Kiwicon - Lockpicking
Having lunch watching the pre-tutorial lock picking shenanigans at Kiwicon my mind naturally turned to the legal implications of wandering around with a set of lock picking tools.
Ten minutes of research found three provisions of note, two from the Crimes Act 1961 and another from the Summary Offences Act 1961. Basically two relate to possession of tools capable of being used for burglary, the other concerns possession of an instrument capable of being used for taking or converting a vehicle, plane or ship.
Of interest to me is the difference with regard to intent. Whilst the Crimes Act 1961 provisions refer to intent (mens rea) the Summary Offences Act refers to "circumstances that prima facie show an intention" therefore the actual intent of the person carrying the tools is not considered.
The provisions:
Possession of burglary tools - s 14 Summary Offences Act 1961
"Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000 who, without reasonable excuse, has in his possession any instrument capable of being used for burglary in circumstances that prima facie show an intention to use it for burglary."
Crimes Act 1961
Section 227 - Being in possession of instrument for conversion
"Every one is liable to imprisonment for a term not exceeding 1 year who, without lawful authority or excuse, has in his or her possession any instrument capable of being used for taking or converting any vehicle, ship, or aircraft with intent to use it for such a purpose."
Section 233 - Being disguised or in possession of instrument for burglary
"(1) Every one is liable to imprisonment for a term not exceeding 3 years who, without lawful authority or excuse,—
(a) has in his or her possession any instrument capable of being used for burglary with intent to use it for such a purpose; or
(b) has his or her face covered or is otherwise disguised with intent to commit any crime.
(2) If any person is convicted of being in possession of an instrument for burglary, the court may, if it thinks fit, order the in- strument to be forfeited to the Crown or disposed of as the court directs at the expense of the convicted person, and may order the person to pay any reasonable cost incurred by the Commissioner of Police in retaining the instrument."

