Plain language law

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:

“This law says you can get in trouble for having things that can hurt people, like weapons or sprays that make people pass out.”

In New Zealand, you’re not allowed to have certain objects in public or private places if they could hurt someone. These objects include weapons, knives, and substances that can make people unconscious.

If you’re in a public place, you can’t have a knife, a weapon, or something that could knock someone out unless you have a good reason or the law allows it.

You also can’t have a weapon or something that could knock someone out anywhere if it looks like you’re going to use it to hurt someone or scare them.

If you’re caught with these things, you could go to jail for up to 3 years.

If you’re charged with having a weapon or knockout substance that looks like you might use it to hurt or scare someone, you can defend yourself by proving you didn’t plan to use it that way.

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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 law
Crime and justice > Police and safety
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202: Setting traps, etc, or

“It's against the law to set up dangerous traps that could hurt people.”

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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 8 Crimes 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).