Crimes (Modernisation of Treason) Amendment Bill

1. Title

This Act may be cited as the Crimes (Modernisation of Treason) Amendment Act 2020.

2. Commencement

This Act comes into force on the day after receiving the Royal Assent.

3. Purpose

The purpose of this Act is to replace the current criminal offence of treason with a definition which reflects modern circumstances.

4. Principal Act amended

This Act amends the Crimes Act 1961 (the principal Act).

5. Section 73 replaced (Treason)

Replace section 73 with the following:

73. Treason

Every person owing allegiance to the Sovereign in right of New Zealand commits treason who, within or outside New Zealand,—

• (a) kills, restrains, or does grievous bodily harm to the Sovereign in right of New Zealand; or

• (b) levies war or conducts attacks against New Zealand; or

• (c) assists an enemy at war with New Zealand, or any armed forces or organisation against which New Zealand forces are engaged in hostilities, whether or not a state of war exists between New Zealand and the enemy; or

• (d) incites or assists any person with force or with planning and intelligence to invade or attack New Zealand; or

• (e) uses force for the purpose of overthrowing the Government of New Zealand; or

• (f) conspires or shares information with knowledge with any person to do anything mentioned in this section.

Explantory note

General policy statement

This bill redefines the criminal offence of treason. Since the offence of treason was established in the 1960s, largely based on language from a law in 1905 and the Canadian Criminal Code of the 1950s, there has been a greater focus on asymmetric and non-military security threats in this country. The threat which most clearly comes to mind is that of terrorism, as seen with a small number of New Zealanders going off to fight on the side of the Islamic State, but it may also include state espionage as well. The new definition of treason brought forth by this bill will cover such persons who either phsically help or share critical intelligence to violent, hostile entities that this country is in conflict with.

Section by section analysis

Section 1 is the Title section.

Section 2 is the Commencement section.

Section 3 is the Purpose section.

Section 4 identifies the Crimes Act 1961 as the principal Act.

Section 5 inserts a new section to define the criminal offence of treason. This new definition clarifies some existing language regarding crimes against the Sovereign and extends the application of the offence of treason to more contemporarily relevant situations, such as terrorism.

B.323 - Crimes (Modernisation of Treason) Amendment Bill was authored by /u/SoSaturnistic (Labour) and is sponsored by the Minister of Justice, /u/toastinrussian (Forwards!), on behalf of the government.

Debate will conclude at 6 PM, 06/09/2020.