Crimes Act 1961

• Jurisdiction: New Zealand
• Coming into Force: 13 April 2023
• Reference: 1961 No 43
• Citation: 1961 No 43
• Year: 1961
• Record Number: DLM327381
• Act Number: 43
• Type of Document: Act

Contenidos

• Crimes Act 1961
• Preamble
• Contents
• 1 Short Title, commencement, etc
• 2 Interpretation
• 3 Meaning of convicted on indictment
• 4 Meaning of ordinarily resident in New Zealand
• 4A Transitional, savings, and related provisions
• Part 1
• 5 Application of Act
• 6 Persons not to be tried in respect of things done outside New Zealand
• 7 Place of commission of offence
• 7A Extraterritorial jurisdiction in respect of certain offences with transnational aspects
• 7B Attorney-General's consent required where jurisdiction claimed under section 7A
• 8 Jurisdiction in respect of crimes on ships or aircraft beyond New Zealand
• 8A Jurisdiction in respect of certain persons with diplomatic or consular immunity
• 9 Offences not to be punishable except under New Zealand Acts
• 10 Offence under more than 1 enactment
• 10A Criminal enactments not to have retrospective effect
• 10B Period of limitation
• 11 Construction of other Acts
• 12 Summary jurisdiction
• Part 2
• 13 Powers of courts under other Acts not affected
• 14 Form of sentence in capital cases
• 15 Sentence of death not to be passed on pregnant woman
• 16 Sentence of death not to be passed on person under 18 years of age
• 17 No sentence of solitary confinement to be passed
• 18 Putting under bond
• 19 Enforcement of fines by High Court
• Part 3
• 20 General rule as to justifications
• 21 Children under 10
• 22 Children between 10 and 14
• 23 Insanity
• 24 Compulsion
• 25 Ignorance of law
• 26 Execution of sentence, process, or warrant
• 27 Execution of erroneous sentence or process
• 28 Sentence or process without jurisdiction
• 29 Irregular warrant or process
• 30 Arresting the wrong person
• 31 Arrest by constable pursuant to statutory powers
• 32 Arrest by constable of person believed to have committed offence
• 33 Arrest by other officers or persons pursuant to statutory powers
• 34 Persons assisting constable or officer in arrest
• 35 Arrest of persons found committing certain crimes
• 36 Arrest of person believed to be committing crime by night
• 37 Arrest after commission of certain crimes
• 38 Arrest during flight
• 39 Force used in executing process or in arrest
• 40 Preventing escape or rescue
• 41 Prevention of suicide or certain offences
• 42 Preventing breach of the peace
• 43 Suppression of riot
• 44 Suppression of riot by Police
• 45 Suppression of riot by persons acting under lawful orders
• 46 Suppression of riot by persons without orders
• 47 Protection of members of New Zealand forces
• 48 Self-defence and defence of another
• 49 Self-defence against provoked assault
• 50 Provocation defined
• 51 Defence of person under protection
• 52 Defence of movable property against trespasser
• 53 Defence of movable property with claim of right
• 54 Defence of movable property without claim of right
• 55 Defence of dwellinghouse
• 56 Defence of land or building
• 57 Assertion of right to land or building
• 58 Exercise of right of way, etc
• 59 Parental control
• 60 Discipline on ship or aircraft
• 61 Surgical operations
• 61A Further provisions relating to surgical operations
• 62 Excess of force
• 63 Consent to death
• 64 Obedience to de facto law
• 65 Other enactments not affected
• Part 4
• 66 Parties to offences
• 67 Conspiracy between spouses or civil union partners
• 68 Party to murder outside New Zealand
• 69 Party to any other crime outside New Zealand
• 70 Offence committed other than offence intended
• 71 Accessory after the fact
• 72 Attempts
• Part 5
• 73 Treason
• 74 Punishment for treason or attempted treason
• 75 Evidence of treason
• 76 Punishment for being party to treason
• 77 Inciting to mutiny
• 78 Espionage
• 78AA Wrongful communication, retention, or copying of classified information
• 78A Wrongful communication, retention, or copying of official information
• 78B Consent of Attorney-General to proceedings in relation to espionage or wrongful communication, retention, or copying of classified information or official information
• 78C Questions of law in relation to espionage or wrongful communication of information
• 78D Search without warrant
• 79 Sabotage
• 80 Oath to commit offence
• 81 Seditious offences defined
• 82 Seditious conspiracy
• 83 Seditious statements
• 84 Publication of seditious documents
• 85 Use of apparatus for making seditious documents or statements
• 86 Unlawful assembly
• 87 Riot
• 88 Reading the Riot Act
• 89 Failure of rioters to disperse
• 90 Riotous damage
• 91 Forcible entry and detainer
• 92 Piracy
• 93 Piratical acts
• 94 Punishment of piratical acts