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Crimes Act 1961

Crimes against rights of property - Crimes involving computers

254: Dealing in or possessing software or other information for committing crime

You could also call this:

"Having or selling software to help commit crimes is against the law"

Illustration for Crimes Act 1961

If you deal in or have software that helps someone access a computer without permission, you can commit an offence. This happens if you promote the software as useful for committing a crime, or if you know it will be used for a crime. You can also commit an offence if you intend for the software to be used to commit a crime, or if you know its main use is for committing a crime.

You deal in software if you invite someone to buy it from you, offer it for sale, or sell it to someone. You also deal in software if you have it to sell or supply to someone, or if you get it for someone else to use.

If you have software that lets you access a computer without permission and you plan to use it to commit a crime, you commit an offence. If you are found guilty, you can be imprisoned for up to 2 years.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1464181.

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253: Designing, writing, or adapting software for committing certain crimes, or

"Making software to help commit serious crimes is against the law"

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"The law used to allow spies to access computers without permission in some cases, but this rule no longer exists."

Part 10Crimes against rights of property
Crimes involving computers

254Dealing in or possessing software or other information for committing crime

  1. A person who deals in software or other information commits an offence if the software or other information would enable another person to access a computer system without authorisation and at least 1 of the following applies:

  2. the person—
    1. promotes the software or other information as being useful for committing an offence (whether or not they also promote it as being useful for any other purpose); and
      1. knows or is reckless as to whether it will be used to commit an offence:
      2. the person intends the software or other information to be used by any other person to commit an offence:
        1. the person knows that the sole or main use of the software or other information is to commit an offence.

          1. A person deals in software or other information if the person—

          2. invites any other person to acquire it from the person; or
            1. offers or exposes it for sale or supply to any other person; or
              1. agrees to sell or supply it to any other person; or
                1. sells or supplies it to any other person; or
                  1. possesses it for the purpose of sale or supply to any other person; or
                    1. procures it for use by any other person.

                      1. A person commits an offence if the person—

                      2. possesses any software or other information that would enable the person to access a computer system without authorisation; and
                        1. intends to use that software or other information to commit an offence.

                          1. A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 2 years.

                          Notes
                          • Section 254: inserted, on , by section 66 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).