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Camilla Belich

Crimes (Theft by Employer) Amendment Bill

Member’s Bill

245—3

	Key
1	Title
2	Commencement
3	Principal Act
3A	Section 2 amended (Interpretation)
4	New section 220AA inserted (Theft by employer)
	220AA	Theft by employer
5	~~Section 223 amended (Punishment of theft)~~
	Legislative history

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Crimes (Theft by Employer) Amendment Act 2022.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act

This Act amends the Crimes Act 1961.

3A Section 2 amended (Interpretation)

In section 2(1), definition of crime involving dishonesty, paragraph (b), before “267”, insert “220AA,”.

4 New section 220AA inserted (Theft by employer)

Before section 220A, insert:

220AA Theft by employer

(1)

This section applies to a person (A) who—

(a)

employs another person (B); and

(b)

is required to pay any money owed to B in relation to the employment under—

(i)

an employment agreement (whether or not the agreement is in writing); or

(ii)

an Act (for example, the Holidays Act 2003, the Minimum Wage Act 1983, or the Wages Protection Act 1983).

~~(2)~~

~~If A intentionally fails to pay the money to B, A commits theft and is liable,~~—

(a)

~~if A is an individual, to imprisonment for a term not exceeding 1 year, a fine not exceeding $5,000, or both:~~

(b)

~~in any other case, to a fine not exceeding $30,000.~~

(2)

A commits theft if A intentionally fails, without reasonable excuse, to pay the money to B.

(3)

In this section,—

employ, in relation to a homeworker, includes engage, and employment has a corresponding meaning

employment agreement has the same meaning as in section 5 of the Employment Relations Act 2000

homeworker has the same meaning as in section 5 of the Employment Relations Act 2000.

5 Section 223 amended (Punishment of theft)

~~In section 223, before “220A”, insert “220AA~~ ~~or”.~~

Legislative history

6 April 2023		Introduction (Bill 245–1)
30 August 2023		First reading and referral to Education and Workforce Committee
23 August 2024		Reported from Education and Workforce Committee
		(Bill 245–2)
16 October 2024		Second reading
19 February 2025		Committee of the whole House (Bill 245–3)

Crimes (Theft by Employer) Amendment Bill