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68: Party to murder outside New Zealand
or “You could get in trouble for helping someone plan a murder in another country.”
You could also call this:

“You can get in trouble for helping someone do a crime in another country, even if you're in New Zealand.”

If you help someone in New Zealand to do something illegal in another country, you can get in trouble. This is true even if the person you’re helping isn’t from New Zealand.

If you help someone commit treason, encourage soldiers to disobey orders, or spy on New Zealand, you could go to jail for up to 14 years. These crimes are explained in sections 73, 77, and 78 of the law.

You can also get in trouble if you try to get someone to do these things, even if they don’t actually do them. In this case, you could go to jail for up to 10 years.

For other serious crimes that would get you at least 2 years in jail if done in New Zealand, you can be punished if you help someone do them in another country. The punishment would be the same as if the crime happened in New Zealand, or 7 years in jail, whichever is less. However, you won’t be in trouble if what you helped with isn’t against the law in the country where it happened.

You usually can’t be punished for trying to get someone to do something illegal in another country if they don’t actually do it.

This law doesn’t change sections 9 to 11 of another law called the International Crimes and International Criminal Court Act 2000.

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Next up: 70: Offence committed other than offence intended

or “When someone encourages another person to do a crime, they can be held responsible even if the crime happens differently than planned.”
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Part 4 Parties to the commission of offences

69Party to any other crime outside New Zealand

  1. Every one is liable to imprisonment for a term not exceeding 14 years who, in New Zealand, aids, incites, counsels, or procures the doing or omission outside New Zealand, by any person not owing allegiance to the Sovereign in right of New Zealand, of any act which, if done or omitted outside New Zealand by a person owing such allegiance, would be any of the crimes of treason, inciting to mutiny, or espionage, as specified in sections 73, 77, and 78.

  2. Every one is liable to imprisonment for a term not exceeding 10 years who, in New Zealand, incites, counsels, or attempts to procure the doing or omission outside New Zealand of any act which, if done or omitted in New Zealand, would be any such crime as aforesaid, when that act is not in fact done or omitted.

  3. Every one who, in New Zealand, aids, incites, counsels, or procures the doing or omission outside New Zealand of any act (not being an act to which the foregoing provisions of this section apply) which, if done or omitted in New Zealand, would be an offence other than murder punishable by imprisonment for life or by 2 or more years' imprisonment, is liable to imprisonment for a term not exceeding that prescribed for the offence, or 7 years, whichever is the less:

    provided that it shall be a defence to a charge under this subsection to prove that the doing or omission of the act to which the charge relates was not an offence under the law of the place where it was, or was to be, done or omitted.

  4. Except as otherwise provided in this Act, no one shall be convicted of inciting, counselling, or attempting to procure in New Zealand the doing or omission of an act outside New Zealand when that act is not in fact done or omitted.

  5. Nothing in this section limits or affects sections 9 to 11 of the International Crimes and International Criminal Court Act 2000.

Notes
  • Section 69(1): amended, on , by section 2(2) of the Crimes Amendment Act (No 2) 1982 (1982 No 157).
  • Section 69(3): amended, on , by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).
  • Section 69(5): inserted, on , by section 181(2) of the International Crimes and International Criminal Court Act 2000 (2000 No 26).