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New Zealand law explained for everyone

Crimes Act 1961

Crimes against the person - Assaults and injuries to the person

202A: Possession of offensive weapons or disabling substances

You could also call this:

"Having something to hurt people, like a knife, can get you in trouble with the law."

Illustration for Crimes Act 1961

If you have something that can hurt people, like a knife or a special weapon, you might get in trouble. This is called an offensive weapon, which is anything made or changed to hurt someone, or anything you plan to use to hurt someone. You can also get in trouble for having a disabling substance, which is something that can make people unable to move or feel things.

If you are in a public place with one of these things and you don't have a good reason, you could go to prison for up to 3 years. You could also get in trouble if you have one of these things in a place where it looks like you want to use it to hurt someone. But if you can prove you didn't plan to use it to hurt someone, that can be a defence.

It's also against the law to have one of these things if you plan to use it to hurt someone or make them scared. You should know what the law says about these things, so you can make good choices.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329710.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
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202: Setting traps, etc, or

"Hurting people with traps is against the law"

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202B: Powers in respect of crime against section 202A, or

"This law used to explain what the police could do when someone hurt another person, but it's not used anymore."

Part 8Crimes against the person
Assaults and injuries to the person

202APossession of offensive weapons or disabling substances

  1. In subsection (4)(a) offensive weapon means any article made or altered for use for causing bodily injury, or intended by the person having it with him or her for such use.

  2. In subsection (4)(b) offensive weapon means any article capable of being used for causing bodily injury.

  3. In this section disabling substance means any anaesthetising or other substance produced for use for disabling persons, or intended by any person having it with him or her for such use.

  4. Every one is liable to imprisonment for a term not exceeding 3 years—

  5. who, without lawful authority or reasonable excuse, has with him or her in any public place any knife or offensive weapon or disabling substance; or
    1. who has in his or her possession in any place any offensive weapon or disabling substance in circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence.

      1. It is a defence to a charge under subsection (4)(b) if the person charged proves that he or she did not intend to use the offensive weapon or disabling substance to commit an offence involving bodily injury or the threat or fear of violence.

      Compare
      • 1927 No 35 s 53A(1), (2), (8)–(10)
      • 1976 No 157 s4(1)
      Notes
      • Section 202A: inserted, on , by section 48(1) of the Summary Offences Act 1981 (1981 No 113).
      • Section 202A(4): amended, on , by section 8 of the Crimes Amendment Act (No 3) 2011 (2011 No 79).
      • Section 202A(4)(a): amended, on , by section 2(1) of the Crimes Amendment Act (No 2) 1987 (1987 No 167).