Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes against rights of property - Crimes involving computers

251: Making, selling, or distributing or possessing software for committing crime

You could also call this:

“It's against the law to create, sell, or have computer programs that help people break into computers or do illegal things.”

You can get in trouble if you have or share software that helps people break into computers without permission. This is against the law, and you could go to jail for up to 2 years if you do any of these things:

If you invite someone to get this kind of software from you, try to sell it, or have it ready to sell, you’re breaking the law. This is especially true if you know the main use of the software is for committing crimes, or if you advertise it as helpful for crimes, even if you’re not sure how it will be used.

It’s also against the law to have software that lets you break into computers without permission if you plan to use it to commit a crime. You could go to jail for up to 2 years for this too.

Remember, it’s important to use computers and software responsibly and not to help others commit crimes.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM330427.

Topics:
Crime and justice > Criminal law
Business > Industry rules
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250: Damaging or interfering with computer system, or

“It's against the law to hurt or mess with computers in ways that can harm people or break things.”

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252: Accessing computer system without authorisation, or

“It's against the law to use a computer system when you're not allowed to.”

Part 10 Crimes against rights of property
Crimes involving computers

251Making, selling, or distributing or possessing software for committing crime

  1. Every one is liable to imprisonment for a term not exceeding 2 years who invites any other person to acquire from him or her, or offers or exposes for sale or supply to any other person, or agrees to sell or supply or sells or supplies to any other person, or has in his or her possession for the purpose of sale or supply to any other person, any software or other information that would enable another person to access a computer system without authorisation—

  2. the sole or principal use of which he or she knows to be the commission of an offence; or
    1. that he or she promotes as being useful for the commission of an offence (whether or not he or she also promotes it as being useful for any other purpose), knowing or being reckless as to whether it will be used for the commission of an offence.

      1. Every one is liable to imprisonment for a term not exceeding 2 years who—

      2. has in his or her possession any software or other information that would enable him or her to access a computer system without authorisation; and
        1. intends to use that software or other information to commit an offence.

          Compare
          Notes
          • Section 251: replaced, on , by section 15 of the Crimes Amendment Act 2003 (2003 No 39).
          • Section 251(1)(a): amended, on , by section 7 of the Crimes Amendment Act 2013 (2013 No 27).
          • Section 251(1)(b): amended, on , by section 7 of the Crimes Amendment Act 2013 (2013 No 27).
          • Section 251(2)(b): amended, on , by section 7 of the Crimes Amendment Act 2013 (2013 No 27).