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245: Application of section 243 to acts outside New Zealand
or “This law explains when money laundering rules apply to things that happen outside New Zealand.”

You could also call this:

“Knowingly taking or keeping stolen things is against the law.”

You commit the crime of receiving if you take something that was stolen or obtained through another serious crime. This applies if you know the item was stolen or obtained illegally, or if you don’t care whether it was or not.

If the item was obtained through a serious crime committed in another country, it’s treated the same as if the crime happened in New Zealand. However, if someone questions this, it needs to be proven that the act was a crime in that country.

The crime of receiving happens as soon as you have the stolen item, either by yourself or with others. It also applies if you help hide or get rid of the item.

If the stolen item has been given back to its owner, or if someone has legally bought it, then taking it after that isn’t a crime. This is true even if you know it was stolen before.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.


Next up: 247: Punishment of receiving

or “This law explains how people who keep stolen things can be sent to jail, with longer sentences for more expensive items.”

Part 10 Crimes against rights of property
Receiving

246Receiving

  1. Every one is guilty of receiving who receives any property stolen or obtained by any other imprisonable offence, knowing that property to have been stolen or so obtained, or being reckless as to whether or not the property had been stolen or so obtained.

  2. For the purposes of this section, property that was obtained by any act committed outside New Zealand that, if it had been committed in New Zealand, would have constituted an imprisonable offence is, subject to subsection (5), to be regarded as having been obtained by an imprisonable offence.

  3. The act of receiving any property stolen or obtained by any other imprisonable offence is complete as soon as the offender has, either exclusively or jointly with the thief or any other person, possession of, or control over, the property or helps in concealing or disposing of the property.

  4. If—

  5. any property stolen or obtained by any other imprisonable offence has been returned to the owner; or
    1. legal title to any such property has been acquired by any person,—
      1. a subsequent receiving of it is not an offence, even though the receiver may know that the property had previously been stolen or obtained by any other imprisonable offence.

      2. If a person is charged with an offence under this section and the property was obtained by an act committed outside New Zealand, it is to be presumed, unless the person charged puts the matter at issue, that the doing of the act by which the property was obtained was an offence under the law of the place where the act was done.

      Compare
      Notes
      • Section 246: replaced, on , by section 15 of the Crimes Amendment Act 2003 (2003 No 39).
      • Section 246(1): amended, on , by section 7 of the Crimes Amendment Act 2013 (2013 No 27).
      • Section 246(2): amended, on , by section 7 of the Crimes Amendment Act 2013 (2013 No 27).
      • Section 246(3): amended, on , by section 7 of the Crimes Amendment Act 2013 (2013 No 27).
      • Section 246(4): amended, on , by section 7 of the Crimes Amendment Act 2013 (2013 No 27).
      • Section 246(4)(a): amended, on , by section 7 of the Crimes Amendment Act 2013 (2013 No 27).