Forgery

Question 1

Forgery
Act/Section (1)

And

Forgery
Act/Section (2)

Answer 1

Crimes Act 1961 Section 256(1)
- Everyone who
- makes a false document
- with the intention of using it to obtain any PPPVSB

Crimes Act 1961 Section 256(2)
- Everyone who
- 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 2

When is forgery complete? (3) and (4)
Act/Section

Answer 2

Crimes Act 1961 Section 256(3)

Forgery is complete as soon as the document is made with the intent described in subsection (1) or with the knowledge and intention described in subsection (2)

Crimes Act 1961 Section 256(4)

Forgery may be complete and the offence committed even if the document is not completed or is not in a legally effected form, if it is made to indicate it was intended to be acted upon as genuine.

Question 3

False document defintion
Act/Section

Answer 3

Crimes Act 1961 Section 255

Means a document -

(a) Of which the whole or material part purports to be made by any person who did not make it

(b) Of which the whole or material part purports to be made by or on behalf of any person who did not make or authorise its making

(c) Of which the whole or material part has been altered and that purports to have been altered by or on behalf of a person who did not alter or authorise its alteration

(d) That is 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

(e) Made in the name of a person, with the intention that it should pass as being made by some other person

Question 4

Example of material alterations to a document:

Answer 4

AIDER O

• addition
• insertions
• deletions
• erasures
• removal of materials or otherwise
• obliterations

Question 5

Material alteration defintion

Answer 5

An alteration is a material alteration if it increases the value or negotiability of a document or instrument. A false document can be made by making material alterations to a genuine document.

Question 6

What must the prosecution prove in respect of forgery?

Answer 6

That the defendant, knowing that the document was false, intended either:
- to use the false document to obtain PPPVSB, or
- that the false document be used or acted on as genuine

Question 7

Examples of forgery

Answer 7

WPFF

• Writing an exam paper in the name of another person who is required to sit the exam
• Pre-dating a deed to give it priority over another
• Forging letters of recommendation for a CV that are necessary to obtain a position
• Falsely completing a statement of service on a witness summons

Question 8

Is a photocopy of a false document forgery?

Answer 8

No, a photocopy claims merely to be a copy and therefore does not “tell a lie about itself”.