Crimes Act 1961

Crimes Act
New Zealand Parliament
  • An Act to consolidate and amend the Crimes Act 1908 and certain other enactments of the Parliament of New Zealand relating to crimes and other offences
Royal assent1 November 1961
Commenced1 January 1962
Legislative history
Passed1961
Amended by
Homosexual Law Reform Act 1986
Prostitution Reform Act 2003
Crimes (Substituted Section 59) Amendment Act 2007
Crimes Amendment Act (No 2) 2008
Abortion Legislation Act 2020
Related legislation
Status: Amended

The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908,[1] itself a successor of the Criminal Code Act 1893.[2] Most crimes in New Zealand are created by the Crimes Act, but some are created elsewhere. All common law offences are abolished by section 9, as are all offences against acts of the British Parliaments,[1] but section 20 saves the old common law defences where they are not specifically altered.[1]

The Crimes Act is administered by the Ministry of Justice. The act has 14 parts dealing with various issues including jurisdiction, punishments, "matters of justification and excuse", crimes against the public order, crimes affecting the administration of law and justice, "crimes against morality and decency, sexual crimes, and crimes against public welfare", "crimes against the person", property crimes, and "threatening, conspiring, and attempting to commit offences."[3] Over the years, the legislation has been amended by several new acts, including the Homosexual Law Reform Act 1986, the Prostitution Reform Act 2003, the Crimes (Substituted Section 59) Amendment Act 2007 ("anti-smacking law"), the Crimes Amendment Act (No 2) 2008, and the Abortion Legislation Act 2020.

  1. ^ a b c "Schedule 5: New Zealand enactments repealed". Legislation New Zealand. Parliamentary Counsel Office. Retrieved 31 March 2019.
  2. ^ Finn, Jeremy (2003). "Codification of the Criminal Law: the Australasian parliamentary experience". ir.canterbury.ac.nz. University of Canterbury. Retrieved 23 January 2020.
  3. ^ Crime Act 1961 (Act of Parliament). New Zealand Parliament. 1 November 1961.

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