Crimes Act 1961

Crimes against rights of property - Unlawful taking

220: Theft by person in special relationship

You could also call this:

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

If you receive or have control over property that belongs to someone else, you must follow their rules about how to use it. This applies even if you’re not supposed to give back the exact same property.

You commit theft if you deliberately don’t follow these rules. This could mean not giving an account of the property when you’re supposed to, or using the property or any money from it in a way that goes against the owner’s instructions.

It doesn’t matter if you were meant to return the exact same property or not. The law decides if the situation required you to account for the property or follow specific instructions about it.

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 It might be out of date or be missing some parts.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=DLM330201.

Topics:
Crime and justice > Criminal law

Previous

219: Theft or stealing, or

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


Next

220A: Theft of livestock and other animals, or

“If you take someone else's farm animals or pets without permission, you could go to jail.”

Part 10 Crimes against rights of property
Unlawful taking

220Theft by person in special relationship

  1. This section applies to any person who has received or is in possession of, or has control over, any property on terms or in circumstances that the person knows require the person—

  2. to account to any other person for the property, or for any proceeds arising from the property; or
    1. to deal with the property, or any proceeds arising from the property, in accordance with the requirements of any other person.
      1. Every one to whom subsection (1) applies commits theft who intentionally fails to account to the other person as so required or intentionally deals with the property, or any proceeds of the property, otherwise than in accordance with those requirements.

      2. This section applies whether or not the person was required to deliver over the identical property received or in the person's possession or control.

      3. For the purposes of subsection (1), it is a question of law whether the circumstances required any person to account or to act in accordance with any requirements.

      Compare
      Notes
      • Section 220: replaced, on , by section 15 of the Crimes Amendment Act 2003 (2003 No 39).