Crimes (Indecency) Amendment Act 2015

6 New section 144AB inserted (Party or accessory liability for sexual acts with children or young people outside New Zealand done by, or involving, foreigner principal parties)

After section 144A, insert:

144AB Party or accessory liability for sexual acts with children or young people outside New Zealand done by, or involving, foreigner principal parties

(1)

A New Zealander is a party under section 66, an accessory after the fact, or both, to a New Zealand sexual offence with a child or young person outside New Zealand if,—

(a)

a sexual act with a child or young person is done or to be done, outside New Zealand, by 1 or more principal parties who are foreigners; and

(b)

the New Zealander does, outside New Zealand, an act with, or in respect of, the act done or to be done by the 1 or more foreigners; and

(c)

had both acts been done in New Zealand, the New Zealander would be a party under section 66, an accessory after the fact, or both, to a sexual offence with a child or young person.

(2)

In this section,—

accessory after the fact means an accessory after the fact under sections 71 and 312

foreigner means a person who—

(a)

is not a New Zealand citizen; and

(b)

is not a person ordinarily resident in New Zealand

New Zealand sexual offence with a child or young person outside New Zealand means an offence against section 144A(1)(a), (b), or (c)

New Zealander means a person who—

(a)

is a New Zealand citizen; or

(b)

is a person ordinarily resident in New Zealand

party under section 66 includes a party under that section as extended by section 70

sexual act with a child or young person means an act to which section 144A(2), (3), or (4) applies

sexual offence with a child or young person means an offence against a section specified in section 144A(2)(a), (b), or (c), (3)(a), (b), or (c), or (4).

(3)

This section does not limit or affect section 69(3) or 144C (whether used with, or apart from, section 66).

Compare: Criminal Code Act 1995 Division 272 (Aust); Sexual Offences Act 2003 s 72, Schedule 2 (UK)