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Films, Videos, and Publications Classification Act 1993

Offences - Miscellaneous provisions

145A: Extraterritorial jurisdiction for certain offences as required by Optional Protocol

You could also call this:

"New Zealand can charge you with a crime even if it happened overseas, especially for child pornography offences"

Illustration for Films, Videos, and Publications Classification Act 1993

You can be charged with a crime in New Zealand for certain offences, even if they happened outside the country. This applies to crimes that involve child pornography. Child pornography means pictures or videos of people under 18 years old doing sexual things. You can be charged if you are found in New Zealand and have not been sent to another country to face charges. This law does not change how other laws apply to crimes that happened in New Zealand. It also does not change how laws apply to crimes that are deemed to have happened in New Zealand under the Crimes Act 1961, which you can find at the New Zealand legislation website, or to crimes that happened outside New Zealand but are covered by section 8 or section 8A of that Act. Certain laws, such as section 124(1), section 127(4), section 129(3), section 131A(1), and section 390 of the Customs and Excise Act 2018, apply to these crimes. The Optional Protocol is an agreement made by the United Nations to stop child pornography. You can be charged with a relevant offence if you have been found in New Zealand and have not been extradited because you are a New Zealand citizen.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM314196.

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Crime and justice > Criminal lawCrime and justice > Police and safety
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"The Police Commissioner can give some of their jobs to others."

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145B: Attorney-General's consent required where jurisdiction claimed under section 145A, or

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Part 8Offences
Miscellaneous provisions

145AExtraterritorial jurisdiction for certain offences as required by Optional Protocol

  1. In this section and sections 145B and 145C,—

    child pornography means—

    1. a representation, by any means, of a person who is or appears to be under 18 years of age engaged in real or simulated explicit sexual activities; or
      1. a representation of the sexual parts of a person of that kind for primarily sexual purposes

        Optional Protocol means the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, adopted by the General Assembly of the United Nations at New York on 25 May 2000

          relevant offence means an offence against—

          1. section 124(1); or
            1. section 127(4); or
              1. section 129(3); or
                1. section 131A(1); or
                  1. section 390 of the Customs and Excise Act 2018.

                  2. Even if the acts or omissions alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for a relevant offence that involves child pornography if the person to be charged—

                  3. has been found in New Zealand; and
                    1. has not been extradited on the grounds that he or she is a New Zealand citizen.

                      1. This section does not affect the application of any section referred to in paragraphs (a) to (e) of the definition of relevant offence in subsection (1) in respect of—

                      2. acts that occurred wholly within New Zealand; or
                        1. an offence that, under section 7 of the Crimes Act 1961, is deemed to be committed in New Zealand; or
                          1. acts to which section 8 of that Act applies; or
                            1. acts that, under section 8A of that Act, are deemed to have taken place within New Zealand.

                              Notes
                              • Section 145A: inserted, on , by section 34(1) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).
                              • Section 145A(1) relevant offence paragraph (e): replaced, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).