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Crimes Act 1961
Threatening, conspiring, and attempting to commit offences
308: Threatening acts in relation to dwellinghouses and persons in dwellinghouses

1Short Title, commencement, etc 2Interpretation 3Meaning of convicted on indictment 4Meaning of ordinarily resident in New Zealand 4ATransitional, savings, and related provisions

Part 1:
Jurisdiction

5Application of Act 6Persons not to be tried in respect of things done outside New Zealand 7Place of commission of offence 7AExtraterritorial jurisdiction in respect of certain offences with transnational aspects 7BAttorney-General's consent required where jurisdiction claimed under section 7A 8Jurisdiction in respect of crimes on ships or aircraft beyond New Zealand 8AJurisdiction in respect of certain persons with diplomatic or consular immunity 9Offences not to be punishable except under New Zealand Acts 10Offence under more than 1 enactment 10ACriminal enactments not to have retrospective effect 10BPeriod of limitation 11Construction of other Acts 12Summary jurisdiction

Part 2:
Punishments

13Powers of courts under other Acts not affected

Part 3:
Matters of justification or excuse

20General rule as to justifications

Infancy

21Children under 10 22Children between 10 and 14

Insanity

23Insanity

Compulsion

24Compulsion

Ignorance of law

25Ignorance of law

Sentence or process

26Execution of sentence, process, or warrant 27Execution of erroneous sentence or process 28Sentence or process without jurisdiction 29Irregular warrant or process

Arrest

30Arresting the wrong person 31Arrest by constable pursuant to statutory powers 32Arrest by constable of person believed to have committed offence 33Arrest by other officers or persons pursuant to statutory powers 34Persons assisting constable or officer in arrest 35Arrest of persons found committing certain crimes 36Arrest of person believed to be committing crime by night 37Arrest after commission of certain crimes 38Arrest during flight

Use of force

39Force used in executing process or in arrest 40Preventing escape or rescue 41Prevention of suicide or certain offences

Breach of the peace

42Preventing breach of the peace 43Suppression of riot 44Suppression of riot by Police 45Suppression of riot by persons acting under lawful orders 46Suppression of riot by persons without orders 47Protection of members of New Zealand forces

Defence against assault

48Self-defence and defence of another 49Self-defence against provoked assault 50Provocation defined 51Defence of person under protection

Defence of property

52Defence of movable property against trespasser 53Defence of movable property with claim of right 54Defence of movable property without claim of right 55Defence of dwellinghouse 56Defence of land or building

Peaceable entry

57Assertion of right to land or building 58Exercise of right of way, etc

Powers of discipline

59Parental control 60Discipline on ship or aircraft

Surgical operations

61Surgical operations 61AFurther provisions relating to surgical operations

General provisions

62Excess of force 63Consent to death 64Obedience to de facto law 65Other enactments not affected

Part 4:
Parties to the commission of offences

66Parties to offences 67Conspiracy between spouses or civil union partners 68Party to murder outside New Zealand 69Party to any other crime outside New Zealand 70Offence committed other than offence intended 71Accessory after the fact 72Attempts

Part 5:
Crimes against public order

Treason and other crimes against the Sovereign and the State

73Treason 74Punishment for treason or attempted treason 75Evidence of treason 76Punishment for being party to treason 77Inciting to mutiny 78Espionage 78AAWrongful communication, retention, or copying of classified information 78AWrongful communication, retention, or copying of official information 78BConsent of Attorney-General to proceedings in relation to espionage or wrongful communication, retention, or copying of classified information or official information 78CQuestions of law in relation to espionage or wrongful communication of information 78DSearch without warrant 79Sabotage

Offence of oath to commit offence

80Oath to commit offence 81Seditious offences defined 82Seditious conspiracy 83Seditious statements 84Publication of seditious documents 85Use of apparatus for making seditious documents or statements

Unlawful assemblies, riots, and breaches of the peace

86Unlawful assembly 87Riot 88Reading the Riot Act 89Failure of rioters to disperse 90Riotous damage 91Forcible entry and detainer

Piracy

92Piracy 93Piratical acts 94Punishment of piratical acts 95Attempt to commit piracy 96Conspiring to commit piracy 97Accessory after the fact to piracy

Slave dealing

98Dealing in slaves 98AADealing in people under 18 for sexual exploitation, removal of body parts, or engagement in forced labour

Participation in organised criminal group

98AParticipation in organised criminal group

Smuggling and trafficking in people

98BTerms used in sections 98C to 98F 98CSmuggling migrants 98DTrafficking in persons 98EAggravating factors 98FAttorney-General's consent to prosecutions required

Part 6:
Crimes affecting the administration of law and justice

Bribery and corruption

99Interpretation 100Judicial corruption 101Bribery of judicial officer, etc 102Corruption and bribery of Minister of the Crown 103Corruption and bribery of member of Parliament 104Corruption and bribery of law enforcement officer 105Corruption and bribery of official 105ACorrupt use of official information 105BUse or disclosure of personal information disclosed in breach of section 105A 105CBribery of foreign public official 105DBribery outside New Zealand of foreign public official 105ECorruption of foreign public officials 105FTrading in influence 106Restrictions on prosecution

Contravention of statute

107Contravention of statute

Misleading justice

108Perjury defined 109Punishment of perjury 110False oaths 111False statements or declarations 112Evidence of perjury, false oath, or false statement 113Fabricating evidence 114Use of purported affidavit or declaration 115Conspiring to bring false accusation 116Conspiring to defeat justice 117Corrupting juries and witnesses

Escapes and rescues

118Assisting escape of prisoners of war or internees 119Breaking prison 120Escape from lawful custody 121Assisting escape from lawful custody 122Assisting escape of mentally impaired person detained for offence

Part 7:
Crimes against morality and decency, sexual crimes, and crimes against public welfare

Crime against religion

123Blasphemous libel

Crimes against morality and decency

124Distribution or exhibition of indecent matter 124AIndecent communication with young person under 16 125Indecent act in public place 126Indecent act with intent to insult or offend

Sexual crimes

127No presumption because of age 128Sexual violation defined 128AAllowing sexual activity does not amount to consent in some circumstances 128BSexual violation 129Attempted sexual violation and assault with intent to commit sexual violation 129ASexual conduct with consent induced by certain threats 130Incest 131Sexual conduct with dependent family member 131ADependent family member defined 131ABGrooming for sexual conduct with young person 131BMeeting young person following sexual grooming, etc 132Sexual conduct with child under 12 133Indecency with girl under 12 134Sexual conduct with young person under 16 134ADefence to charge under section 134 135Indecent assault 136Conspiracy to induce sexual intercourse 137Inducing sexual intercourse under pretence of marriage 138Sexual exploitation of person with significant impairment 139Indecent act between woman and girl 140Indecency with boy under 12 140AIndecency with boy between 12 and 16 141Indecent assault on man or boy 142Anal intercourse 142ACompelling indecent act with animal 143Bestiality 144Indecency with animal

Sexual offences outside New Zealand

144ASexual conduct with children and young people outside New Zealand 144ABParty or accessory liability for sexual acts with children or young people outside New Zealand done by, or involving, foreigner principal parties 144BConsent of Attorney-General required 144COrganising or promoting child sex tours

Crimes against public welfare

145Criminal nuisance 146Keeping place of resort for homosexual acts 147Brothel-keeping 148Living on earnings of prostitution 149Procuring for prostitution 149ABeing client in act of prostitution by person under 18 years of age 150Misconduct in respect of human remains

Part 8:
Crimes against the person

Duties tending to the preservation of life

150AStandard of care applicable to persons under legal duties or performing unlawful acts 151Duty to provide necessaries and protect from injury 152Duty of parent or guardian to provide necessaries and protect from injury 153Duty of employers to provide necessaries 154Abandoning child under 6 155Duty of persons doing dangerous acts 156Duty of persons in charge of dangerous things 157Duty to avoid omissions dangerous to life

Homicide

158Homicide defined 159Killing of a child 160Culpable homicide 161Procuring death by false evidence 162Death must be within a year and a day 163Killing by influence on the mind 164Acceleration of death 165Causing death that might have been prevented 166Causing injury the treatment of which causes death

Murder, manslaughter, etc

167Murder defined 168Further definition of murder 169Provocation 170Illegal arrest may be evidence of provocation 171Manslaughter 172Punishment of murder 173Attempt to murder 174Counselling or attempting to procure murder 175Conspiracy to murder 176Accessory after the fact to murder 177Punishment of manslaughter 178Infanticide 179Aiding and abetting suicide 180Suicide pact 181Concealing dead body of child

Killing unborn child

182Killing unborn child 182AMiscarriage defined

Abortion services

183Abortion procured by person other than health practitioner 184Procuring abortion by other means 185Female procuring her own miscarriage 186Supplying means of procuring abortion 187Effectiveness of means used immaterial 187AMeaning of unlawfully

Assaults and injuries to the person

188Wounding with intent 189Injuring with intent 189AStrangulation or suffocation 190Injuring by unlawful act 191Aggravated wounding or injury 192Aggravated assault 193Assault with intent to injure 194Assault on a child, or by a male on a female 194AAssault on person in family relationship 195Ill-treatment or neglect of child or vulnerable adult 195AFailure to protect child or vulnerable adult 196Common assault 197Disabling 198Discharging firearm or doing dangerous act with intent 198AUsing any firearm against law enforcement officer, etc 198BCommission of crime with firearm 199Acid throwing 200Poisoning with intent 201Infecting with disease 202Setting traps, etc 202APossession of offensive weapons or disabling substances 202BPowers in respect of crime against section 202A 202BASentencing for second crime against section 202A(4)202CAssault with weapon 203Endangering transport 204Impeding rescue

Female genital mutilation

204AFemale genital mutilation 204BFurther offences relating to female genital mutilation

Bigamy, and feigned or coerced marriage or civil union

205Bigamy defined 206Punishment of bigamy 207Feigned marriage or civil union 207ACoerced marriage or civil union

Abduction, kidnapping

208Abduction for purposes of marriage or civil union or sexual connection 209Kidnapping 209AYoung person under 16 cannot consent to being taken away or detained 210Abduction of young person under 16 210APeople claiming in good faith right to possession of young person under 16

Part 9:
Crimes against reputation

211Criminal libel and publishing defined 212Publishing upon invitation 213No prosecution without leave of Judge 214Plea of justification 215Punishment of criminal libel 216Criminal slander

Part 9A:
Crimes against personal privacy

216AInterpretation 216BProhibition on use of interception devices 216CProhibition on disclosure of private communications unlawfully intercepted 216DProhibition on dealing, etc, with interception devices 216EForfeiture 216FUnlawful disclosure

Intimate visual recordings

216GIntimate visual recording defined 216HProhibition on making intimate visual recording 216IProhibition on possessing intimate visual recording in certain circumstances 216JProhibition on publishing, importing, exporting, or selling intimate visual recording 216KExceptions to prohibition in section 216J 216LDisposal and forfeiture 216MEffect of appeal on order made under section 216L 216NProtection from liability

Part 10:
Crimes against rights of property

Interpretation

217Interpretation

Unlawful taking

218Matters of ownership 219Theft or stealing 220Theft by person in special relationship 220AATheft by employer 220ATheft of livestock and other animals 221Theft of parts of killed animals 222Theft by spouse or partner 223Punishment of theft 224Power of search for goods stolen or unlawfully obtained in transit 225Power to search vehicles for goods stolen or obtained by crimes involving dishonesty 226Conversion of vehicle or other conveyance 227Being in possession of instrument for conversion 228Dishonestly taking or using document 229Criminal breach of trust 230Taking, obtaining, or copying trade secrets

Burglary

231Burglary 231AEntry onto agricultural land with intent to commit imprisonable offence 232Aggravated burglary 233Being disguised or in possession of instrument for burglary

Robbery and blackmail

234Robbery 235Aggravated robbery 236Assault with intent to rob 237Blackmail 238Punishment of blackmail 239Demanding with intent to steal, etc

Goods that facilitate commission of crimes involving dishonesty

239ADesigning, manufacturing, or adapting goods with intent to facilitate commission of crimes involving dishonesty 239BPossessing, selling, disposing of, or procuring goods designed, manufactured, or adapted with intent to facilitate commission of crimes involving dishonesty 239CPossessing goods capable of being used to facilitate crimes involving dishonesty with intent to facilitate commission of those offences

Crimes involving deceit

240Obtaining by deception or causing loss by deception 240AApplication of section 240 to match-fixing 241Punishment of obtaining by deception or causing loss by deception 242False statement by promoter, etc

Money laundering

243Money laundering 243ACharges for money laundering 244Defence of enforcement of enactment 245Application of section 243 to acts outside New Zealand

Receiving

246Receiving 247Punishment of receiving

Crimes involving computers

248Interpretation 249Accessing computer system for dishonest purpose 250Damaging or interfering with computer system 251Making, selling, or distributing or possessing software for committing crime 252Accessing computer system without authorisation 253Designing, writing, or adapting software for committing certain crimes 254Dealing in or possessing software or other information for committing crime 253Qualified exemption to access without authorisation offence for New Zealand Security Intelligence Service 254Qualified exemption to access without authorisation offence for Government Communications Security Bureau

Forgery and counterfeiting

255Interpretation 256Forgery 257Using forged documents 258Altering, concealing, destroying, or reproducing documents with intent to deceive 259Using altered or reproduced document with intent to deceive 260False accounting 261Counterfeiting public seals 262Counterfeiting corporate seals 263Possessing forged bank notes 264Paper or implements for forgery 265Imitating authorised or customary marks

Coinage

266Offences involving coinage

Arson, damage, and waste

267Arson 268Attempted arson 269Intentional damage 270Endangering transport 271Waste or diversion of electricity, gas, or water 272Providing explosive to commit crime 273Using probate obtained by forgery or perjury 274Paper or implements for forgery 275Counterfeiting stamps 276Falsifying registers 277Falsifying extracts from registers 278Uttering false certificates 279Forging certificates 280Imitating authorised marks 281Imitating customary marks 282Interpretation 283Preparations for coining 284Counterfeiting coin 285Altering coin 286Impairing coin 287Defacing coin 288Melting coin 289Possessing counterfeit coin 290Uttering counterfeit coin 291Buying and selling counterfeit coin 292Importing and exporting counterfeit coin 293What constitutes criminal damage 294Arson 295Attempted arson 296Damage to other property by fire or explosive 297Attempt to damage property by fire or explosive 298Wilful damage 298ACausing disease or sickness in animals 298BContaminating food, crops, water, or other products 299Wilful waste or diversion of water, gas, or electricity 300Interfering with means of transport 301Wrecking 302Attempting to wreck 303Interfering with signals, etc 304Interfering with mines 305Providing explosive to commit crime

Part 11:
Threatening, conspiring, and attempting to commit offences

306Threatening to kill or do grievous bodily harm 307Threatening to destroy property 307AThreats of harm to people or property 308Threatening acts in relation to dwellinghouses and persons in dwellinghouses 308ADischarging firearm to intimidate 309Conspiring to prevent collection of rates or taxes 310Conspiring to commit offence 311Attempt to commit or procure commission of offence 312Accessory after the fact to crime

Part 11A:
Obtaining evidence by interception devices

Interpretation

312AInterpretation

Applications for interception warrants in relation to organised criminal enterprises

312BApplication by Police for warrant to intercept private communications 312CMatters on which Judge must be satisfied in respect of applications

Applications for interception warrants in relation to serious violent offences

312CAApplication by Police for warrant to intercept private communications in relation to serious violent offences 312CBMatters on which Judge must be satisfied in respect of applications relating to serious violent offences 312CCApplication by Police for warrant to intercept private communications relating to terrorist offences 312CDMatters of which Judge must be satisfied in respect of applications relating to terrorist offences

General provisions

312DContents and term of warrant 312EEffect of warrant 312FRenewal of warrants 312GEmergency permits 312HSecurity of applications 312IDestruction of irrelevant records made by use of interception device 312JDestruction of relevant records made by use of interception device 312KProhibition on disclosure of private communications lawfully intercepted 312LNotice to be given of intention to produce evidence of private communication 312MInadmissibility of evidence of private communications unlawfully intercepted 312NRestriction on admissibility of evidence of private communications lawfully intercepted 312OPrivileged evidence 312PReport to be made to Judge on use of warrant or permit 312QCommissioner of Police to give information to Parliament

Part 12:
Procedure

313General provisions as to procedure 314Procedure where prior consent to prosecution required

General power to stop vehicles to exercise statutory search powers

314AStatutory search power 314BGeneral power to stop vehicles 314CPowers incidental to stopping vehicles under section 314B 314DOffences relating to stopping vehicles under section 314B

Arrest

315Arrest without warrant 316Duty of persons arresting 317Power to enter premises to arrest offender or prevent offence 317APower to stop vehicles for purpose of arrest 317AAPowers incidental to stopping vehicles under section 317A 317ABOffences relating to stopping vehicles under section 317A 317BRoad blocks

Bail

318When bail not allowable 319Rules as to granting bail 319ADetention while bail bond prepared and signed 319BVariation of conditions of bail 320Arrest of absconder 320APerson on bail may be arrested without warrant in certain circumstances 320BFailure to answer bail 320CNon-performance of condition of bail bond to be certified by Judge

Plea of guilty after committal for trial

321Person committed for trial may plead guilty before trial

Change of venue

322Changing venue or sitting 323Powers of court of committal as to custody or bail of accused 324Attendance of witnesses at substituted court 325Powers of substituted court to compel attendance 326Trial in substituted court 327Witnesses' expenses where indictment removed at instance of the Crown

Indictments

328Form of indictment 329Contents of counts 330Crimes may be charged in the alternative 331Certain objections not to vitiate counts 332Indictment for perjury or fraud 333General provisions as to counts not affected 334Further particulars 335Variance and amendment 336Indictment for treason 337Attempt proved when crime is charged 338Crime proved when attempt is charged 339Part of charge proved 340Joinder of counts 341Charge of previous conviction 342Objections to indictment 343Indictment of parties 344Accessories after the fact, and receivers 344AAMoney launderers

Evidence

344AInterlocutory order relating to admissibility of evidence

Identification evidence

344BAttendance at identification parade voluntary 344CInformation relating to identification witness to be supplied to defendant 344DJury to be warned where principal evidence relates to identification

Filing indictment

345Filing indictment 345ATime for filing indictment 345BExtension of time for filing indictment 345CTrial Judge may excuse disclosure of information relating to Police investigations 345DLeave to file amended indictments 346Failure of prosecutor to file indictment 347Power to discharge accused 348Copy of indictment 349Special provisions in case of treason

Trial and sentence

350Bench warrant 351Failure of witness to attend 352Refusal of witness to give evidence 353Record of proceedings 354Right to be defended 355Arraignment 356Plea 357Special pleas 358Pleas of previous acquittal and conviction 359Second accusation 360Evidence of former trial 361Plea on behalf of corporation 361ATrial before a Judge with a jury general rule 361BAccused may apply for trial before a Judge without a jury 361CJudge may order trial without a jury in certain cases 361DJudge may order trial without jury in certain cases that are likely to be long and complex 361EJudge may order trial without jury in cases involving intimidation of juror or jurors 362Challenging the array 363Challenges and directions to stand by 364Caution to accused when undefended 365Question to accused when undefended 366Comment on failure to give evidence 366AUnsworn statement prohibited 367Evidence and addresses 367ANotice of alibi 368Adjourning trial for witnesses 369Admissions 369AProsecution may withdraw in certain cases 370Jury retiring to consider verdict 371Motion in arrest of judgment. Sentence 372Correction of erroneous sentence 373Discretion to keep jury together 374Discharge of juror or jury 375Power to clear court and forbid report of proceedings 375ASpecial provisions in cases of sexual nature 376Presence of the accused 377Proceedings on Sunday 378Stay of proceedings

Retrials of previously acquitted persons

378AOrder for retrial may be granted if acquittal tainted 378BMeaning of terms used in sections 378C and 378D 378CConsent of Solicitor-General required in certain circumstances for exercise of powers in relation to acquitted person 378DOrder for retrial may be granted by Court of Appeal if new and compelling evidence discovered 378EOrders to safeguard fairness of retrial 378FEffect of order for retrial

Part 13:
Appeals

379Interpretation

Appeal on matters arising before trial

379ARight of appeal in certain cases 379ABAppeal against decision of Court of Appeal on appeal against certain orders

Appeal on question of bail

379BAppeal from decision of High Court relating to bail 379CProcedural provisions relating to appeal on question of bail 379CAAppeal against order in respect of costs 379DExecution of decision of Court of Appeal

Appeal on question of law

380Reserving question of law 381Appeal where no question reserved 381AQuestion of law arising out of discharge under section 347 or stay of prosecution may be referred to Court of Appeal 382Powers of Court of Appeal where appeal is on question of law

Appeal against conviction or sentence

383Right of appeal against conviction or sentence 383AAppeal against decision of Court of Appeal on appeal against conviction or sentence 384Right of appeal against sentence or conviction for contempt of court 384AJurisdiction in certain cases where appeals lie to different courts 385Determination of appeals in ordinary cases 386Powers of appellate courts in special cases 387Revesting and restitution of property on conviction 388Time for appealing 389Supplemental powers of appellate courts 390Duty of Solicitor-General 391Costs of appeal 392Duties of Registrar with respect to notices of appeal, etc

General provisions as to appeals

392ADecision about mode of hearing 392BHearings on the papers 393Certain powers exercisable by 1 Judge 394Evidence for appellate courts 395Right of appellant to be represented, and restriction on attendance 396Power to forbid report of proceedings, etc 397Granting of bail to appellant, and custody pending appeal 398Judgment of Court of Appeal 399Intermediate effects of appeal

Part 14:
Miscellaneous provisions

400Consent of Attorney-General to certain prosecutions 401Contempt of court 402Costs 403Compensation for loss of property 404Restitution of property 405Civil remedy not suspended 406Prerogative of mercy 406AAppeals against decisions made on references 407Effect of free pardon 408Act to bind the Crown 409Rules of court 410Regulations 411Consequential amendments 412Repeals and savings 413Enactment creating offence is repealed and replaced or consolidated 414Repealed enactment continues to have effect 415Inconsistency with other enactment or rule of law

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1:
Carrying out of sentence of death

Schedule 2:
Forms

Schedule 3:
Enactments amended

Schedule 4:
United Kingdom enactments ceasing to have effect in New Zealand

Schedule 5:
New Zealand enactments repealed

Schedule 6:
Interception warrant

Crimes Act 1961

Threatening, conspiring, and attempting to commit offences

308: Threatening acts in relation to dwellinghouses and persons in dwellinghouses

You could also call this:

"Threatening someone or their home is against the law"

If you try to scare or annoy someone on purpose, you can get in trouble with the law. You might break or damage someone's house, or threaten to do so. You can also get in trouble if you try to scare someone who is in their house by being threatening or trying to alarm them.

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This page was last updated on 4 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM330792.

Topics:

Crime and justice > Criminal law

307A: Threats of harm to people or property, or

"You could get in trouble for saying or writing things that might scare people or cause big problems in New Zealand."

308A: Discharging firearm to intimidate, or

"It's against the law to fire a gun to scare people, and you could go to jail for up to 5 years if you do this."

Part 11Threatening, conspiring, and attempting to commit offences

308Threatening acts in relation to dwellinghouses and persons in dwellinghouses

Every one is liable to imprisonment for a term not exceeding 3 years who, with intent to intimidate or annoy any person,—
breaks or damages or threatens to break or damage any dwellinghouse; or
by threatening behaviour, alarms or attempts to alarm any person in a dwellinghouse.

Compare

1908 No 32 ss 344, 345

Notes

Section 308 heading: replaced, on 5 April 2023, by section 4(1) of the Criminal Activity Intervention Legislation Act 2023 (2023 No 7).
Section 308(b): replaced, on 5 April 2023, by section 4(2) of the Criminal Activity Intervention Legislation Act 2023 (2023 No 7).