Forgery & Associated Offences

Question 1

Forgery

Section and Elements

Answer 1

S256 CA61

(1) Every one is liable to imprisonment for a term not exceeding 10 years who makes a false document with the intention of using it to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration.

(2) Every one 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 in any way be used or acted upon, whether in New Zealand or elsewhere, as genuine.

Question 2

Forgery

Legislation - When is it complete

Answer 2

S256 CA61

(3) Forgery is complete as soon as the document is made with the intent described in subsection (1) or with the knowledge and intent described in subsection (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 binding 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 3

False Document

Answer 3

S255 CA61

A false document is a document where the whole or material part:

• Purports to be made by or on behalf of a person who did not make it or authorise its making
• Has been altered by addition, insertion, deletion, obliteration, erasure, removal, or otherwise, and purports to be altered by or on behalf of a person who did not alter it or authorise its alteration
• A reproduction of any other document that purports to be made by or on behalf of a person who did not make it or authorise its making
• Made in the name of a person, with the intention it should pass as being made by some other person who did not make it

Person includes fictitious person

Question 4

Examples of Material Alterations to a document

Answer 4

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

Question 5

Material Alteration

Definition

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

Photocopy

Answer 6

A photocopy of a false document claims merely to be a copy and, therefore, does not ‘tell a lie about itself’

Question 7

Examples of Forgery

Answer 7

• writing an examination 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 inclusion in a CV that are necessary to obtain a position
• falsely completing a statement of service on a witness summons

Question 8

Using Forged Documents

Section and Elements

Answer 8

S257 CA61

(1) Every one is liable to imprisonment for a term not exceeding 10 years who, 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.

(2) For the purposes of this section, a document made or altered outside New Zealand in a manner that would have amounted to forgery if the making or alteration had been done in New Zealand shall be deemed to be a forged document

Question 9

Altering etc or Reproducing Documents

Section and Elements

Answer 9

S258 CA61

(1) Every one is liable to imprisonment for a term not exceeding 10 years who, 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, 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.

Question 10

Altering etc or Reproducing Documents

When offence is complete

Answer 10

S258 CA61

(2) An offence against subsection (1) is complete as soon as the alteration or document is made with the intent referred to 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 refrain from doing anything.

Question 11

Using Altered or Reproduced Documents

Section and Elements

Answer 11

S259 CA61

(1) Every one is liable to imprisonment for a term not exceeding 10 years who, 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 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 New Zealand.