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Arms Bill

Further offences and firearms prohibition orders - Provisions relating to offences

285: Extraterritorial jurisdiction for offences against section 265, 266, 329, or 330

You could also call this:

"New Zealand laws can still apply to you even if you break them outside the country"

If you do something wrong against sections 265, 266, 329, or 330 outside New Zealand, you can still be charged with a crime in New Zealand. This can happen if you are a New Zealand citizen, live in New Zealand, or have been found in New Zealand and not sent to another country. You can also be charged if you are a company set up in New Zealand. If you do something wrong on a New Zealand ship or plane, you can be charged too. This includes ships and planes used by the New Zealand Defence Force. It also includes planes leased by someone who lives in New Zealand or has a business here. Some laws do not apply to these crimes, like needing the Attorney-General's permission to start a case. You can still be charged with a crime even if most of the wrongdoing happened outside New Zealand. The law says what it means to be ordinarily resident in New Zealand, which means you live in New Zealand and it's where you usually stay. You can be considered ordinarily resident if you have been living in New Zealand for the past 12 months, even if you've been away sometimes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1534038.

This page was last updated on 8 December 2025 — View changes

Topics:

Crime and justice > Criminal lawCrime and justice > Police and safety

284: Offences committed by corporations, or

"What happens when a company breaks the law and the punishment is prison time"

286: Attorney-General’s consent required, or

"Some crimes need the Attorney-General's okay before a case can start."

Part 6Further offences and firearms prohibition orders
Provisions relating to offences

285Extraterritorial jurisdiction for offences against section 265, 266, 329, or 330

Even if the acts or omissions alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for any offence against section 265, 266, 329, or 330—
if the person to be charged—
1. is a New Zealand citizen; or
2. is ordinarily resident in New Zealand; or
3. has been found in New Zealand and has not been extradited; or
4. is an entity incorporated or registered under the law of New Zealand; or
if any of the acts or omissions are alleged to have occurred on board—
1. a ship registered, or required to be registered, under the Ship Registration Act 1992; or
2. a ship used as a ship of the New Zealand Defence Force; or
3. an aircraft registered, or required to be registered, in New Zealand under the Civil Aviation Act 1990; or
4. an aircraft for the time being used as an aircraft of the New Zealand Defence Force; or
5. an aircraft that is leased to a lessee whose principal place of business is in New Zealand, or who is a New Zealand citizen or a person ordinarily resident in New Zealand.

The following sections do not apply to an offence against section 265, 266, 329, or 330:
section 8 of the Crimes Act 1961 (which relates to jurisdiction in respect of crimes on ships or aircraft beyond New Zealand):
section 400 of the Crimes Act 1961 (which requires the consent of the Attorney-General to proceedings in certain cases for offences on ships or aircraft).

Nothing in this section limits—
the application of section 265, 266, 329, or 330 to acts or omissions that occurred wholly in New Zealand; or
the application of section 7 of the Crimes Act 1961 to the occurrence in New Zealand of—
1. an act or omission forming part of an offence; or
2. an event necessary to the completion of an offence; or
the application of section 8A of the Crimes Act 1961.

In this section, ordinarily resident in New Zealand, in relation to a person, means the person—
is domiciled in New Zealand; or
is living in New Zealand and the place where that person usually lives is, and has been for the immediately preceding 12 months, in New Zealand, whether or not that person has on occasion been away from New Zealand during that period.