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New Zealand Legislation on the Age of Sexual Consent

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Offences Against the Person Act 1867

 

Age of consent:  12

 

There were separate offences for procuring any women or girl under the age of 21 (section 46), carnally knowing any girl under the age of 10 (section 47), carnally knowing any girl between 10 and 12 (section 48), and indecent assault or attempting to have carnal knowledge of any girl under 12 (section 49).

 

 

Offences Against the Person Act 1889

 

Age of consent:  14

 

2. (1.)  Whosoever unlawfully and carnally knows, or attempts to have unlawful carnal knowledge of, any girl being of or above the age of twelve years and under the age of fourteen years, is guilty of a misdemeanour, and on conviction is liable at the discretion of the

Court to be kept in penal servitude for any term not exceeding five years, or be imprisoned for any term not exceeding two years, with or without hard labour.

(2.)  It shall be no defence to an indictment for an indecent assault on a female under the age of fourteen years that she consented to the act of indecency.”

 

 

Criminal Code Act 1893

 

Age of consent:  14

 

“196.  Everyone is liable to five years’ imprisonment with hard labour who unlawfully carnally knows or attempts to unlawfully carnally know any girl being of or above the age of twelve years and under the age of fourteen years.  It shall be no defence to an indictment for an offence under this section committed upon a girl under the age of fourteen that she consented to such offence.”

 

 

Criminal Code Amendment Act 1894

 

Age of consent raised to 15

 

“2.  Sections one hundred and eighty-eight and one hundred and ninety-six of “The Criminal Code Act, 1893,” are hereby respectively amended by the substitution of the word “fifteen” for the word “fourteen,” wherever this word occurs in the aforesaid sections and in the provisoes thereof respectively.”

 

 

Criminal Code Amendment Act 1896

 

Age of consent raised to 16

 

“3.  Sections one hundred and eighty-eight and one hundred and ninety-six of the principal Act are hereby amended by substituting the word “sixteen” in lieu of the word “fourteen” wherever this word occurs in the aforesaid sections and in the provisoes thereof respectively as originally passed.”

 

 

Crimes Act 1908

 

Age of consent: 16

 

There were separate offences for carnal knowledge or attempting to have carnal knowledge of any girl under the age of 10 (section 214) or between 10 and 12 (section 215), or between 12 and 16 (section 216).

 

 

Crimes Act 1961

 

Age of consent:  16

 

There were separate offences for indecency with a girl under 12 (section 133), and sexual intercourse or indecency with a girl between 12 and 16 (section 134).

 

 

 

 

26 June 2014