Definitions Flashcards
Accept
to receive something
Access
in relation to any computer system, means instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system
Act
to take action or do something, to bring about a result
Alter
to change in character or composition, typically in a comparatively small but significant way
Authorisation
includes an authorisation conferred on a person by or under an enactment or a rule of law, or by an order of a court or judicial process
Bank Note
For the purposes of section 255, 256 and 263 Crimes Act 1961, ‘bank note’ means any negotiable instrument used or intended for use as a currency and issued by the Reserve Bank of New Zealand, or by any bank in any country other than New Zealand, or by the government of any such country, or by any other authority authorised by law to issue notes
Benefit
special right or advantage
(Same as Privilege)
Claim of Right
in relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed
Computer system
a) means -
i) a computer; or
ii) 2 or more interconnected computers; or
iii) any communication links between computers or to remote terminals or another device; or
iv) 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device; and
b) includes any part of the items described in paragraph (a) and all related input, output, processing, storage, software, or communication facilities, and stored data
Conceal
means to conceal or disguise the property, and includes, without limitation:
* to convert the property from one form to another
* to conceal or disguise the nature, source, location, disposition or ownership of the property or any interest in the property
Contractors lien
a right over anothers property to protect a debt charged on that property
Control
to ‘control’ something means to exercise authoritative or dominating influence or command over it
Credit
Refers to the obligation on the debtor to pay or repay, and the time given for them to do so by the creditor.
Debt
Money owing from one person to another
Deception
a) a false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and -
i) knows that it is false in a material particular; or
ii) is reckless as to whether it is false in a material particular; or
b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or
c) a fraudulent devicem, trick, or stratagem used with intent to deceive any person
Deliver over
to surrender up someone or something
Destroy / destruction
to end the existence of
Device
plan, scheme or trick
Dishonestly
In relation to any act or omission, means done or omitted without a belief that there was expressed or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority
Document
means a document , or part of a document, in any form, and includes without limitation
a) any paper or other material used for writing or printing that is marked with matter capable of being read; or
b) any photograph, or any photographic negative, plate, slide, film, or microfilm, or any photostatic negative; or
c) any disc, tape, wire, sound track, card, or other material or device in or on which information, sounds, or other data are recorded, stored (whether temporarily or permanently), or emobodied so as to be capable, with or without the aid of some other equipment, of being reproduced; or
d) any material by means of which information is supplied, whether directly or by means of any equipment, to any device used for recording or storing or processing information; or
e) any material dervied, whether directly or by means of any equipment, from information recorded or stored or processed by any device used for recording or storing or processing information
Endorse
to write or sign on a document
Execute
to put a course of action into effect
False document
means a document -
a) of which the whole or any material part purports to be made by any person who did not make it, or by a fictitious person; or
b) of which the whole or any material part purports to be made by or on behalf of any person who did not authorise its making, or on behalf of a fictitious person; or
c) of which the whole or any material part has been altered, whether by addition, insertion, deletion, obliteration, erasure, removal, or otherwise, and that purports to have been altered by or on behalf of a person a person who did not alter it or authorise its making, or by on behalf of a fictitious person; or
d) that is, in whole or in part, a reproduction of any other document, and that purports to have been made by or on behalf of a person who did not make it or authorise its making, or by on behalf of a fictitious person; or
e) that is made in the name of a person, either by that person or by that persons authority, with the intention that is should pass as being made by some other person who did not make it, or by a fictitious person
Forgery
Forgery is making a false document with the intention of using it to obtain any property, privilege, service, pecuniary advantage, benefit or valuable consideration or 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
Induces
To persuade, bring about or give rise to
Knowledge
Knowing or correctly believing … the defendant may believe something wrongly but cannot ‘know’ something that is false
Liability
A legally enforceable financial obligation to pay (such as the cost of a meal)
Obtain
In relation to any person, means obtain or retain for himself or herself or for any other person
Omission
Inaction (i.e. not acting)
Ownership
synonymous with ‘title’
Person
Person, owner, and other words and expressions of the like kind, include the Crown and any public body or local authority, and any board, society, or company, and any other body of persons, whether incorporated or not, and the inhabitants of the district of any local authority, in relation to such acts and things as it or they are capable of doing or owning.
Privilege
special right or advantage
(same as Benefit)
Propensity evidence
evidence that tends to show a persons propensity to act in a particular way or to have a particular state of mind
Property
Reap and personal property, and any estate or interest in any real or personal property, money, electricity, any and debt, and anything in action, and any other right or interest
Representation
A thing that represents another. A statement made by way of allegation or to convey opinion.
Stratagem
a cunning plan or scheme especially for deceiving an enemy, or trickery
Takes
no specific definition, but can be read in conjunction with definition of Theft = for tangible property, theft is committed by a taking when the offender moves the property or causes it to be moved
Thing
a broad and encompassing concept, however a ‘thing’ must be tangible
Title
A right or claim to ownership of property
Trick
an action or scheme undertaken to fool, outwit or deceive
Use
can include a single action or the continuing use of a document
Voidable title
obtained when property is obtained by deception, fraud, duress or misrepresentation
Deal with
in relation to property, means to deal with the property in any manner and by any means, and includes, without limitation:
- to dispose of the property, whether by way of sale, purchase, girft or otherwise
- to transfer possession of the property
- to bring the property into New Zealand
- to remove the property from New Zealand
