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New Zealand law explained for everyone

Crimes Act 1961

Crimes against rights of property - Crimes involving computers

248: Interpretation

You could also call this:

“This part explains the important words used when talking about computer crimes in a way that's easy to understand.”

In sections 249 to 252 of this law, you’ll find some important words explained. These words help you understand crimes that involve computers.

When the law talks about ‘access’ to a computer system, it means doing things like giving instructions to the computer, talking to it, putting information into it, getting information from it, or using any part of the computer system.

‘Authorisation’ means when you’re allowed to do something. This could be because a law says you can, or because a court has said it’s okay.

A ‘computer system’ can mean a few different things. It could be just one computer, or it could be two or more computers connected to each other. It also includes any way that computers talk to each other, like links between computers, or connections to other devices. When the law talks about a computer system, it means all the parts of these things, including how you put information in, how you get information out, how the computer processes things, where it stores things, any software it uses, and any stored information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM330416.

Topics:

Crime and justice > Criminal law

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.”

249: Accessing computer system for dishonest purpose, or

“Using a computer to trick or cheat others for personal gain or to cause harm is against the law.”

Part 10 Crimes against rights of property
Crimes involving computers

248Interpretation

For the purposes of this section and sections 249 to 252,—
access, in relation to any computer system, means instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system
authorisation includes an authorisation conferred on a person by or under an enactment or a rule of law, or by an order of a court or judicial process
computer system—
1. means—
  1. a computer; or
  2. 2 or more interconnected computers; or
  3. any communication links between computers or to remote terminals or another device; or
  4. 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device; and
2. includes any part of the items described in paragraph (a) and all related input, output, processing, storage, software, or communication facilities, and stored data.

Notes

Section 248: replaced, on 1 October 2003, by section 15 of the Crimes Amendment Act 2003 (2003 No 39).
Section 248: amended, on 13 July 2011, by section 4(1) of the Crimes Amendment Act 2011 (2011 No 29).
Section 248 authorisation: inserted, on 13 July 2011, by section 4(2) of the Crimes Amendment Act 2011 (2011 No 29).