Deception Liabilities

Question 1

Dishonestly Taking a Document

Answer 1

Crimes Act 1961, Section 228(1)(a)
7 years

• With intent to obtain any property, service, pecuniary advantage, or valuable consideration
• Dishonestly and without claim of right
• Takes or obtains any document

Question 2

Dishonestly Using a Document

Answer 2

Crimes Act 1961, Section 228(1)(b)
7 years

• With intent to obtain any property, service, pecuniary advantage, or valuable consideration
• Dishonestly and without claim of right
• Uses or attempts to use any document.

Question 3

Obtaining by Deception
(obtains possession)

Answer 3

Crimes Act 1961, Section 240(1)(a)

• By any deception
• Without claim of right
• obtains ownership or possession of, or control over, any property, or any privilege, service, pecuniary advantage, benefit, or valuable consideration, directly or indirectly

Question 4

Obtaining by Deception
(obtains credit)

Answer 4

Crimes Act 1961, Section 240(1)(b)

• By any deception
• Without claim of right
• in incurring any debt or liability, obtains credit

Question 5

Obtaining by Deception
(induces or causes other person)

Answer 5

Crimes Act 1961, Section 240(1)(c)

• By any deception
• Without claim of right
• induces or causes any other person to deliver over, execute, make, accept, endorse, destroy, or alter any document or thing capable of being used to derive a pecuniary advantage

Question 6

Causing Loss by Deception

Answer 6

Crimes Act 1961, Section 240(1)(d)

• By any deception
• Without claim of right
• causes loss to any other person

Question 7

Forgery
(intention of using false document)

Answer 7

Crimes Act 1961, Section 256(1)
10 years

• Makes a false document
• with the intention of using it
• to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration.

Question 8

Forgery
(knowing it to be false)

Answer 8

Crimes Act 1961, Section 256(2)
3 years

• Makes a false document
• knowing it to be false
• with the intent that it in any way be used or acted upon, whether in New Zealand or elsewhere, as genuine

Question 9

Using forged documents

Answer 9

Crimes Act 1961, Section 257(1)
10 years

• Knowing a document to be forged,
• (a) uses the document to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
• (b) uses, deals with, or acts upon the document as if it were genuine; or
• (c) causes any other person to use, deal with, or act upon it as if it were genuine.

Question 10

Altering, concealing, destroying, or reporoducing documents with intent to deceive

Answer 10

Crimes Act 1961, Section 258(1)
10 years

• With intent to obtain by deception
• any property, privilege, service, pecuniary advantage, benefit, or valuable consideration, or to cause loss to any other person,
• (a) alters, concals, or destroys any document, or causes any document to be altered, concealed, or destroyed; or
• (b) makes a document or causes a document to be made that is, in whole or in part, a reproduction of any other document.

Question 11

Using altered or reproduced document with intent to deceive

Answer 11

Crimes Act 1961, Section 259(1)
10 years

• Knowing any document to have been made or altered in the manner and with the intent referred to in section 258
• with intent to obtain by deception
• any property, privilege, service, pecuniary advantage, benefit, or valuable consideration, or to cause loss to any other person,
• (a) uses or deals with, or acts upon, the document; or
• (b) causes any other person to use or deal with, or act upon, the document.

Question 12

Accessing computer system for dishonest purpose

Answer 12

Crimes Act 1961, Section 249

• (1) Directly or indirectly
• accesses any computer system and thereby
• dishonestly or by deception
• without claim of right
• (a) obtains any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
• (b) causes loss to any other person.
• (2) Directly or indirectly
• accesses any cmputer system with intent
• dishonestly or by deception
• without claim of right
• (a) to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
• (b) to cause loss to any other person.