Crimes Amendment Bill

Crimes Amendment Bill The Parliament of New Zealand enacts as follows: 1 Title This Act is the Crimes Amendment Act 2025 . 2 Commencement This Act comes into force on the day after Royal assent. However, sections 30A to 30E come into force on a date set by Order in Council. Any part of the Act that has not come into force 6 months after Royal assent comes into force then. An Order in Council made under this section is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 3 Principal Act This Part amends the Crimes Act 1961. 4 Section 35 amended (Arrest of persons found committing certain crimes) In the heading to section 35, replace certain crimes with offences against this Act . In section 35(a), delete for which the maximum punishment is not less than 3 years’ imprisonment . Repeal section 35(b). In section 35, insert as subsections (2) and (3) : 2 A person, other than a constable, who arrests a person as contemplated in subsection (1) must, as soon as practicable, make contact with the Police and follow all directions given by the Police in relation to the arrested person, including any direction to— a release the arrested person: b hand over the arrested person into a constable’s custody. 3 A person who, without reasonable excuse, breaches subsection (2) in relation to an arrested person ceases to be justified under subsection (1) in holding that person under arrest. 5 Section 36 amended (Arrest of person believed to be committing crime by night) In section 36, insert as subsections (2) and (3) : 2 A person, other than a constable, who arrests a person as contemplated in subsection (1) must, as soon as practicable, make contact with the Police and follow all directions given by the Police in relation to the arrested person, including any direction to— a release the arrested person: b hand over the arrested person into a constable’s custody. 3 A person who, without reasonable excuse, breaches subsection (2) in relation to an arrested person ceases to be protected from criminal responsibility under subsection (1) for holding that person under arrest. 6 Section 37 amended (Arrest after commission of certain crimes) In section 37, insert as subsections (2) and (3) : 2 A person, other than a constable, who arrests a person as contemplated in subsection (1) must, as soon as practicable, make contact with the Police and follow all directions given by the Police in relation to the arrested person, including any direction to— a release the arrested person: b hand over the arrested person into a constable’s custody. 3 A person who, without reasonable excuse, breaches subsection (2) in relation to an arrested person ceases to be protected from criminal responsibility under subsection (1) for holding that person under arrest. 7 Section 38 amended (Arrest during flight) After section 38(2), insert: 3 A person, other than a constable, who arrests a person as contemplated in subsection (1) must, as soon as practicable, make contact with the Police and follow all directions given by the Police in relation to the arrested person, including any direction to— a release the arrested person: b hand over the arrested person into a constable’s custody. 4 A person who, without reasonable excuse, breaches subsection (3) in relation to an arrested person ceases to be protected from criminal responsibility under subsection (1) for holding that person under arrest. 8 Section 39 amended (Force used in executing process or in arrest) In section 39, after such force , insert (for example, the use of physical or mechanical restraints) . 9 Section 40 amended (Preventing escape or rescue) In section 40(1) and (2), after such force , insert (for example, the use of physical or mechanical restraints) . 10 Section 52 amended (Defence of movable property against trespasser) In section 52(1), delete , if in either case he or she does not strike or do bodily harm to the trespasser . 11 Section 53 amended (Defence of movable property with claim of right) In section 53(1), delete , if he or she does not strike or do bodily harm to the other person . 12 Section 56 amended (Defence of land or building) In section 56(1), delete , if he or she does not strike or do bodily harm to that person . 13 Section 98 amended (Dealing in slaves) In section 98(1), replace 14 years with 20 years or a fine not exceeding $500,000 (or both) . 14 Section 98AA amended (Dealing in people under 18 for sexual exploitation, removal of body parts, or engagement in forced labour) In section 98AA(1), replace 14 years with 20 years or a fine not exceeding $500,000 (or both) . 15 Section 98B amended (Terms used in sections 98C to 98F) In section 98B, insert in their appropriate alphabetical order: exploitation includes— a sexual exploitation (including exploitative prostitution): b exploitative removal of body parts: c slavery or similar practices, servitude, and forced or exploitative labour or services: d forced criminality or forced unlawful behaviour acts or omissions : e forced or coerced marriage or civil union forced or exploitative labour or services includes work or a service provided by a person that— a is exacted from the person under the threat of, or by causing, harm (including harm to another person); or b is provided in circumstances that could reasonably be expected to cause the person to believe that they or another person would be likely to suffer harm if the person failed to provide or offer to provide the work or service; or c involves a serious violation of— i the person’s minimum employment rights, including the right to minimum wage, rest breaks, or annual leave or other leave entitlements: ii health and safety obligations in respect of the person In section 98B, definition of act of coercion against the person ,— a delete against the person ; and b before includes , insert , in relation to a person, . In section 98B, replace the definition of unauthorised migrant with: unauthorised migrant , in relation to a State, means a person who is not a citizen of the State and who is— a not in possession of all the documents required by the law of the State for the person’s lawful entry into the State; or b in possession of all the documents required by the law of the State for the person’s lawful entry into the State, but 1 or more of those documents was obtained by deception, fraud, forgery, or other unlawful means. 16 Section 98D replaced (Trafficking in persons) Replace section 98D with: 98D Trafficking in persons 1 A person commits an offence if— a the person does, arranges, organises, or procures 1 or more of the following acts in relation to another person who is in or outside New Zealand (the trafficked person ): i the recruitment of the trafficked person: ii the transportation of the trafficked person: iii the transfer of the trafficked person: iv the harbouring of the trafficked person: v the reception of the trafficked person; and b the person carries out that conduct knowing that it involves, or will involve, 1 or more of the following: i an act of coercion against the trafficked person: ii an act of deception against the trafficked person: iii the abuse of power over the trafficked person: iv the abuse of the trafficked person’s position of vulnerability: v the giving or receiving of a payment or benefit for the purposes of enabling any person to exercise control over the trafficked person; and c the person carries out that conduct for the purposes of the exploitation of, or facilitating the exploitation of, the trafficked person (whether or not the conduct is also carried out for any other purpose). 2 For the purposes of subsection (1) , the conduct described in paragraphs (a) and (b) subsection (1)(a) and (b)(i) to (v) does not need to occur at the same time or place. 3 A person commits an offence if— a the person does, arranges, organises, or procures 1 or more of the following acts in relation to a person under the age of 18 years who is in or outside New Zealand (the trafficked child ): i the recruitment of the trafficked child: ii the transportation of the trafficked child: iii the transfer of the trafficked child: iv the harbouring of the trafficked child: v the reception of the trafficked child; and b the person carries out that conduct for the purposes of the exploitation of, or facilitating the exploitation of, the trafficked child (whether or not the conduct is also carried out for any other purpose). 4 It is a defence to a charge under subsection (3) if the person charged proves that, at the time they carried out the conduct concerned, they believed on reasonable grounds that the trafficked child was aged 18 years or over. 5 A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 20 years or a fine not exceeding $500,000 (or both). 6 It is not a defence to a charge under this section that— a the trafficked person or child consented to any conduct constituting any element of the offence; or b the trafficked person or child was not in fact exploited; or c any act described in subsection (1)(a) or (3)(a) that is alleged to have been arranged, organised, or procured by a person was not in fact done. 17 Section 98E amended (Aggravating factors) In section 98E(2)(a), delete (for example, sexual exploitation, a requirement to undertake forced labour, or the removal of organs) . Repeal section 98E(3). 17A Section 98F amended (Attorney-General’s consent to prosecutions required) After section 98F(1), insert: 1A However, the Attorney-General’s consent is not required for proceedings to be brought in relation to an offence against section 98D if all the acts and omissions alleged to constitute the offence, and every event necessary to the completion of the alleged offence, occurred wholly inside New Zealand. 18 Section 98AA amended (Dealing in people under 18 for sexual exploitation, removal of body parts, or engagement in forced labour) After section 98AA(7), insert: 7A Proceedings under this section must not be brought or continued against any constable in respect of any act committed by them at a time or during a period when they are acting as an undercover officer, except with the leave of the Attorney-General. 7B In subsection (7A) , undercover officer — a means a constable whose identity is for the time being concealed for the purposes of a particular investigation or operation in connection with this section; and b includes any other constable who is for the time being directing or assisting that constable in the course of that investigation or operation. 7C A certificate signed by the Commissioner of Police to the effect that, at any specified time or during any specified period, the constable named in the certificate was acting as an undercover officer is, for the purposes of subsection (7A) , conclusive evidence of that fact. 19 New section 171A inserted (Manslaughter by strike to head or neck) After section 171, insert: 171A Manslaughter by strike to head or neck 1 Except as provided in section 178, culpable homicide not amounting to murder is manslaughter if it consists in the killing of a person by a strike to their head or neck in circumstances where they had limited or no opportunity to defend themselves. 2 Manslaughter is punishable by imprisonment for life in accordance with section 177. 3 This section does not affect or limit the application of section 171 in relation to— a culpable homicide to which this section applies: b any other culpable homicide. 19A New section 171B inserted (Alternative verdict of manslaughter) After section 171, insert: 171B Alternative verdict of manslaughter 1 This section applies if a person is charged with an offence against section 171A. 2 If, on the trial of a person for an offence against section 171A, the trier of fact is not satisfied beyond reasonable doubt that the person is guilty of that offence, but is satisfied beyond reasonable doubt that the person is guilty of manslaughter, the person may be found not guilty of the offence charged but guilty of manslaughter. 3 A person may be convicted of manslaughter under subsection (2) whether or not manslaughter is expressly charged. 4 Nothing in this section limits section 143 of the Criminal Procedure Act 2011. 20 New section 188A inserted (Wounding with intent by strike to head or neck) After section 188, insert: 188A Wounding with intent by strike to head or neck Striking with intent to cause grievous bodily harm 1 A person commits an offence if they strike any other person— a in the head or neck; and b in circumstances where the other person has no or limited opportunity to defend themselves; and c in a manner that wounds, maims, disfigures, or causes grievous bodily harm to the other person; and d with intent to cause grievous bodily harm to any person. 2 A person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 15 years. Striking with intent to injure or with reckless disregard 3 A person commits an offence if they strike any other person— a in the head or neck; and b in circumstances where the other person has no or limited opportunity to defend themselves; and c in a manner that wounds, maims, disfigures, or causes grievous bodily harm to the other person; and d either— i with intent to injure any person; or ii with reckless disregard for the safety of others. 4 A person who commits an offence against subsection (3) is liable on conviction to imprisonment for a term not exceeding 8 years. 21 Section 2 amended (Interpretation) In section 2(1), insert in their appropriate alphabetical order: corrections officer has the same meaning as the meaning given to officer in section 3(1) of the Corrections Act 2004 first responder means any of the following: a a constable: b an authorised officer (as defined in section 4 of the Policing Act 2008): c a person who has a legal duty (under any enactment, employment agreement, other binding agreement or arrangement, or other source) to, at the scene of an emergency, provide services that are— i ambulance services, first aid, or medical or paramedical care; or ii designated services (as defined in section 6 of the Fire and Emergency New Zealand Act 2017) 22 Section 189 amended (Injuring with intent) After section 189(2), insert: 3 A person commits an offence if— a the person injures— i any first responder acting in the course of their duty; or ii any corrections officer acting in the course of their duty; and b the person does so— i with intent to injure any first responder or corrections officer; or ii with reckless disregard for the safety of any first responder or corrections officer. 4 A person who commits an offence against subsection (3) is liable on conviction to imprisonment for a term not exceeding 7 years. 23 Section 192 amended (Aggravated assault) Replace section 192(2) with: 2 A person commits an offence if the person assaults— a any first responder acting in the course of their duty; or b any corrections officer acting in the course of their duty. 3 A person commits an offence if the person assaults— a any person acting in aid of any constable while the constable is acting in the course of their duty; or b any person in the lawful execution of any process, with intent to obstruct that person in the execution of their duty. 4 A person who commits an offence against subsection (2) or (3) is liable on conviction to imprisonment for a term not exceeding 3 years. 24 Section 193 amended (Assault with intent to injure) In section 193, insert as subsections (2) and (3) : 2 A person commits an offence if— a the person assaults— i any first responder acting in the course of their duty; or ii any corrections officer acting in the course of their duty; and b the person does so with intent to injure any first responder or corrections officer. 3 A person who commits an offence against subsection (2) is liable on conviction to imprisonment for a term not exceeding 5 years. 25 New section 219A inserted (Theft in offensive, threatening, insulting, or disorderly manner) After section 219, insert: 219A Theft in offensive, threatening, insulting, or disorderly manner 1 A person commits an offence if— a the person commits theft in an offensive, threatening, insulting, or disorderly manner; and b the value of the property stolen does not exceed $2,000. 2 A person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 2 years. 26 Section 223 amended (Punishment of theft) In section 223, after except under section , insert 219A or . In section 223(b), replace $1,000 with $2,000 . Repeal section 223(c). In section 223(d),— a replace $500 with $2,000 ; and b replace 3 months with 1 year . 27 Section 241 amended (Punishment of obtaining by deception or causing loss by deception) In section 241(a), replace $1,000 with $2,000 . Repeal section 241(b). In section 241(c),— a replace $500 with $2,000 ; and b replace 3 months with 1 year . 28 Section 247 amended (Punishment of receiving) In section 247(a), replace $1,000 with $2,000 . Repeal section 247(b). In section 247(c),— a replace $500 with $2,000 ; and b replace 3 months with 1 year . 29 Principal Act This subpart amends the Summary Offences Act 1981. 30 Section 10 repealed (Assault on Police, prison, or traffic officer) Repeal section 10. 30A New section 14AA inserted (Removing property from retail premises without payment) After section 14, insert: 14AA Removing property from retail premises without payment 1 A person commits an infringement offence if, without reasonable excuse, the person removes property from a retail premises without payment. 2 A person who commits an infringement offence against this section is liable to a fine imposed by a court not exceeding— a $750 if the value of the property removed is equal to or less than $500; or b $1,500 if the value of the property removed is more than $500. 3 In this section, retail premises means a building, place, or part of a building or place, where goods are offered for sale to members of the public or a section of the public, but does not include a private home where any of the owner’s or occupier’s property is being sold. 30B Sections 38A to 38C replaced Replace sections 38A to 38C with: 38A Interpretation In sections 38B to 38E,— infringement fee ,— a for an infringement offence under section 14AA(1) , means— i $500 if the value of the property removed is equal to or less than $500; or ii $1,000 if the value of the property removed is more than $500; and b for an infringement offence under section 38(3), means $200 infringement offence means an offence under section 14AA(1) or 38(3). 38B Infringement offences 1 A person who is alleged to have committed an infringement offence may— a be proceeded against by the filing of a charging document under section 14 of the Criminal Procedure Act 2011; or b be issued with an infringement notice under section 38C . 2 Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or Registrar under section 21(1)(a) of the Summary Proceedings Act 1957. 3 No person arrested under section 39 may be issued with an infringement notice under section 38C . 4 See section 21 of the Summary Proceedings Act 1957 for the procedure that applies if an infringement notice is issued. 38C When infringement notice may be issued A constable may issue an infringement notice to a person if the constable believes on reasonable grounds that the person is committing, or has committed, an infringement offence. 38CA Revocation of infringement notice before payment made 1 The Police may revoke an infringement notice before— a the infringement fee is paid; or b an order for payment of a fine is made or deemed to be made by a court under section 21 of the Summary Proceedings Act 1957. 2 The Police must take reasonable steps to ensure that the person to whom the notice was issued is made aware of the revocation of the notice. 3 The revocation of an infringement notice before the infringement fee is paid is not a bar to any further action as described in section 38B(1)(a) or (b) against the person to whom the notice was issued in respect of the same matter. 38CB What infringement notice must contain An infringement notice must be in the form prescribed in the regulations made under section 38E and must contain the following particulars: a details of the alleged infringement offence that fairly inform a person of the time, place, and nature of the alleged offence: b the amount of the infringement fee: c the address of the place where the infringement fee may be paid: d how the infringement fee may be paid: e the time within which the infringement fee must be paid: f a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957: g a statement that the person served with the notice has a right to request a hearing: h a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing: i any other matters prescribed in the regulations. 38CC How infringement notice may be served 1 An infringement notice may be served on the person who the constable who issued the infringement notice believes is committing or has committed the infringement offence by any constable— a delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or b leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 14 years; or c leaving it for the person at the person’s place of business or work with another person; or d sending it to the person by prepaid post addressed to the person’s last known place of residence or place of business or work or last known postal address; or e sending it to the person by electronic means to an electronic address of the person. 2 Unless the contrary is shown,— a an infringement notice (or a copy of it) sent by prepaid post to a person under subsection (1) is to be treated as having been served on that person on the fifth working day after the date on which it was posted; and b an infringement notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first entered an information system that is outside the control of the Police. 3 In this section, unless the context otherwise requires, electronic address , in relation to a person, means— a an electronic address that the person has given to the Police; or b otherwise, the person’s last known electronic address. 30C New section 38DA inserted (Service of reminder notices) After section 38D, insert: 38DA Service of reminder notices Despite section 24(1)(e) of the Summary Proceedings Act 1957, a reminder notice may be served on a person for the purposes of section 21(2) of that Act by serving the notice in accordance with section 38CC(1)(d) or (e) in addition to the other modes of service set out in section 24(1) of that Act and without otherwise limiting or affecting the operation of section 24 of that Act. 30D Section 39 amended (Arrest) In section 39(1), replace sections 17 with sections 14AA , 17 . In section 39(2), replace sections 17 with sections 14AA , 17 . 30E Section 40 amended (Jurisdiction) In section 40(2), after 7, , insert 14AA , . 31 Consequential amendments to legislation Amend the legislation specified in the Schedule as set out in that schedule. Consequential amendments to legislation In section 2(1), definition of act of violence , paragraph (b), after 188, , insert 188A , . In section 5A(3)(b), replace and 171 with 171, and 171A . Replace section 5A(3)(b) with: b in circumstances where the conduct concerned is the same as conduct described as— i manslaughter under sections 158, 160, and 171 of the Crimes Act 1961, is liable on conviction to imprisonment for life; or ii manslaughter by strike to head or neck under sections 158, 160, and 171A of the Crimes Act 1961, is liable on conviction to imprisonment for life. After section 10(2)(f), insert: fa section 171A (manslaughter by strike to head or neck): After section 10(2)(h), insert: ha section 188A (wounding with intent by strike to head or neck): In Schedule 2, after clause 1(22), insert: 22A section 171A (manslaughter by strike to head or neck): In Schedule 2, after clause 1(28), insert: 28A section 188A (wounding with intent by strike to head or neck): In Schedule 1, insert in their appropriate numerical order: This table is small in size and has 2 columns. This table is an amendment to the table in Schedule 1 of the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 and should be read with that table to provide understanding of the context. 171A Manslaughter by strike to head or neck 188A Wounding with intent by strike to head or neck In Schedule 1, Part 1, insert in their appropriate numerical order: The following table is small in size and has 2 columns. This table is an amendment to the table in Schedule 1 of the Criminal Investigations (Bodily Samples) Act 1995 and should be read with that table to provide understanding of the context. Manslaughter by strike to head or neck section 171A Wounding with intent by strike to head or neck section 188A Injuring with intent to injure any first responder or corrections officer section 189(3) In Schedule 1, Part 1, after the item relating to section 103, insert: The following table is small in size and has 2 columns. This table is an amendment to the table in Schedule 1 of the Criminal Procedure Act 2011 and should be read with that table to provide understanding of the context. Section 171A Manslaughter by strike to head or neck In section 29A(4), definition of specified serious offence , after paragraph (c)(v), insert: va section 188A (wounding with intent by strike to head or neck): In section 2, definition of act of violence , paragraph (b), after sections 188, , insert 188A , . After section 6(1)(a)(ii), insert: iii manslaughter by strike to head or neck under section 171A of the Crimes Act 1961; or After section 7(1)(b), insert: c against section 6(1)(a)(iii) must be sentenced as if the person had been convicted of manslaughter by strike to head or neck under the Crimes Act 1961. In Schedule 1, item 2, second column (which relates to the Crimes Act 1961), insert in their appropriate numerical order: The following table is small in size and has 2 columns. This table is an amendment to the table in Schedule 1 of the Mutual Assistance in Criminal Matters Act 1992 and should be read with that table to provide understanding of the context. 171A Manslaughter by strike to head or neck 188A Wounding with intent by strike to head or neck 189(3) Injuring with intent to injure any first responder or corrections officer In Schedule 1A, after the item relating to wounding with intent to cause grievous bodily harm, insert: The following table is small in size and has 2 columns. This table is an amendment to the table in Schedule 1A of the Oranga Tamariki Act 1989 and should be read with that table to provide understanding of the context. Wounding with intent to cause grievous bodily harm by strike to head or neck Crimes Act 1961, section 188A(1) Before section 107B(2A)(a), insert: aaa section 171A (manslaughter by strike to head or neck): After section 107B(2A)(f), insert: fa section 188A (wounding with intent by strike to head or neck): In section 3, definition of serious sexual or violent offence , paragraph (a)(ii), after 188, , insert 188A , . In section 87(5)(b),— a after sections 171, , insert 171A , ; and b after 188, , insert 188A , . In Schedule 1AB, insert in their appropriate numerical order: The following table is small in size and has 2 columns. This table is an amendment to the table in Schedule 1AB of the Sentencing Act 2002 and should be read with that table to provide understanding of the context. s 171A Manslaughter by strike to head or neck s 188A(1) Wounding with intent to cause grievous bodily harm by strike to head or neck s 188A(3) Wounding with intent to injure by strike to head or neck s 189(3) Injuring with intent to injure any first responder or corrections officer In Schedule 3, Part 1, insert in their appropriate numerical order: The following table is small in size and has 2 columns. This table is an amendment to the table in Schedule 3 of the Summary Offences Act 1981 and should be read with that table to provide understanding of the context. 171A Manslaughter by strike to head or neck 188A Wounding with intent by strike to head or neck 189(3) Injuring with intent to injure any first responder or corrections officer In section 2(1), definition of infringement notice , after paragraph (jm), insert: jn section 38C of the Summary Offences Act 1981; or In section 4, definition of specified violent offence , after paragraph (16), insert: 16A section 171A (manslaughter by strike to head or neck): In section 4, definition of specified violent offence , after paragraph (23), insert: 23A section 188A (wounding with intent by strike to head or neck): In Schedule 2, after the item relating to section 188 of the Crimes Act 1961, insert: The following table is small in size and has 2 columns. This table is an amendment to the table in Schedule 2 of the Residential Care and Disability Support Services Regulations 2018 and should be read with that table to provide understanding of the context. 188A Wounding with intent by strike to head or neck