Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Parties to the commission of offences

66: Parties to offences

You could also call this:

“People who help or encourage others to do bad things can get in trouble too, just like the person who actually does the bad thing.”

You can be considered a party to and guilty of an offence in several ways. You are a party to an offence if you actually commit the offence yourself. You are also a party if you do something or choose not to do something to help someone else commit the offence. If you encourage or support someone in committing an offence, you are a party to it. You are also a party if you urge, advise, or convince someone to commit an offence.

When two or more people agree to do something illegal together and help each other, each person is considered a party to any offence committed by any of them. This applies if they knew that the offence was likely to happen as part of their illegal plan.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328506.

Topics:
Crime and justice > Criminal law
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65: Other enactments not affected, or

“This law doesn't change other laws that let people be arrested or stopped.”

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67: Conspiracy between spouses or civil union partners, or

“A married couple or civil union partners can be charged with planning a crime together or with others.”

Part 4 Parties to the commission of offences

66Parties to offences

  1. Every one is a party to and guilty of an offence who—

  2. actually commits the offence; or
    1. does or omits an act for the purpose of aiding any person to commit the offence; or
      1. abets any person in the commission of the offence; or
        1. incites, counsels, or procures any person to commit the offence.

          1. Where 2 or more persons form a common intention to prosecute any unlawful purpose, and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of the common purpose if the commission of that offence was known to be a probable consequence of the prosecution of the common purpose.

          Compare
          • 1908 No 32 s 90