Crimes Act 1961

Crimes against rights of property - Burglary

233: Being disguised or in possession of instrument for burglary

You could also call this:

"Having tools for burglary or disguising yourself to commit a crime is against the law"

Illustration for Crimes Act 1961

If you have something that can be used for burglary and you plan to use it for that, you can go to prison for up to 3 years. You can also go to prison if you cover your face or disguise yourself to commit a crime that can send you to prison. The court can take away the instrument you had and make you pay for the costs of keeping it. If you are found guilty of having an instrument for burglary, the court can order you to pay any costs the police had to pay to keep the instrument.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM330247.


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232: Aggravated burglary, or

"Breaking into a place while having or using a weapon is a more serious crime than regular burglary."


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234: Robbery, or

"Taking someone's stuff by using force or scaring them is called robbery and it's against the law."

Part 10Crimes against rights of property
Burglary

233Being disguised or in possession of instrument for burglary

  1. Every one is liable to imprisonment for a term not exceeding 3 years who, without lawful authority or excuse,—

  2. has in his or her possession any instrument capable of being used for burglary with intent to use it for such a purpose; or
    1. has his or her face covered or is otherwise disguised with intent to commit any imprisonable offence.
      1. If any person is convicted of being in possession of an instrument for burglary, the court may, if it thinks fit, order the instrument to be forfeited to the Crown or disposed of as the court directs at the expense of the convicted person, and may order the person to pay any reasonable cost incurred by the Commissioner of Police in retaining the instrument.

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      Notes
      • Section 233: replaced, on , by section 15 of the Crimes Amendment Act 2003 (2003 No 39).
      • Section 233(1)(b): amended, on , by section 7 of the Crimes Amendment Act 2013 (2013 No 27).