Mercenary Activities (Prohibition) Act 2004

Extraterritorial jurisdiction

13 Extraterritorial jurisdiction
  • (1) Even if the acts or omissions alleged to constitute an offence occurred wholly outside New Zealand, proceedings may be brought for an offence under any of sections 7 to 12

    • (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 on board—

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

      • (iv) an aircraft for the time being used as an aircraft of the New Zealand Defence Force; or

      • (v) 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.

    (2) The following sections do not apply in respect of an offence under any of sections 7 to 12:

    • (a) section 8 of the Crimes Act 1961 (which relates to jurisdiction in respect of crimes on ships or aircraft beyond New Zealand):

    • (b) section 400 of the Crimes Act 1961 (which requires the consent of the Attorney-General to proceedings in certain cases for offences on ships or aircraft).

    (3) Nothing in this section limits the application of any of sections 7 to 12 in respect of—

    • (a) acts or omissions that occurred wholly in New Zealand; or

    • (b) the application of section 7 of the Crimes Act 1961 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

    • (c) the application of section 8A of the Crimes Act 1961.