Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Jurisdiction

8: Jurisdiction in respect of crimes on ships or aircraft beyond New Zealand

You could also call this:

“New Zealand law applies to certain crimes committed on ships or planes outside the country”

This law applies to things you do or don’t do outside of New Zealand in certain situations. It covers actions on Commonwealth ships, New Zealand aircraft, and some foreign ships and aircraft. If you’re a New Zealand citizen or usually live in New Zealand, it can apply to your actions on any aircraft.

If you do something that would be a serious crime in New Zealand (punishable by two or more years in prison), you can be charged as if you did it in New Zealand. However, you can defend yourself if what you did wasn’t a crime in your own country.

The law also covers actions by people who work on Commonwealth ships, even when they’re on land in another country. It treats Ireland and Irish citizens the same way as Commonwealth countries and citizens.

There are some exceptions to this law. It doesn’t apply to certain offences related to maritime transport or civil aviation. The law also refers to section 400 for more details.

In this law, “British subject” includes people protected by British nationality laws.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328038.

Topics:
Crime and justice > Criminal law
Transport and travel > Air travel
Transport and travel > Boating
Previous

7B: Attorney-General's consent required where jurisdiction claimed under section 7A, or

“ You need the top lawyer's okay to take someone to court for certain crimes if they're not in New Zealand ”

Next

8A: Jurisdiction in respect of certain persons with diplomatic or consular immunity, or

“ New Zealand can prosecute certain diplomatic staff for serious crimes committed overseas ”

Part 1 Jurisdiction

8Jurisdiction in respect of crimes on ships or aircraft beyond New Zealand

  1. This section applies to any act done or omitted beyond New Zealand by any person—

  2. on board any Commonwealth ship; or
    1. on board any New Zealand aircraft; or
      1. on board any ship or aircraft, if that person arrives in New Zealand on that ship or aircraft in the course or at the end of a journey during which the act was done or omitted; or
        1. being a British subject, on board any foreign ship (not being a ship to which he or she belongs) on the high seas, or on board any such ship within the territorial waters of any Commonwealth country; or
          1. being a New Zealand citizen or a person ordinarily resident in New Zealand, on board any aircraft:

              1. provided that paragraph (c) shall not apply where the act was done or omitted by a person, not being a British subject, on any ship or aircraft for the time being used as a ship or aircraft of any of the armed forces of a country that is not a Commonwealth country.

            1. If a person does or omits to do any act to which this section applies, and that act or omission would, if it occurred within New Zealand, be an offence, under this Act or any other enactment (whether that enactment was passed before or after the commencement of this Act), punishable by imprisonment for life or by 2 or more years' imprisonment, then, subject to the provisions of this Act and that other enactment, the person is liable on conviction as if the act or omission had occurred in New Zealand.

            2. If any proceedings are taken by virtue of the jurisdiction conferred by this section, it is a defence to prove that the act or omission would not have been an offence under the law of the country of which the person charged was a national or citizen at the time of the act or omission, if it had occurred in that country.

            3. Where at any place beyond New Zealand any person who belongs, or within 3 months previously has belonged, to any Commonwealth ship does or omits any act, whether on shore or afloat, not being an act or omission to which subsection (1) applies, and that act or omission would, if it occurred within New Zealand, be an offence punishable by imprisonment for life or by 2 or more years' imprisonment, then this section shall apply in respect of that act or omission in the same manner in all respects as if it had occurred on board a Commonwealth ship.

            4. The provisions of this section shall have the same operation in relation to the Republic of Ireland and to the citizens thereof, and to ships registered therein or belonging thereto, and to persons who belong or have belonged to those ships, and to all other persons on board those ships, as if the Republic of Ireland were a Commonwealth country and as if the citizens thereof were British subjects.

            5. This section shall be read subject to the provisions of section 400.

            6. In this section, the expression British subject includes a British protected person within the meaning of the British Nationality and Citizenship Act 1948.

            7. Nothing in this section shall apply with respect to any offence against the Maritime Transport Act 1994 or Part 5A of the Civil Aviation Act 1990.

            Compare
            • 1908 No 32 s 4A(2)
            • 1948 No 77 s 8
            • 1953 No 120 ss 2, 3, 4, 6
            Notes
            • Section 8(2): replaced, on , by section 4(1) of the Crimes Amendment Act 2013 (2013 No 27).
            • Section 8(2A): inserted, on , by section 4(1) of the Crimes Amendment Act 2013 (2013 No 27).
            • Section 8(3): amended, on , by section 4(2) of the Crimes Amendment Act 2013 (2013 No 27).
            • Section 8(7): amended, on , by section 4(3) of the Crimes Amendment Act 2013 (2013 No 27).
            • Section 8(7): amended, on , by section 41(3) of the Civil Aviation Amendment Act 2004 (2004 No 8).
            • Section 8(7): amended, on , pursuant to section 202(1) of the Maritime Transport Act 1994 (1994 No 104).