the expression “section 257A”, and substituting the expression “section 243”.

(2)

Section 7A of the principal Act is amended by inserting, after subsection (2), the following subsection:

(2A)

Even if some or all of the acts alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for an offence against section 131B—

(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

(b)

if any of the acts 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.