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Criminal Procedure Act 2011

Preliminary provisions

6: Categories of offence defined

You could also call this:

"What kinds of crimes are there and how are they grouped in New Zealand law?"

Illustration for Criminal Procedure Act 2011

In New Zealand law, offences are put into categories. You need to know what these categories are. They are defined in the Criminal Procedure Act 2011.

A category 1 offence is one that does not carry a prison sentence, except in some cases. You can be fined for this type of offence. It can also be an infringement offence, but only if it is dealt with in a specific way, as outlined in section 14.

A category 2 offence is one that carries a prison sentence of less than 2 years. You can also be fined for this type of offence. If a company commits this type of offence, it will be fined, but if an individual commits it, they may go to prison.

A category 3 offence is a serious one, with a prison sentence of 2 years or more. It is not listed in Schedule 1. If a company commits this type of offence, it will be fined, but if an individual commits it, they may go to prison.

A category 4 offence is one that is listed in Schedule 1. This is a special list of serious offences. If you are accused of one of these offences, you will be dealt with in a specific way.

If you are accused of conspiring to commit an offence, or trying to commit one, you will be in the same category as the original offence. You will also be in the same category if you help someone commit an offence after it has happened. This means you will be treated the same way as the person who committed the original offence.

Sometimes, an offence can carry a bigger penalty if you have committed it before. In this case, the offence will be in the category that applies to the bigger penalty, but only if the charge says you have committed it before.

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Part 1Preliminary provisions

6Categories of offence defined

  1. In this Act,—

    category 1 offence means—

    1. an offence that is not punishable by a term of imprisonment, other than—
      1. an infringement offence; or
        1. an offence described in paragraph (b) of the definition of a category 2 offence; or
          1. an offence described in paragraph (b) of the definition of a category 3 offence; or
          2. an infringement offence, if proceedings in relation to that offence are commenced by filing a charging document under section 14, not by the issuing of an infringement notice

            category 2 offence means—

            1. an offence punishable by a term of imprisonment of less than 2 years; or
              1. an offence that, if committed by a body corporate, is punishable by only a fine, but that would be punishable by a term of imprisonment of less than 2 years if committed by an individual

                  category 3 offence means an offence, other than an offence listed in Schedule 1,—

                  1. that is punishable by imprisonment for life or by imprisonment for 2 years or more; or
                    1. that, if committed by a body corporate, is punishable by only a fine, but that would be punishable by imprisonment for life or by imprisonment for 2 years or more if committed by an individual

                      category 4 offence means an offence listed in Schedule 1.

                      1. If an offence is in a given category, then the following is also an offence in that category:

                      2. conspiring to commit that offence:
                        1. attempting to commit that offence, or inciting or procuring or attempting to procure any person to commit an offence of that kind that is not committed:
                          1. being an accessory after the fact to that offence.

                            1. If an offence is punishable by a greater penalty where the defendant has previously been convicted of that offence or of some other offence, the offence is an offence in the category that applies to offences punishable by that greater penalty only if the charge alleges that the defendant has such a previous conviction.

                            Notes
                            • Section 6(1) category 1 offence paragraph (a)(ii): amended, on , by section 29(1) of the Courts Matters Act 2018 (2018 No 50).
                            • Section 6(1) category 2 offence paragraph (b): amended, on , by section 29(2) of the Courts Matters Act 2018 (2018 No 50).
                            • Section 6(1) category 2 offence paragraph (c): repealed, on , by section 29(3) of the Courts Matters Act 2018 (2018 No 50).