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Crimes Act 1961

Crimes against personal privacy

216D: Prohibition on dealing, etc, with interception devices

You could also call this:

“You can get in trouble for selling or giving someone a device that secretly listens to private conversations.”

You could go to prison for up to 2 years if you do any of these things with a device that can secretly listen to private conversations:

  1. Ask someone to buy it from you
  2. Try to sell or give it to someone
  3. Agree to sell or give it to someone, or actually sell or give it to them
  4. Have it with you because you want to sell or give it to someone

This applies if you know the main purpose of the device is to secretly listen to private conversations, or if you say it’s useful for that (even if you also say it’s useful for other things).

You can defend yourself against this charge if you can prove one of these things:

  1. You thought the person you were dealing with was a police officer, or someone from the New Zealand Security Intelligence Service or the Government Communications Security Bureau, doing their job.

  2. If you weren’t selling the device but giving it away, you can defend yourself if:

    • You gave it to someone for a court case or an investigation related to a court case, or
    • You’re a police officer or work for the New Zealand Security Intelligence Service or the Government Communications Security Bureau, and you gave the device to someone as part of your job for a legal reason.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329838.

Topics:
Crime and justice > Criminal law
Rights and equality > Privacy
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216C: Prohibition on disclosure of private communications unlawfully intercepted, or

“You can get in trouble for sharing private messages that were secretly recorded without permission.”

Next

216E: Forfeiture, or

“Taking away and giving to the government special listening tools used for secretly hearing private conversations”

Part 9A Crimes against personal privacy

216DProhibition on dealing, etc, with interception devices

  1. Every one is liable to imprisonment for a term not exceeding 2 years who—

  2. invites any other person to acquire from him or her; or
    1. offers or exposes for sale or supply to any other person; or
      1. agrees to sell or supply or sells or supplies to any other person; or
        1. has in his or her possession for the purpose of sale or supply to any other person,—
            1. any interception device—
            1. the sole or principal purpose of which he or she knows to be the surreptitious interception of private communications; or
              1. that he or she holds out as being useful for the surreptitious interception of private communications (whether or not he or she also holds it out as being useful for any other purpose).

              2. It is a defence to a charge under this section if the person charged proves either—

              3. that at the time he or she did any act referred to in any of paragraphs (a) to (d) of subsection (1) he or she believed that the other person referred to in the relevant paragraph was a constable, or an employee of the New Zealand Security Intelligence Service or the Government Communications Security Bureau, acting in the course of his or her official duties; or
                1. where the charge relates to the supply of an interception device otherwise than for valuable consideration, that—
                  1. he or she supplied the interception device to the other person referred to in paragraph (c) or paragraph (d) of subsection (1) for the purpose of any proceeding or of any investigation or examination preliminary or incidental to any proceeding; or
                    1. being a constable or an employee of the New Zealand Security Intelligence Service or the Government Communications Security Bureau, he or she supplied the interception device in the course of his or her official duties to the other person referred to in the said paragraph (c) or the said paragraph (d) for any lawful purpose.

                    Notes
                    • Section 216D: inserted, on , by section 2 of the Crimes Amendment Act 1979 (1979 No 5).
                    • Section 216D heading: amended, on , by section 12(a) of the Crimes Amendment Act 2003 (2003 No 39).
                    • Section 216D(1): amended, on , by section 12(b) of the Crimes Amendment Act 2003 (2003 No 39).
                    • Section 216D(2)(a): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                    • Section 216D(2)(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                    • Section 216D(2)(a): amended, on , by section 26(2) of the Government Communications Security Bureau Act 2003 (2003 No 9).
                    • Section 216D(2)(b): amended, on , by section 12(c) of the Crimes Amendment Act 2003 (2003 No 39).
                    • Section 216D(2)(b)(i): amended, on , by section 12(d) of the Crimes Amendment Act 2003 (2003 No 39).
                    • Section 216D(2)(b)(ii): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                    • Section 216D(2)(b)(ii): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                    • Section 216D(2)(b)(ii): amended, on , by section 12(d) of the Crimes Amendment Act 2003 (2003 No 39).
                    • Section 216D(2)(b)(ii): amended, on , by section 26(2) of the Government Communications Security Bureau Act 2003 (2003 No 9).