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Crimes Act 1961

Crimes against personal privacy

216A: Interpretation

You could also call this:

"Understanding special words used in the law about privacy and secret messages"

When you are talking about crimes against personal privacy, you need to understand some special words. The word "intercept" means to hear, listen to, record, or receive a private communication. This can happen while the communication is taking place or while it is being sent.

You also need to know what an "interception device" is. It is any tool that can be used to intercept a private communication, like a special kind of machine or equipment. However, it does not include things like hearing aids that help people hear better.

A "private communication" is when someone is talking or sending a message to someone else, and they want to keep it private. This means they do not want other people to hear or see what they are saying. It does not include times when someone should expect that others might hear or see what they are saying.

If you want to know more about what kinds of devices are exempt from these rules, you can look at the order made by the Governor-General, as mentioned in subsection (4), which is considered secondary legislation, see Part 3 of the Legislation Act 2019 for publication requirements. Any order that exempts a device from these rules will only last for two years.

When we talk about the people involved in a private communication, we are talking about the person who started the communication and the people they wanted to receive it. We are also talking about anyone who is allowed to intercept the communication with the permission of the people involved.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329804.

Topics:
Crime and justice > Criminal lawRights and equality > Privacy
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216B: Prohibition on use of interception devices, or

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Part 9ACrimes against personal privacy

216AInterpretation

  1. In this Part, unless the context otherwise requires,—

    intercept, in relation to a private communication, includes hear, listen to, record, monitor, acquire, or receive the communication either—

    1. while it is taking place; or
      1. while it is in transit

        interception device—

        1. means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept a private communication; but
          1. does not include—
            1. a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing; or
              1. a device exempted from the provisions of this Part by the Governor-General by Order in Council (see subsection (4)), either generally or in such places or circumstances or subject to such other conditions as may be specified in the order

              private communication—

              1. means a communication (whether in oral or written form or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but
                1. does not include such a communication occurring in circumstances in which any party ought reasonably to expect that the communication may be intercepted by some other person not having the express or implied consent of any party to do so.

                2. Any Order in Council exempting a device from the provisions of this Part expires 2 years after it is made.

                3. A reference in this Part to a party to a private communication is a reference to—

                4. any originator of the communication and any person intended by the originator to receive it; and
                  1. a person who, with the express or implied consent of any originator of the communication or any person intended by the originator to receive it, intercepts the communication.

                    1. An order under paragraph (b)(ii) of the definition of interception device in subsection (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                    Notes
                    • Section 216A: inserted, on , by section 2 of the Crimes Amendment Act 1979 (1979 No 5).
                    • Section 216A(1): replaced, on , by section 9 of the Crimes Amendment Act 2003 (2003 No 39).
                    • Section 216A(1) interception device paragraph (b)(ii): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                    • Section 216A(2): inserted, on , by section 9 of the Crimes Amendment Act 2003 (2003 No 39).
                    • Section 216A(3): renumbered, on , pursuant to section 9 of the Crimes Amendment Act 2003 (2003 No 39).
                    • Section 216A(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).