Version as at 6 November 2021 Crimes Act 1961 Part 1 s 8A Section 8(2): replaced, on 1 July 2013, by section 4(1) of the Crimes Amendment Act 2013 (2013 No 27). Section 8(2A): inserted, on 1 July 2013, by section 4(1) of the Crimes Amendment Act 2013 (2013 No 27). Section 8(3): amended, on 1 July 2013, by section 4(2) of the Crimes Amendment Act 2013 (2013 No 27). Section 8(7): amended, on 1 July 2013, by section 4(3) of the Crimes Amendment Act 2013 (2013 No 27). Section 8(7): amended, on 1 June 2004, by section 41(3) of the Civil Aviation Amendment Act 2004 (2004 No 8). Section 8(7): amended, on 1 February 1995, pursuant to section 202(1) of the Maritime Transport Act 1994 (1994 No 104). 8A Jurisdiction in respect of certain persons with diplomatic or consular immunity (1) This section applies to every person who is— (2) (a) a head of mission or head of post within the meaning of the Foreign Affairs Act 1988; or (b) a person who is on overseas service pursuant to section 6 of the Foreign Affairs Act 1988; or (c) a New Zealand citizen ordinarily resident in New Zealand and who is— (i) a member of the family of a person described in paragraph (a) or paragraph (b); or (ii) a member of the staff of a New Zealand overseas post or a New Zealand overseas mission, whether or not an officer or employee of the Ministry of Foreign Affairs and Trade or a person employed under section 10 of the Foreign Affairs Act 1988; or (iii) an officer or employee of the State services (as defined in section 5 of the Public Service Act 2020), or of New Zealand Trade and Enterprise (as established by the New Zealand Trade and Enter‐ prise Act 2003), who is serving in a New Zealand overseas post or a New Zealand overseas mission. Where— (a) any person to whom this section applies does, or omits to do, any act outside New Zealand (whether or not the act or omission concerned con‐ stitutes an offence under the laws in force in the place where it took place) that, if done or omitted within New Zealand would constitute an offence punishable by imprisonment for 1 year or more; and (b) that person has immunity from criminal jurisdiction in the place where that act or omission took place; and (c) that immunity has not been waived (otherwise than to any extent neces‐ sary to enable the extradition of that person),— 33