Using, Altering or reproducing documents

Question 1

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

Answer 1

(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.
- The offence is complete as soon as the alteration or document is made with intent

Question 2

Alteration

Answer 2

A document is altered if it is changed in some manner

Question 3

Conceal

Answer 3

The actual hiding of a document or the denial of its existence

Question 4

Destruction

Answer 4

The end of its existence

Question 5

Reproduction

Answer 5

Producing a copy or representation of, or made in

imitation

Question 6

Forgery vs altering etc reproducing a document

Answer 6

With forgery, only an intent to deceive only is required, not an intent to obtain by deception.

In the offence of altering, concealing, destroying, or reproducing a document, you must prove that the offender intended to obtain by deception

Any document can be altered or reproduced in the charge of altering/reproducing etc. a document.

However, in a charge of forgery the document must be a ‘false document’

Question 7

259 Using altered or reproduced document with intent to deceive

Answer 7

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

Note: It does not matter that the document was altered or made outside New Zealand

Question 8

3 Mental Elements of S259

Answer 8

• Defendant must know that the document had been altered with intent to deceive.
• Intent to rely on the document to obtain by deception any property etc. or cause loss to any other person
• Intent to acquire or retain the property etc, or to
  cause loss, “by deception”