Crimes Act 1961

Matters of justification or excuse - Compulsion

24: Compulsion

You could also call this:

"Not guilty if someone forces you to do something wrong"

Illustration for Crimes Act 1961

If you do something wrong because someone is threatening to hurt you badly or kill you, you might not be in trouble with the law. You must believe the threat is real and not be part of a group that is making you do it. There are some exceptions, like if you commit treason or espionage. If you are married or in a civil union, just because your spouse or partner is with you when you do something wrong, it does not mean you were forced to do it. You can still be in trouble with the law even if your spouse or partner was there. There are many exceptions to this rule, including if you commit murder or try to murder someone. You are not protected from the law if you do certain very serious crimes, like piracy or aggravated robbery. These crimes are so serious that you will still be in trouble with the law, even if someone was threatening you. The law is in place to protect everyone, and there are some things you just cannot do, no matter what.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328221.

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Part 3Matters of justification or excuse
Compulsion

24Compulsion

  1. Subject to the provisions of this section, a person who commits an offence under compulsion by threats of immediate death or grievous bodily harm from a person who is present when the offence is committed is protected from criminal responsibility if he or she believes that the threats will be carried out and if he or she is not a party to any association or conspiracy whereby he or she is subject to compulsion.

  2. Nothing in subsection (1) shall apply where the offence committed is an offence specified in any of the following provisions of this Act, namely:

  3. section 73 (Treason) or section 78 (Espionage):
    1. section 78AAA (Improper conduct for or on behalf of foreign power):
      1. section 79 (Sabotage):
        1. section 92 (Piracy):
          1. section 93 (Piratical acts):
            1. section 167 and 168 (murder):
              1. section 173 (Attempt to murder):
                1. section 188 (Wounding with intent):
                  1. subsection (1) of section 189 (injuring with intent to cause grievous bodily harm):
                    1. section 208 (abduction):
                      1. section 209 (Kidnapping):
                        1. section 234 (Robbery):
                            1. section 235 (Aggravated robbery):
                              1. section 267 (Arson).
                                1. Where a woman who is married or in a civil union commits an offence, the fact that her spouse or civil union partner was present at the commission of the offence does not of itself raise a presumption of compulsion.

                                Compare
                                • 1908 No 32 s 44
                                Notes
                                • Section 24(2): amended, on , by section 7(1) of the Crimes Amendment Act (No 3) 1985 (1985 No 160).
                                • Section 24(2)(aa): inserted, on , by section 7 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
                                • Section 24(2)(k): replaced, on , by section 5 of the Crimes Amendment Act 2003 (2003 No 39).
                                • Section 24(2)(ka): repealed, on , by section 5 of the Crimes Amendment Act 2003 (2003 No 39).
                                • Section 24(2)(l): replaced, on , by section 5 of the Crimes Amendment Act 2003 (2003 No 39).
                                • Section 24(2)(m): inserted, on , by section 5 of the Crimes Amendment Act 2003 (2003 No 39).
                                • Section 24(3): replaced, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
                                • Section 24(3): amended, on , by section 9 of the Marriage (Definition of Marriage) Amendment Act 2013 (2013 No 20).