Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes against rights of property - Unlawful taking

219: Theft or stealing

You could also call this:

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

Theft or stealing means taking something that doesn’t belong to you without permission and with the intention of keeping it forever. This can happen in two ways:

You take something that isn’t yours, planning to keep it and not give it back to the owner.

You use or do something with an item that isn’t yours, intending to keep it from the owner forever, even after you’ve gotten hold of it somehow.

When we talk about intending to keep something forever, it also includes doing things that make it impossible to return the item in the same condition, or doing things that will likely result in the owner never getting their item back.

It’s important to know that ‘taking’ doesn’t mean getting ownership or control of something if the person who owns it agrees, even if you tricked them into agreeing.

For things you can touch (like a toy or a book), theft happens when you move the item or make it move from where it was.

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 It might be out of date or be missing some parts.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=DLM329897.

Topics:
Crime and justice > Criminal law
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218: Matters of ownership, or

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

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220: Theft by person in special relationship, or

“Stealing money or things you're supposed to look after for someone else”

Part 10 Crimes against rights of property
Unlawful taking

219Theft or stealing

  1. Theft or stealing is the act of,—

  2. dishonestly and without claim of right, taking any property with intent to deprive any owner permanently of that property or of any interest in that property; or
    1. dishonestly and without claim of right, using or dealing with any property with intent to deprive any owner permanently of that property or of any interest in that property after obtaining possession of, or control over, the property in whatever manner.

      1. An intent to deprive any owner permanently of property includes an intent to deal with property in such a manner that—

      2. the property cannot be returned to any owner in the same condition; or
        1. any owner is likely to be permanently deprived of the property or of any interest in the property.

          1. In this section, taking does not include obtaining ownership or possession of, or control over, any property with the consent of the person from whom it is obtained, whether or not consent is obtained by deception.

          2. For tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved.

          Compare
          Notes
          • Section 219: replaced, on , by section 15 of the Crimes Amendment Act 2003 (2003 No 39).