Crimes Act 1961

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81 Seditious offences defined
  • (1) A seditious intention is an intention—

    • (a) To bring into hatred or contempt, or to excite disaffection against, Her Majesty, or the Government of New Zealand, or the administration of justice; or

    • (b) To incite the public or any persons or any class of persons to attempt to procure otherwise than by lawful means the alteration of any matter affecting the Constitution, laws, or Government of New Zealand; or

    • (c) To incite, procure, or encourage violence, lawlessness, or disorder; or

    • (d) To incite, procure, or encourage the commission of any offence that is prejudicial to the public safety or to the maintenance of public order; or

    • (e) To excite such hostility or ill will between different classes of persons as may endanger the public safety.

    (2) Without limiting any other legal justification, excuse, or defence available to any person charged with any offence, it is hereby declared that no one shall be deemed to have a seditious intention only because he intends in good faith—

    • (a) To show that Her Majesty has been misled or mistaken in her measures; or

    • (b) To point out errors or defects in the Government or Constitution of New Zealand, or in the administration of justice; or to incite the public or any persons or any class of persons to attempt to procure by lawful means the alteration of any matter affecting the Constitution, laws, or Government of New Zealand; or

    • (c) To point out, with a view to their removal, matters producing or having a tendency to produce feelings of hostility or ill will between different classes of persons.

    (3) A seditious conspiracy is an agreement between 2 or more persons to carry into execution any seditious intention.

    (4) For the purposes of sections 83 to 85 of this Act,—

    To publish means to communicate to the public or to any person or persons, whether in writing, or orally, or by any representation, or by any means of reproduction whatsoever

    Statement includes words, writing, pictures, or any significant expression or representation whatsoever; and also includes any reproduction, by any means whatsoever, of any statement.

    Compare: 1908 No 32 s 118(1), (2), (5)