2Interpretation

1. In this Act, unless the context otherwise requires,—

   aerodrome has the same meaning as in the Civil Aviation Act 1990

   aircraft has the same meaning as in the Civil Aviation Act 1990; and includes any aircraft for the time being used as an aircraft of any of the armed forces of any country other than New Zealand

   assault means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he or she has, present ability to effect his or her purpose; and to assault has a corresponding meaning

   claim of right, in relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed

   Commonwealth country means a country that is a member of the Commonwealth of Nations; and includes every territory for whose international relations the Government of any such country is responsible

   Commonwealth ship means a ship registered or required to be registered in any Commonwealth country, or recognised by the law of any Commonwealth country as a ship belonging to that country; and includes any ship for the time being used as a ship of any of the armed forces of any Commonwealth country

   constable has the meaning given in section 4 of the Policing Act 2008

   crime involving dishonesty means any of the crimes or offences described in—

   1. sections 100 to 105F:
   2. Part 10, except sections 267 to 272, 298A, and 298B:
   3. the Secret Commissions Act 1910

   criminally responsible means liable to punishment for an offence

   day, or daytime, means the interval between 6 o'clock in the morning of any day and 9 o'clock at night of the same day

   firearm has the same meaning as in the Arms Act 1983

   for a material benefit, in relation to doing a thing, means—

   1. after having obtained a material benefit for doing the thing; or
   2. intending to obtain a material benefit for doing the thing

   foreign ship means a ship that is not a Commonwealth ship

   genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female, or of indeterminate sex)

   to injure means to cause actual bodily harm

   Judge, in relation to the District Court, or District Court Judge means a Judge who holds a warrant under section 14 of the District Court Act 2016 to conduct jury trials

   justified, in relation to any person, means not guilty of an offence and not liable to any civil proceeding

   is liable means is liable on conviction

   medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

   New Zealand includes all waters within the outer limits of the territorial sea of New Zealand (as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977)

   New Zealand aircraft means any aircraft that is registered or required to be registered in New Zealand under the Civil Aviation Act 1990; and includes any aircraft for the time being used as an aircraft of the New Zealand forces

   New Zealand forces means the New Zealand Naval Forces, the New Zealand Army, and the Royal New Zealand Air Force

   New Zealand ship means a ship registered in New Zealand, or recognised by the law of New Zealand as a ship belonging to New Zealand; and includes any ship for the time being used as a ship of the New Zealand forces

   night, or night-time, means the interval between 9 o'clock at night and 6 o'clock in the following morning

   obtain a material benefit, in relation to doing a thing, means obtain, directly or indirectly, any goods, money, pecuniary advantage, privilege, property, or other valuable consideration of any kind for doing the thing (or taking an action that forms part of doing the thing)

   penis includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is male, female, or of indeterminate sex)

   person, owner, and other words and expressions of the like kind, include the Crown and any public body or local authority, and any board, society, or company, and any other body of persons, whether incorporated or not, and the inhabitants of the district of any local authority, in relation to such acts and things as it or they are capable of doing or owning

   prison manager means the manager of a prison

   property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest

   prosecutor means—

   1. a Crown Solicitor:
   2. in relation to a Crown prosecution, the Attorney-General:
   3. in relation to a private prosecution, the private prosecutor

   protected from criminal responsibility means not liable to any proceedings except a civil proceeding

   Registrar—

   1. for the purposes of Part 12, means any Registrar of the trial court; and includes any Deputy Registrar of that court:
   2. for any other purpose, means any Registrar of the High Court or of the District Court, as the case may require; and includes any Deputy Registrar

   serious violent offence means any offence—

   1. that is punishable by a period of imprisonment for a term of 7 years or more; and
   2. where the conduct constituting the offence involves—
      1. loss of a person's life or serious risk of loss of a person's life; or
      2. serious injury to a person or serious risk of serious injury to a person; or
      3. serious damage to property in circumstances endangering the physical safety of any person; or
      4. perverting the course of justice, where the purpose of the conduct is to prevent, seriously hinder, or seriously obstruct the detection, investigation, or prosecution of any offence—
         1. that is punishable by a period of imprisonment for a term of 7 years or more; and
         2. that involved, involves, or would involve conduct of the kind referred to in any of subparagraphs (i) to (iii)

   sexual connection means—

   1. connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of—
      1. a part of the body of another person; or
      2. an object held or manipulated by another person; or
   2. connection between the mouth or tongue of one person and a part of another person's genitalia or anus; or
   3. the continuation of connection of a kind described in paragraph (a) or paragraph (b)

   ship means every description of vessel used in navigation, however propelled; and includes any barge, lighter, dinghy, raft, or like vessel; and also includes any ship belonging to or used as a ship of the armed forces of any country

   Supreme Court means the Supreme Court of New Zealand established by section 66 of the Senior Courts Act 2016

   territorial waters, in relation to any country other than New Zealand, means such part of the sea adjacent to the coast of that country as is within the territorial sovereignty of that country; and includes ports, harbours, rivers, and other places in which at the commencement of this Act the Admiralty of England has jurisdiction (whether exclusive or not) in respect of offences of any kind committed on board Commonwealth ships

   unlawful act means a breach of any legislation

   vulnerable adult, for the purposes of sections 151, 195, and 195A, means a person unable, by reason of detention, age, sickness, mental impairment, or any other cause, to withdraw himself or herself from the care or charge of another person.

2. For the purposes of paragraph (a) of the definition in subsection (1) of sexual connection, introduction to the slightest degree is enough to effect a connection.

3. For the purposes of this Act, one person does an indecent act on another person whether he or she—

4. does an indecent act with or on the other person; or
5. induces or permits the other person to do an indecent act with or on him or her.

6. Repealed

Compare

• 1908 No 32 ss 2, 4A(1), 207, 237
• 1948 No 77 s 8
• 1950 No 83 s 2
• 1953 No 120 s 2(1)
• 1954 No 29 s 2

Notes

• Section 2(1) aerodrome: amended, on 1 September 1990, pursuant to section 101(1) of the Civil Aviation Act 1990 (1990 No 98).
• Section 2(1) aircraft: amended, on 1 September 1990, pursuant to section 101(1) of the Civil Aviation Act 1990 (1990 No 98).
• Section 2(1) claim of right: inserted, on 1 October 2003, by section 4(1) of the Crimes Amendment Act 2003 (2003 No 39).
• Section 2(1) claim of right: amended, on 19 March 2012, by section 4(2) of the Crimes Amendment Act (No 3) 2011 (2011 No 79).
• Section 2(1) colour of right: repealed, on 1 October 2003, by section 4(1) of the Crimes Amendment Act 2003 (2003 No 39).
• Section 2(1) constable: replaced, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
• Section 2(1) crime: repealed, on 1 July 2013, by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).
• Section 2(1) crime involving dishonesty: replaced, on 7 November 2015, by section 4 of the Crimes Amendment Act 2015 (2015 No 95).
• Section 2(1) depositions: repealed, on 1 July 2013, by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).
• Section 2(1) firearm: inserted, on 28 October 1986, by section 2 of the Crimes Amendment Act (No 2) 1986 (1986 No 71).
• Section 2(1) for a material benefit: inserted, on 20 May 2005, by section 3(1) of the Crimes Amendment Act 2005 (2005 No 41).
• Section 2(1) genitalia: inserted, on 20 May 2005, by section 3(1) of the Crimes Amendment Act 2005 (2005 No 41).
• Section 2(1) Judge: replaced, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
• Section 2(1) is liable: amended, on 1 July 2013, by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).
• Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
• Section 2(1) New Zealand: replaced, on 1 January 1966, by section 11 of the Territorial Sea and Fishing Zone Act 1965 (1965 No 11).
• Section 2(1) New Zealand: amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).
• Section 2(1) New Zealand: amended, on 1 October 1977, by section 33(1) of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 (1977 No 28).
• Section 2(1) New Zealand aircraft: amended, on 1 September 1990, pursuant to section 101(1) of the Civil Aviation Act 1990 (1990 No 98).
• Section 2(1) obtain a material benefit: inserted, on 18 June 2002, by section 3 of the Crimes Amendment Act 2002 (2002 No 20).
• Section 2(1) offence: repealed, on 1 July 2013, by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).
• Section 2(1) penis: inserted, on 20 May 2005, by section 3(1) of the Crimes Amendment Act 2005 (2005 No 41).
• Section 2(1) prison manager: inserted, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
• Section 2(1) property: amended, on 1 October 2003, by section 4(3) of the Crimes Amendment Act 2003 (2003 No 39).
• Section 2(1) prosecutor: inserted, on 1 March 1996, by section 2(1) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).
• Section 2(1) Registrar: replaced, on 1 March 1996, by section 2(2) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).
• Section 2(1) Registrar paragraph (b): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
• Section 2(1) serious violent offence: inserted, on 18 April 2012, by section 325(3) of the Search and Surveillance Act 2012 (2012 No 24).
• Section 2(1) sexual connection: inserted, on 20 May 2005, by section 3(1) of the Crimes Amendment Act 2005 (2005 No 41).
• Section 2(1) Superintendent: repealed, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
• Section 2(1) Supreme Court: inserted, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).
• Section 2(1) Supreme Court: amended, on 1 March 2017, by section 183(b) of the Senior Courts Act 2016 (2016 No 48).
• Section 2(1) territorial waters: amended, on 1 January 1966, by section 11 of the Territorial Sea and Fishing Zone Act 1965 (1965 No 11).
• Section 2(1) trial Judge: repealed, on 1 July 2013, by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).
• Section 2(1) unlawful act: inserted, on 19 March 2012, by section 4(1) of the Crimes Amendment Act (No 3) 2011 (2011 No 79).
• Section 2(1) unlawful act: amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
• Section 2(1) valuable security: repealed, on 1 October 2003, by section 4(4) of the Crimes Amendment Act 2003 (2003 No 39).
• Section 2(1) vulnerable adult: inserted, on 19 March 2012, by section 4(1) of the Crimes Amendment Act (No 3) 2011 (2011 No 79).
• Section 2(1A): inserted, on 20 May 2005, by section 3(2) of the Crimes Amendment Act 2005 (2005 No 41).
• Section 2(1B): inserted, on 20 May 2005, by section 3(2) of the Crimes Amendment Act 2005 (2005 No 41).
• Section 2(2): repealed, on 1 July 2013, by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).