78AABCommission of imprisonable offence for or on behalf of foreign power to provide relevant benefit

1. A person commits an offence if the person commits any imprisonable offence for or on behalf of a foreign power intending to provide a relevant benefit to a foreign power.

2. A person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 10 years.

3. A person commits an offence if the person commits any imprisonable offence for or on behalf of a foreign power being reckless as to whether doing so is likely to provide a relevant benefit to a foreign power.

4. A person who commits an offence against subsection (3) is liable on conviction to imprisonment for a term not exceeding 7 years.

5. To avoid doubt, the fact that a person engages in any protest, advocacy, or dissent, or engages in any strike, lockout, or other industrial action, is not, by itself, a sufficient basis for inferring that the person is—

6. intending to provide a relevant benefit to a foreign power; or
7. reckless as to whether the person’s conduct is likely to provide a relevant benefit to a foreign power.

8. In this section, committing an imprisonable offence for or on behalf of a foreign power includes committing the offence—

9. at the instigation, at the direction, or under the supervision of a foreign power; or
10. in collaboration with, or with the assistance, funding, or agreement of, a foreign power.

11. In this section,—

    foreign power has the same meaning as in section 78AAA

    to provide a relevant benefit to a foreign power means 1 or more of the following:

    1. to support the intelligence activities of a foreign power:
    2. to enhance the political or economic influence or the military or technological capability of a foreign power:
    3. to advance the coercive influence of a foreign power over persons in or outside New Zealand.