Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes against public order - Treason and other crimes against the Sovereign and the State

78: Espionage

You could also call this:

"Helping another country with secrets that can hurt New Zealand is against the law"

Illustration for Crimes Act 1961

You can go to prison for up to 14 years if you give information to another country that might hurt New Zealand's security or defence. This can include talking to someone from another country or giving them something that might help them. You can also get in trouble if you collect or record information, copy documents, or take photos with the intention of giving them to another country. You might be wondering what kind of information is included - it's things like military tactics or secrets. The law says that 'information' can be about military plans or procedures. A 'document' is something that is explained in more detail in section 217. If you do something that might hurt New Zealand's security or defence, you could be in trouble. This includes giving information or objects to someone from another country, or collecting information with the intention of giving it to them. You could get in trouble even if you just make a sketch or take a photo with the intention of giving it to someone from another country.

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 It might be out of date or be missing some parts.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=DLM328526.

This page was last updated on — View changes

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
Previous

77: Inciting to mutiny, or

"Trying to get soldiers to disobey orders is a serious crime"

Next

78AAA: Improper conduct for or on behalf of foreign power to compromise protected New Zealand interest, or

"Don't help a foreign power hurt New Zealand on purpose"

Part 5Crimes against public order
Treason and other crimes against the Sovereign and the State

78Espionage

  1. Every one is liable to imprisonment for a term not exceeding 14 years who, being a person who owes allegiance to the Sovereign in right of New Zealand, within or outside New Zealand,—

  2. with intent to prejudice the security or defence of New Zealand, communicates information or delivers any object to a country or organisation outside New Zealand or to a person acting on behalf of any such country or organisation; or
    1. with intent to prejudice the security or defence of New Zealand and with the intention of communicating information or delivering any object to a country or organisation outside New Zealand or to a person acting on behalf of any such country or organisation,—
      1. collects or records any information; or
        1. copies any document; or
          1. obtains any object; or
            1. makes any sketch, plan, model, or note; or
              1. takes any photograph; or
                1. records any sound or image; or
                  1. delivers any object to any person,—
                    2. if the communication or delivery or intended communication or intended delivery under paragraph (a) or paragraph (b) is likely to prejudice the security or defence of New Zealand.

                  2. In this section,—

                    document has the meaning given in section 217

                      information includes information about military tactics, techniques, or procedures.

                      Notes
                      • Section 78: replaced, on , by section 2(1) of the Crimes Amendment Act (No 2) 1982 (1982 No 157).
                      • Section 78(2): inserted, on , by section 10 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).