Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes against personal privacy - Intimate visual recordings

216L: Disposal and forfeiture

You could also call this:

“The court can order the destruction of illegal recordings and the seizure of equipment used to make them.”

If someone is found guilty of making, sharing, or keeping intimate visual recordings without permission, the court can do a few things. They can order that the recording be destroyed within 10 working days. During this time, the recording will be kept safe and not accessible.

The court can also take away any equipment or things that were used to commit the crime. These items will belong to the government, and the Minister of Justice will decide what to do with them.

Before the court makes these decisions, they will let the person who was found guilty speak. They will also let anyone else who might be affected by the decision have their say.

If the court thinks the recording or the equipment should go to someone other than the person who was found guilty, they can make that happen.

These rules apply to crimes described in section 216H, section 216I, and section 216J of the law.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329877.

Topics:
Crime and justice > Criminal law
Crime and justice > Courts and legal help
Previous

216K: Exceptions to prohibition in section 216J, or

“Rules about when it's okay to share private pictures or videos of someone”

Next

216M: Effect of appeal on order made under section 216L, or

“What happens to a court order about private filming when someone appeals their conviction”

Part 9A Crimes against personal privacy
Intimate visual recordings

216LDisposal and forfeiture

  1. Where any person is convicted of an offence against section 216H or section 216I or section 216J, the court may, in addition to or instead of passing any other sentence or making any other order in respect of the offence, order that the intimate visual recording be destroyed within 10 working days from the making of the order, and that the recording in the meantime be impounded.

  2. Where any person is convicted of an offence against section 216H or section 216I or section 216J, the court may, in addition to or instead of passing any other sentence or making any other order in respect of the offence, order that any equipment, goods, or other thing used in respect of the commission of the offence be forfeited to the Crown; and anything so forfeited must be sold, destroyed, or otherwise disposed of as the Minister of Justice directs.

  3. Before making an order under subsection (1) or subsection (2), the court must give the following persons an opportunity to be heard:

  4. the person convicted; and
    1. any other person who, in the opinion of the court, would be directly affected by the making of the order.

      1. If the court is satisfied that the intimate visual recording that was the subject of the prosecution, or any equipment, goods, or other thing used in respect of the commission of the offence, should be delivered to a person other than the person convicted, it may so order.

      Notes
      • Section 216L: inserted, on , by section 4 of the Crimes (Intimate Covert Filming) Amendment Act 2006 (2006 No 75).