Part 5 s 78C Crimes Act 1961 Version as at 6 November 2021 78C Questions of law in relation to espionage or wrongful communication of information (1) It is a question of law, in the case of— (a) an offence against section 78 or section 78A(1)(a); or (b) the offence of conspiring to commit an offence against section 78 or sec‐ tion 78A(1)(a); or (c) the offence of attempting to commit an offence against section 78 or sec‐ tion 78A(1)(a),— whether the communication or delivery or intended communication or intended delivery was or would have been, at the time of the alleged offence, likely to have prejudiced the security or defence of New Zealand. (2) It is a question of law, in the case of,— (a) an offence against section 78A(1)(b) or (c); or (b) the offence of conspiring to commit an offence against section 78A(1)(b) or (c); or (c) the offence of attempting to commit an offence against section 78A(1)(b) or (c),— whether the document would, by its unauthorised disclosure at the time of the alleged offence, have been likely to have prejudiced or to have prejudiced ser‐ iously, as the case may require, the security or defence of New Zealand. (3) Where the decision on any question of law to which this section applies depends on any questions of fact, the prosecutor or the defendant may adduce, and the Judge may hear, in addition to the evidence heard by the jury, any evi‐ dence relevant to those questions of fact. Section 78C: inserted, on 1 July 1983, by section 2(1) of the Crimes Amendment Act (No 2) 1982 (1982 No 157). Section 78C(3): amended, on 1 July 2013, by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85). 78D Search without warrant [Repealed] Section 78D: repealed, on 1 October 2012, by section 325(4) of the Search and Surveillance Act 2012 (2012 No 24). 79 Sabotage (1) Every one is liable to imprisonment for a term not exceeding 10 years who, with intent to prejudice the safety, security, or defence of New Zealand or the safety or security of the armed forces of any other country, lawfully present in New Zealand,— 62