Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes against rights of property - Unlawful taking

218: Matters of ownership

You could also call this:

“Explains who can be considered an owner of property and what types of things can be stolen”

When it comes to theft, you’re considered the owner of property if you have it in your possession, control it, have any interest in it, or have the right to take possession or control of it. This means that even if you’re not the legal owner, you can still be a victim of theft if the property is stolen from you.

It’s important to know that you can be guilty of stealing from another owner of the same property. For example, if you share ownership of something with someone else, you could still be charged with theft if you take it without their permission.

Wild animals that aren’t usually found free in New Zealand can be stolen if they’re kept in confinement. This applies even if they escape from where they’re being held. Other wild animals can only be stolen while they’re confined or being chased after escaping.

An animal is considered confined if it’s in an enclosure that stops it from escaping, or if it’s secured in a way that lets the owner take it when they want to.

Shellfish can be stolen too, but only if they’re in oyster beds, marine farms, or fisheries that belong to someone and are clearly marked as their property.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329895.

Topics:
Crime and justice > Criminal law
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217: Interpretation, or

“This section explains important words and ideas used in the law about dishonesty and documents.”

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219: Theft or stealing, or

“Taking or using something that doesn't belong to you without permission, intending to keep it forever”

Part 10 Crimes against rights of property
Unlawful taking

218Matters of ownership

  1. For the purposes of this Part, a person is to be regarded as the owner of any property that is stolen if, at the time of the theft, that person has—

  2. possession or control of the property; or
    1. any interest in the property; or
      1. the right to take possession or control of the property.

        1. An owner of any property may be guilty of theft against another owner of that property.

        2. All living creatures wild by nature, such as are not commonly found in a condition of natural liberty in New Zealand, are, if kept in a state of confinement, capable of being stolen, not only while so confined, but after they have escaped from confinement.

        3. All other living creatures wild by nature are, if kept in a state of confinement, capable of being stolen so long as they remain in confinement, or are being pursued upon escaping from confinement.

        4. A wild living creature is in a state of confinement so long as it is in an enclosure designed to prevent escape, or otherwise secured, and to allow its owner to take possession of it when he or she pleases.

        5. Shellfish of all types are capable of being stolen when in oyster beds, marine farms, layings, and fisheries that are the property of any person and that are sufficiently marked out or shown as such property.

        Compare
        Notes
        • Section 218: replaced, on , by section 15 of the Crimes Amendment Act 2003 (2003 No 39).