Part 4 s 69
Crimes Act 1961
Version as at
6 November 2021
an act outside New Zealand which, if done or omitted in New Zealand, would
be murder, when no such act is in fact done or omitted.
(3)
It is a defence to a charge under this section to prove that the doing or omission
of the act was not an offence under the law of the place where it was, or was to
be, done or omitted.
(4)
Nothing in this section limits or affects sections 9 to 11 of the International
Crimes and International Criminal Court Act 2000.
Compare: 1908 No 32 s 189(b)
Section 68(4): inserted, on 1 October 2000, by section 181(1) of the International Crimes and Inter‐
national Criminal Court Act 2000 (2000 No 26).
69
Party to any other crime outside New Zealand
(1)
Every one is liable to imprisonment for a term not exceeding 14 years who, in
New Zealand, aids, incites, counsels, or procures the doing or omission outside
New Zealand, by any person not owing allegiance to the Sovereign in right of
New Zealand, of any act which, if done or omitted outside New Zealand by a
person owing such allegiance, would be any of the crimes of treason, inciting
to mutiny, or espionage, as specified in sections 73, 77, and 78.
(2)
Every one is liable to imprisonment for a term not exceeding 10 years who, in
New Zealand, incites, counsels, or attempts to procure the doing or omission
outside New Zealand of any act which, if done or omitted in New Zealand,
would be any such crime as aforesaid, when that act is not in fact done or omit‐
ted.
(3)
Every one who, in New Zealand, aids, incites, counsels, or procures the doing
or omission outside New Zealand of any act (not being an act to which the
foregoing provisions of this section apply) which, if done or omitted in New
Zealand, would be an offence other than murder punishable by imprisonment
for life or by 2 or more years’ imprisonment, is liable to imprisonment for a
term not exceeding that prescribed for the offence, or 7 years, whichever is the
less:
provided that it shall be a defence to a charge under this subsection to prove
that the doing or omission of the act to which the charge relates was not an
offence under the law of the place where it was, or was to be, done or omitted.
(4)
Except as otherwise provided in this Act, no one shall be convicted of inciting,
counselling, or attempting to procure in New Zealand the doing or omission of
an act outside New Zealand when that act is not in fact done or omitted.
(5)
Nothing in this section limits or affects sections 9 to 11 of the International
Crimes and International Criminal Court Act 2000.
Section 69(1): amended, on 1 July 1983, by section 2(2) of the Crimes Amendment Act (No 2) 1982
(1982 No 157).
Section 69(3): amended, on 1 July 2013, by section 6 of the Crimes Amendment Act (No 4) 2011
(2011 No 85).
54