Supplementary Order Paper No 185

No 185

House of Representatives

Supplementary Order Paper

Wednesday, 12 December 2018

Crimes Amendment Bill

Proposed amendments

Hon Andrew Little, in Committee, to move the following amendments:

New clauses 6A and 6B inserted

After clause 6 (page 2, after line 13), insert:

6A New section 220A inserted (Theft of livestock and other animals)

After section 220, insert:

220A Theft of livestock and other animals

A person commits theft and is liable to imprisonment for a term not exceeding 7 years if they steal any livestock or any other animal that is the property of any other person.

6B New section 231A inserted (Entry onto agricultural land with intent to commit imprisonable offence)

After section 231, insert:

231A Entry onto agricultural land with intent to commit imprisonable offence

(1)

A person commits an offence and is liable to imprisonment for a term not exceeding 10 years if they enter onto any land used for agricultural purposes, without authority and with intent to commit an imprisonable offence relating to any building or structure, livestock, animal, or machinery on that land.

(2)

For the purpose of this section,—

(a)

entry onto land occurs as soon as any part of the body of the person entering onto the land, or any part of any instrument used by that person, is within the boundaries of the land; and

(b)

every one who gains entry onto land by any threat or artifice used for that purpose is to be treated as having entered without authority.

(3)

Sections 232 and 233 apply to this section with any necessary modifications.

(4)

For the purpose of this section,—

agricultural purposes includes (without limitation) the farming of livestock or crops, horticulture (including growing fruit, berries, or vegetables), viticulture, bee-keeping, and forest cultivation

land does not include a building within the meaning given in section 231.

New clauses 7A and 7B inserted

After clause 7 (page 2, after line 20), insert:

7A Section 221 amended (Theft of animals)

Replace the heading to section 221 with Theft of parts of killed animals.

7B Section 223 amended (Punishment of theft)

In section 223, replace “theft” with “theft (except under section 220A)”.

Explanatory note

This Supplementary Order Paper creates 2 new offences and makes 2 consequential amendments to the principal Act.

Departmental disclosure statement

The Ministry of Justice is required to prepare a disclosure statement to assist with the scrutiny of this Supplementary Order Paper. The disclosure statement provides access to information about any material policy changes to the Bill and identifies any new significant or unusual legislative features of the Bill as amended.

Regulatory impact assessment

The Ministry of Justice produced a regulatory impact assessment on 20 September 2018 to help inform the new policy decisions taken by the Government relating to the contents of this SOP.