Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes against the person - Abduction, kidnapping

210A: People claiming in good faith right to possession of young person under 16

You could also call this:

“You can't be found guilty of taking a child if you honestly thought you had the right to have them.”

If you claim in good faith that you have the right to have a young person under 16 years old with you, you cannot be found guilty of offences under section 209 or section 210 just because you get possession of the young person. This means that if you truly believe you have the right to have the young person with you, you won’t be convicted of these crimes for having them in your care.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329786.

Topics:
Crime and justice > Criminal law
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210: Abduction of young person under 16, or

“Taking or keeping a child under 16 away from their parent or caregiver without permission is against the law.”

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“This law used to explain what it means to say mean things about someone in writing or tell others about it, but it's not used anymore.”

Part 8 Crimes against the person
Abduction, kidnapping

210APeople claiming in good faith right to possession of young person under 16

  1. A person who claims in good faith a right to the possession of a young person under the age of 16 years cannot be convicted of an offence against section 209 or section 210 because he or she gets possession of the young person.

Notes
  • Section 210A: inserted, on , by section 9 of the Crimes Amendment Act 2005 (2005 No 41).