Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes against rights of property - Burglary

231: Burglary

You could also call this:

“Entering or staying in a building or ship without permission to do something illegal”

You commit burglary if you go into a building or ship without permission, planning to do something illegal that could land you in prison. You also commit burglary if you stay in a building or ship without permission, with the same bad intentions. If you do this, you could go to prison for up to 10 years.

When we talk about a ‘building’, we mean any kind of structure. This includes permanent buildings, but also things like tents, caravans, houseboats, enclosed yards, and even closed caves or tunnels.

You’re considered to have entered a building or ship as soon as any part of your body, or any tool you’re using, is inside. If you trick or threaten someone to let you in, that’s the same as entering without permission.

If you want to know more about burglary, you can also check out section 232 of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM330242.

Topics:
Crime and justice > Criminal law
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230: Taking, obtaining, or copying trade secrets, or

“ It's against the law to steal or copy secret business information for personal gain or to harm others. ”

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231A: Entry onto agricultural land with intent to commit imprisonable offence, or

“Going onto a farm to do something illegal can get you in big trouble”

Part 10 Crimes against rights of property
Burglary

231Burglary

  1. Every one commits burglary and is liable to imprisonment for a term not exceeding 10 years who—

  2. enters any building or ship, or part of a building or ship, without authority and with intent to commit an imprisonable offence in the building or ship; or
    1. having entered any building or ship, remains in it without authority and with intent to commit an imprisonable offence in the building or ship.

      1. In this section and in section 232, building means any building or structure of any description, whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel.

      2. For the purposes of this section and section 232,—

      3. entrance into a building or ship is made as soon as any part of the body of the person making the entrance, or any part of any instrument used by that person, is within the building or ship; and
        1. every one who gains entrance to a building or ship by any threat or artifice used for that purpose is to be treated as having entered without authority.

          Compare
          • 1961 No 43 ss 240, 241, 242
          Notes
          • Section 231: replaced, on , by section 15 of the Crimes Amendment Act 2003 (2003 No 39).
          • Section 231(1)(a): amended, on , by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).
          • Section 231(1)(b): amended, on , by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).