Forgery and Associated Offences

Question 1

Forgery

Answer 1

Section 256 Crimes Act 1961

(1) Everyone is liable to imprisonment for a term not exceeding 10 years who make a false document with the intention of using it to obtain property, privilege, service, pecuniary advantage, benefit or valuable consideration.
(2) Everyone is liable to imprisonment for a term not exceeding 3 years who makes a false document, knowing it to be false, with the intent that it may be used or acted upon, whether in NZ or elsewhere, as genuine.
(3) Forgery is complete as soon as the document is made with the intent described in sub (1) or with the knowledge and intent described in sub (2).
(4) Forgery is complete even though the false document may be incomplete, or may not purport to be such a document as would be blinding or sufficient in law, if it is so made and is such as to indicate that it was intended to be acted upon as genuine.

Question 2

Forgery Use

Answer 2

Not requirement for the document to be used for a charge.

Question 3

False Document

Answer 3

Section 255 Crimes Act 1961

Essentially, a false document must lie about itself, intended to convey a lie in cases where it has been written by someone intending to pass it off as having been written by somebody else.

Eg Goldie Painting.

Question 4

Material Alteration

Answer 4

• Additions
• Insertions
• Deletions
• Obliterations
• Erasures
• Removal of material or otherwise

Question 5

Specified Intent

Answer 5

• Use the false document to obtain

- That false document to be used or acted upon as genuine

Question 6

Examples of Forgery

Answer 6

• Writing an exam on behalf of someone
• Pre-dating a deed to give it priority over another
• Forging letters of recommendation for a CV
• Falsely completing a statement of service on a witness summons.

Question 7

Using forged documents

Answer 7

Section 257 Crimes Act 1961

(1) Everyone is liable to imprisonment for a term not exceeding 10 years who, knowing a document to be forged, -

(a) uses, the document to obtain 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 t use, deal with, or act upon it as if it were genuine.

(2) For the purposes of this section, a document made or altered outside NZ in a manner that would’ve amounted to forgery if the making or alteration had bee done in NZ shall be deemed to be a forged document.

Question 8

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

Answer 8

Section 258 Crimes Act 1961

(1) Everyone is liable to imprisonment for a term not exceeding 10 years who, with intent to obtain by any deception any property , privilege, service, pecuniary advantage, benefit or valuable consideration, or to cause loss to any other person, -

(a) alters, conceals 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.

(2) An offence against sub (1) is complete as soon as the altercation or document is made with the intent referred in that subsection, although the offender may not have intended that any particular person should -

(a) use or act upon the document altered or made; or
(b) act on the basis of the absence of the document concealed or destroyed; or
(c) be induced to do or refrained from doing anything.

Question 9

Forgery v Altering Etc

Answer 9

Document and Intent:

• With forgery, an intent to deceive only is required, not an intent to obtain by deception, which is Altering Etc.
• Any document can be altered etc, however, forgery document must be a false document as defined in sec. 255, CA1961.

Question 10

Using Altered or Reproduced Document with Intent to Deceive

Answer 10

Section 259 Crimes Act 1961

(1) Everyone is liable to imprisonment for a term not exceeding 10 years how, knowing any document to have been altered in any manner with intent referred in sec 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 person to use or deal with, or act upon, the document.

(2) For the purposes of this section, it does not matter that the document was altered or made outside NZ.