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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 breaking in or wearing a disguise to do something illegal is against the law.”

You can go to prison for up to 3 years if you do certain things without a good reason or permission. These things are:

Having a tool that could be used for burglary if you plan to use it for that purpose.

Covering your face or disguising yourself if you plan to commit a crime that can lead to prison time.

If you are found guilty of having a burglary tool, the court might decide to take it away from you. They could give it to the government or get rid of it in another way. You might have to pay for this to happen. The court could also make you pay back the police for keeping the tool safe.

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

Topics:
Crime and justice > Criminal law
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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 10 Crimes 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.

      Compare
      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).