Version as at 6 November 2021 Crimes Act 1961 Part 5 s 78A official information has the meaning given to it by section 78A(2). Section 78AA: inserted, on 28 September 2017, by section 254 of the Intelligence and Security Act 2017 (2017 No 10). 78A Wrongful communication, retention, or copying of official information (1) Every one is liable to imprisonment for a term not exceeding 3 years who, being a person who owes allegiance to the Sovereign in right of New Zealand, within or outside New Zealand,— (a) knowingly or recklessly, and with knowledge that he or she is acting without proper authority, communicates any official information or delivers any object to any other person knowing that such communica‐ tion or delivery is likely to prejudice the security or defence of New Zea‐ land; or (b) with intent to prejudice the security or defence of New Zealand, retains or copies any official document— (c) (2) (i) which he or she knows he or she does not have proper authority to retain or copy; and (ii) which he or she knows relates to the security or defence of New Zealand; and (iii) which would, by its unauthorised disclosure, be likely to prejudice the security or defence of New Zealand; or knowingly fails to comply with any directions issued by a lawful author‐ ity for the return of an official document— (i) which is in his or her possession or under his or her control; and (ii) which he or she knows relates to the security or defence of New Zealand; and (iii) which would, by its unauthorised disclosure, be likely to prejudice seriously the security or defence of New Zealand. In this section,— department means a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975 object means any object which— (a) a department; or (b) a Minister of the Crown in his or her official capacity; or (c) an organisation; or (d) an officer or employee of any department or organisation in his or her capacity as such an officer or employee or in his or her capacity as a stat‐ utory officer; or (e) an independent contractor engaged by any department or Minister of the Crown or organisation in his or her capacity as such contractor; or 59