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:

“Sharing secret information that could harm New Zealand's safety is against the law.”

If you owe allegiance to New Zealand, you could go to prison for up to 14 years if you do certain things that might harm New Zealand’s security or defence. This applies whether you are in New Zealand or not.

You could get in trouble if you give information or objects to another country, organisation, or someone working for them, intending to harm New Zealand’s security or defence.

You could also get in trouble if you collect information, copy documents, get objects, make sketches or notes, take photos, record sounds or images, or give objects to someone else. This is if you plan to share these things with another country, organisation, or someone working for them, and you mean to harm New Zealand’s security or defence.

It’s important to know that for these actions to be considered a crime, they must be likely to actually harm New Zealand’s security or defence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328526.

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Crime and justice > Criminal law
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“A law that punishes people who share, keep, or copy secret government information without permission”

Part 5 Crimes 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.

                  Notes
                  • Section 78: replaced, on , by section 2(1) of the Crimes Amendment Act (No 2) 1982 (1982 No 157).