Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes against public order - Participation in organised criminal group

98A: Participation in organised criminal group

You could also call this:

“Taking part in a group that plans to do illegal things for money or violence”

You can get in trouble if you take part in an organised criminal group. This means being part of a group of three or more people who work together to do bad things. You might go to jail for up to 10 years if you do this.

To be part of an organised criminal group, you need to know that the group has certain goals. These goals can be making money from crimes that could put someone in jail for 4 years or more, or doing very violent crimes. The group might do these things in New Zealand or in other countries.

You don’t have to share the same goals as the group to get in trouble. But you need to know that what you’re doing helps the group commit crimes or achieve its goals. Even if you’re not sure but think it might help, you can still get in trouble.

An organised criminal group can change over time. Some people in the group might be the bosses and others might work for them. Not everyone in the group has to be involved in every crime or plan. The group can still be called an organised criminal group even if people join or leave.

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 It might be out of date or be missing some parts.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=DLM328596.

Topics:
Crime and justice > Criminal law
Previous

98AA: Dealing in people under 18 for sexual exploitation, removal of body parts, or engagement in forced labour, or

“This law punishes people who use children under 18 for sex, body parts, or forced work.”

Next

98B: Terms used in sections 98C to 98F, or

“This section explains important words used in laws about smuggling and moving people illegally.”

Part 5 Crimes against public order
Participation in organised criminal group

98AParticipation in organised criminal group

  1. Every person commits an offence and is liable to imprisonment for a term not exceeding 10 years who participates in an organised criminal group—

  2. knowing that 3 or more people share any 1 or more of the objectives (the particular objective or particular objectives) described in paragraphs (a) to (d) of subsection (2) (whether or not the person himself or herself shares the particular objective or particular objectives); and
    1. either knowing that his or her conduct contributes, or being reckless as to whether his or her conduct may contribute, to the occurrence of any criminal activity; and
      1. either knowing that the criminal activity contributes, or being reckless as to whether the criminal activity may contribute, to achieving the particular objective or particular objectives of the organised criminal group.

        1. For the purposes of this Act, a group is an organised criminal group if it is a group of 3 or more people who have as their objective or one of their objectives—

        2. obtaining material benefits from the commission of offences that are punishable by imprisonment for a term of 4 years or more; or
          1. obtaining material benefits from conduct outside New Zealand that, if it occurred in New Zealand, would constitute the commission of offences that are punishable by imprisonment for a term of 4 years or more; or
            1. the commission of serious violent offences; or
              1. conduct outside New Zealand that, if it occurred in New Zealand, would constitute the commission of serious violent offences.

                1. A group of people is capable of being an organised criminal group for the purposes of this Act whether or not—

                2. some of them are subordinates or employees of others; or
                  1. only some of the people involved in it at a particular time are involved in the planning, arrangement, or execution at that time of any particular action, activity, or transaction; or
                    1. its membership changes from time to time.

                      Notes
                      • Section 98A: replaced, on , by section 5 of the Crimes Amendment Act 2002 (2002 No 20).
                      • Section 98A(1): replaced, on , by section 5(1) of the Crimes Amendment Act 2009 (2009 No 47).
                      • Section 98A(2)(c): amended, on , by section 325(5) of the Search and Surveillance Act 2012 (2012 No 24).
                      • Section 98A(2)(c): amended, on , by section 5(2) of the Crimes Amendment Act 2009 (2009 No 47).
                      • Section 98A(2)(d): amended, on , by section 325(5) of the Search and Surveillance Act 2012 (2012 No 24).
                      • Section 98A(2)(d): amended, on , by section 5(2) of the Crimes Amendment Act 2009 (2009 No 47).