New Zealand Acts

ARMS ACT 1983 - SECT 55H

55H Extraterritorial jurisdiction for offences against section 55D, 55E, 55F, or 55G

1 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 55D, 55E, 55F, or 55G —

a) if the person to be charged—

i) is a New Zealand citizen; or

ii) is ordinarily resident in New Zealand; or

iii) has been found in New Zealand and has not been extradited; or

iv) is an entity incorporated or registered under the law of New Zealand; or

b) if any of the acts or omissions are alleged to have occurred on board—

i) a ship registered, or required to be registered, under the Ship Registration Act 1992 ; or

ii) a ship used as a ship of the New Zealand Defence Force; or

iii) an aircraft registered, or required to be registered, in New Zealand under the Civil Aviation Act 1990 ; or

iv) an aircraft for the time being used as an aircraft of the New Zealand Defence Force; or

v) 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.

2 The following sections do not apply to an offence against section 55D, 55E, 55F, or 55G :

a) section 8 of the Crimes Act 1961 (which relates to jurisdiction in respect of crimes on ships or aircraft beyond New Zealand):

b) 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).

3 Nothing in this section limits—

a) the application of section 55D, 55E, 55F, or 55G to acts or omissions that occurred wholly in New Zealand; or

b) the application of section 7 of the Crimes Act 1961 to the occurrence in New Zealand of—

i) an act or omission forming part of an offence; or

ii) an event necessary to the completion of an offence; or

c) the application of section 8A of the Crimes Act 1961 .

History: Section 55H: inserted, on 25 June 2020, by section 83 of the Arms Legislation Act 2020 (2020 No 23).