Omit from section 131A(1)(a)(iv) the words “inducing sexual connection by coercion”
and substitute the words “sexual connection with consent induced by certain threats”
.
Repeal section 10(2)(a) and substitute:
(a)
section 128B (sexual violation):
Omit from Part 1 of the Schedule the items relating to sections 128 to 142 of the Crimes Act 1961 and substitute:
Sexual violation | 128B(1) |
Attempted sexual violation | 129(1) |
Assault with intent to commit sexual violation | 129(2) |
Inducing sexual connection by threat | 129A(1) |
Inducing indecent act by threat | 129A(2) |
Incest | 130(2) |
Sexual connection with dependent family member | 131(1) |
Attempted sexual connection with dependent family member | 131(2) |
Indecent act with dependent family member | 131(3) |
Meeting young person under 16 following sexual grooming, etc | 131B(1) |
Sexual connection with child under 12 | 132(1) |
Attempted sexual connection with child under 12 | 132(2) |
Indecent act on child under 12 | 132(3) |
Sexual connection with young person under 16 | 134(1) |
Attempted sexual connection with young person under 16 | 134(2) |
Indecent act on young person under 16 | 134(3) |
Indecent assault | 135 |
Exploitative sexual connection with person with significant impairment | 138(1) |
Attempted exploitative sexual connection with person with significant impairment | 138(2) |
Exploitative indecent act with person with significant impairment | 138(4) |
Omit from Part 1 of the Schedule the items relating to sections 208 and 209 of the Crimes Act 1961 and substitute:
Abduction for purposes of marriage or sexual connection | 208 |
Kidnapping | 209 |
Add to Part 1 of the Schedule after the item relating to section 242 of the Crimes Act:
| Crimes Act 1961 (before commencement of Crimes Amendment Act 2005) |
Sexual violation | section 128 |
Attempt to commit sexual violation | section 129 |
Inducing sexual connection by coercion | section 129A |
Incest | section 130 |
Sexual intercourse with girl under care or protection | section 131 |
Sexual intercourse with girl under 12 | section 132(1) |
Attempted sexual intercourse with girl under 12 | section 132(2) |
Indecency with girl under 12 | section 133 |
Sexual intercourse with girl between 12 and 16 | section 134(1) |
Indecency with girl between 12 and 16 | section 134(2) |
Indecent assault on woman or girl | section 135 |
Sexual intercourse with severely subnormal woman or girl | section 138 |
Abduction of woman or girl | section 208 |
Abduction of child under 16 | section 210 |
Omit from Part 2 of the Schedule the item relating to section 144A of the Crimes Act 1961 and substitute the following item:
Sexual conduct with children and young people outside New Zealand | section 144A |
Omit from Part 2 of the Schedule the item relating to section 210 of the Crimes Act 1961 and substitute the following item:
Abduction of young person under 16 | section 210 |
Insert in Part 2 of the Schedule after the item relating to section 302 of the Crimes Act 1961 the following items:
| Crimes Act 1961 (before commencement of Crimes Amendment Act 2005) |
Inducing sexual intercourse under pretence of marriage | section 137 |
Indecent act between woman and girl | section 139 |
Sexual conduct with children outside New Zealand | section 144A |
Abduction of child under 16 | section 210 |
Omit from section 4 the definition of specified offence and substitute:
specified offence means any of the following offences
(a)
an offence committed (whether before or after the commencement of the Crimes Amendment Act 2005) against any of the following provisions of the Crimes Act 1961:
(ii)
section 131B(1) (meeting a young person under 16 following sexual grooming, etc):
(iii)
section 144C (organising or promoting child sex tours):
(iv)
section 204A (female genital mutilation):
(v)
section 204B (further offences relating to female genital mutilation):
(b)
an offence committed after the commencement of the Crimes Amendment Act 2005 against any of the following provisions of the Crimes Act 1961:
(i)
section 131 (sexual conduct with a dependent family member):
(ii)
section 132 (sexual conduct with a child under 12):
(iii)
section 134 (sexual conduct with a young person under 16):
(iv)
section 138 (sexual exploitation of a person with a significant impairment):
(v)
section 144A (sexual conduct with children and young people outside New Zealand):
(c)
an offence committed before the commencement of the Crimes Amendment Act 2005 against any of the following provisions of the Crimes Act 1961:
(i)
section 131 (sexual intercourse with a girl under care or protection):
(ii)
section 132 (sexual intercourse with a girl under 12):
(iii)
section 133 (indecency with a girl under 12):
(iv)
section 134 (sexual intercourse or indecency with a girl between 12 and 16):
(v)
section 138 (sexual intercourse with a severely subnormal woman or girl):
(vi)
section 139 (indecent act between a woman and a girl):
(vii)
section 140 (indecency with a boy under 12):
(viii)
section 140A (indecency with a boy between 12 and 16):
(ix)
section 142 (anal intercourse):
(x)
section 144A (sexual conduct with children outside New Zealand):
(d)
an offence against any of the following provisions of the Crimes Act 1908:
(i)
section 153 (unnatural offence):
(ii)
section 154 (attempt to commit unnatural offence):
(iv)
section 208 (indecent assault):
(vi)
section 213 (attempt to commit rape):
(vii)
section 214 (defiling children under 12):
(viii)
section 215 (attempting to defile a child under 12):
(ix)
section 216 (defiling girls between 12 and 16):
(x)
section 217 (defiling idiot or imbecile woman or girl):
(xi)
section 218 (procuring defilement of girls):
(e)
an attempt to commit an offence against a provision listed in any of paragraphs (a) to (d), if—
(i)
the offence is not itself specified as an attempt; and
(ii)
the provision does not provide that the offence may be completed on an attempt:
(f)
a conspiracy to commit an offence against a provision listed in any of paragraphs (a) to (d):
(g)
being an accessory after the fact in relation to an offence against a provision listed in any of paragraphs (a) to (d).
Insert in section 28A, after the words “this Act”
, the words “(including any offence against section 128 of the Crimes Act 1961 arising out of an act or omission occurring before 1 February 1986)”
.
Omit from Part 2 of Schedule 1A the items relating to sections 128 to 132(1) of the Crimes Act 1961 and substitute:
128B | Sexual violation |
129(1) | Attempted sexual violation |
129(2) | Assault with intent to commit sexual violation |
132(1) | Sexual connection with child under 12 |
132(2) | Attempted sexual connection with child under 12 |
132(3) | Indecent act on child under 12 |
Omit from Part 2 of Schedule 1A the item relating to section 208 of the Crimes Act 1961 and substitute:
208 | Abduction for purposes of marriage or sexual connection |
Omit from section 101A(2)(g) the expression “section 101B”
, and substitute the words “sections 101B and 101C”
.
Insert, after section 101B:
101C Certain offences involving trading in children or child prostitution deemed to be included in extradition treaties
(1)
For the purposes of this Act and any Order in Council in force under section 15 or section 104,—
(a)
every offence against section 98AA of the Crimes Act 1961 is deemed to be an offence described in any extradition treaty concluded before the commencement of section 10 of the Crimes Amendment Act 2005 and for the time being in force between New Zealand and any foreign country that is a party to the protocol referred to in subsection (5); and
(b)
every offence against section 144A of the Crimes Act 1961 is deemed to be an offence described in any extradition treaty concluded before the commencement of section 10 of the Crimes Amendment Act 2005 and for the time being in force between New Zealand and any foreign country that is a party to the protocol referred to in subsection (5); and
(c)
every offence against section 23(1) of the Prostitution Reform Act 2003 is deemed to be an offence described in any extradition treaty concluded before the commencement of section 10 of the Crimes Amendment Act 2005 and for the time being in force between New Zealand and any foreign country that is a party to the protocol referred to in subsection (5); and
(d)
every offence against section 27A of the Adoption Act 1955 is deemed to be an offence described in any extradition treaty concluded before the commencement of section 6 of the Adoption Amendment Act 2011 and for the time being in force between New Zealand and any foreign country that is a party to the protocol referred to in subsection (5).
(2)
A person whose surrender is sought from New Zealand in respect of an act that amounts to an offence deemed by subsection (1) to be an offence described in an extradition treaty is liable to be surrendered in accordance with this Act and the applicable extradition treaty, whether the act occurred before or after the commencement referred to in subsection (1)(a), (b), (c), or (d), as the case requires.
(3)
Subsection (2) does not apply in respect of an act that, had it occurred within the jurisdiction of New Zealand, would not, at the time that it occurred, have constituted an offence under New Zealand law.
(4)
A certificate given and signed by the Minister of Foreign Affairs and Trade that a foreign country is a party to the protocol referred to in subsection (5) is, in the absence of proof to the contrary, sufficient evidence of that fact.
(5)
The protocol to which this section applies is the Optional Protocol to the United Nations Convention on the Rights of the Child on the sale of children, child prostitution, and child pornography adopted by the General Assembly of the United Nations at New York on 25 May 2000.
(6)
For the purposes of this section, a foreign country includes a territory if—
(a)
the foreign country’s government is responsible for the territory’s international relations; and
(b)
an extradition treaty is in force between New Zealand and the foreign country; and
(c)
the protocol referred to in subsection (5) extends to the territory.
Omit from Schedule 3 the items relating to sections 128 to 142 of the Crimes Act 1961 and substitute:
128B(1) | Sexual violation |
129(1) | Attempted sexual violation |
129(2) | Assault with intent to commit sexual violation |
129A(1) | Inducing sexual connection by threat |
129A(2) | Inducing indecent act by threat |
130 | Incest |
131(1) | Sexual connection with dependent family member |
131(2) | Attempted sexual connection with dependent family member |
131(3) | Indecent act with dependent family member |
132(1) | Sexual connection with child under 12 |
132(2) | Attempted sexual connection with child under 12 |
132(3) | Indecent act on child under 12 |
134(1) | Sexual connection with young person under 16 |
134(2) | Attempted sexual connection with young person under 16 |
134(3) | Indecent act on young person under 16 |
135 | Indecent assault |
138(1) | Exploitative sexual connection with person with significant impairment |
138(2) | Attempted exploitative sexual connection with person with significant impairment |
138(4) | Exploitative indecent act with person with significant impairment |
Insert in the Schedule, in its appropriate numerical order:
29 | Optional Protocol to the United Nations Convention on the Rights of the Child on the sale of children, child prostitution, and child pornography | An offence against any of the following sections of the Crimes Act 1961 |
| | section | subject matter |
| | 98AA | Dealing in people under 18 for sexual exploitation, removal of body parts, or engagement in forced labour |
| | 144A | Sexual conduct with children and young people outside New Zealand |
| | An offence against the following section of the Prostitution Reform Act 2003 |
| | section | subject matter |
| | 23(1) | Breach of prohibitions on use in prostitution of people under 18 |
Repeal section 107B(2) and substitute:
(2)
An offence against any of the following sections of the Crimes Act 1961 is a relevant offence:
(a)
section 128B (sexual violation), but only if the victim of the offence was under the age of 16 at the time of the offence:
(b)
section 129(1) (attempt to commit sexual violation), but only if the victim of the offence was under the age of 16 at the time of the offence:
(c)
section 129(2) (assault with intent to commit sexual violation), but only if the victim of the offence was under the age of 16 at the time of the offence:
(d)
section 129A (sexual conduct with consent induced by certain threats), but only if the victim of the offence was under the age of 16 at the time of the offence:
(e)
section 130(2) (incest), but only if the victim of the offence was under the age of 16 at the time of the offence:
(f)
section 131(1) (sexual connection with dependent family member under 18), but only if the victim of the offence was under the age of 16 at the time of the offence:
(g)
section 131(2) (attempted sexual connection with dependent family member under 18), but only if the victim of the offence was under the age of 16 at the time of the offence:
(h)
section 131(3) (indecent act on dependent family member under 18), but only if the victim of the offence was under the age of 16 at the time of the offence:
(i)
section 131B(1) (meeting young person under 16 following sexual grooming, etc):
(j)
section 132(1) (sexual connection with child under 12):
(k)
section 132(2) (attempted sexual connection with child under 12):
(l)
section 132(3) (indecent act on child under 12):
(m)
section 134(1) (sexual connection with young person under 16):
(n)
section 134(2) (attempted sexual connection with young person under 16):
(o)
section 134(3) (indecent act on young person under 16):
(p)
section 138(1) (exploitative sexual connection with person with significant impairment):
(q)
section 138(2) (attempted exploitative sexual connection with person with significant impairment):
(r)
section 138(4) (indecent act on person with significant impairment):
(s)
section 139 (indecent act between woman and girl):
(t)
section 140 (indecency with boy under 12):
(u)
section 140A (indecency with boy between 12 and 16):
(v)
section 142 (anal intercourse):
(w)
section 144A (sexual conduct with children and young people outside New Zealand):
(x)
section 144C (organising or promoting child sex tours):
(y)
section 208 (abduction for purposes of marriage or sexual connection), but only if the offence involved a young person under the age of 16 and an intention to have sexual connection with the person:
(z)
section 210 (abduction of young person under 16), but only if the offence involved an intention to have sexual connection with the person.
(2A)
An offence is also a relevant offence if—
(a)
it is equivalent to an offence against any of the sections of the Crimes Act 1961 referred to in subsection (2); but
(b)
was committed against a provision of the Crimes Act 1961 that has been repealed.
(2B)
For the purposes of subsection (2A),—
(a)
an offence against the former section 133 of the Crimes Act 1961 (indecency with girl under 12) is equivalent to an offence against section 132(3) of that Act (indecent act on child under 12):
(b)
an offence against the former section 139 of the Crimes Act 1961 (indecent act between woman and girl) is equivalent to an offence against section 134(3) of that Act (indecent act on young person under 16):
(c)
an offence against the former section 140 of the Crimes Act 1961 (indecency with boy under 12) is equivalent to an offence against section 132(3) of that Act (indecent act on child under 12):
(d)
an offence against the former section 140A of the Crimes Act 1961 (indecency with boy between 12 and 16) is equivalent to an offence against section 134(3) of that Act (indecent act on young person under 16):
(e)
an offence against the former section 142 of the Crimes Act 1961 (anal intercourse)
(i)
if the person upon whom the act of anal intercourse was committed was under the age of 12 years when the act was committed, is equivalent to an offence against section 132(1) of that Act (sexual connection with child under 12); and
(ii)
if the person upon whom the act of anal intercourse was committed was of or over the age of 12 years when the act was committed, is equivalent to an offence against section 134(1) of that Act (sexual connection with young person under 16).
Omit from section 185B(1)(d) the words “inducing sexual connection by coercion”
and substitute the words “sexual connection with consent induced by certain threats”
.
Omit from Part 1 of Schedule 1 the items relating to sections 130 to 142 of the Crimes Act 1961 and substitute:
130(2) | Incest |
131(1) | Sexual connection with dependent family member |
131(2) | Attempted sexual connection with dependent family member |
131(3) | Indecent act with dependent family member |
131B(1) | Meeting young person under 16 following sexual grooming, etc |
132(2) | Attempted sexual connection with child under 12 |
132(3) | Indecent act on child under 12 |
134(1) | Sexual connection with young person under 16 |
134(2) | Attempted sexual connection with young person under 16 |
134(3) | Indecent act on young person under 16 |
135(1) | Indecent assault |
138(1) | Exploitative sexual connection with person with significant impairment |
138(2) | Attempted exploitative sexual connection with person with significant impairment |
138(4) | Exploitative indecent act with person with significant impairment |
Schedule 1: amended, on 17 August 2011, pursuant to section 8(2) of the Adoption Amendment Act 2011 (2011 No 60).
Schedule 1: amended, on 17 August 2011, pursuant to section 8(3) of the Adoption Amendment Act 2011 (2011 No 60).