Navigating Dishonesty Offences in New Zealand: Theft, Shoplifting, and Burglary

Offences involving the taking of property are among the most common crimes in New Zealand, governed by the Crimes Act 1961. Public interest often centres on the stark differences in penalties between low-level theft (like shoplifting) and the much more severe crime of burglary.
The key distinction lies in the concept of entry and intent.

Theft and Shoplifting (The Value-Based crime)

​Theft is the foundational dishonesty offence, defined as dishonestly and without a claim of right taking any property with the intention of permanently depriving the owner of it. Shoplifting is the most common form of theft.

Penalties are Based on Monetary Value

For a charge of Theft (Section 223 of the Crimes Act), the maximum penalty is strictly tied to the financial value of the goods stolen.

Value of Property Stolen	Maximum Penalty	Common Sentencing Outcome
Does not exceed $500	Up to 3 months imprisonment.	Often resolved via Police Diversion, fines, or community work for first-time offenders.
Exceeds $500 but does not exceed $1,000	Up to 1 year imprisonment.	--
Exceeds $1,000	Up to 7 years imprisonment.	Reserved for significant thefts.

Burglary (The Entry-Based Crime)

Burglary is a far more serious offense because it involves an illegal intrusion, regardless of what is actually taken.

The Crucial Legal Distinction

​Burglary is defined as:

1. Entering any building or ship, or part of one, without authority, AND
2. With intent to commit an imprisonable offence inside (which is almost always theft).
   
   

Crucially, the crime of burglary is complete the moment the unlawful entry with intent occurs; the actual theft does not need to succeed.

Penalties for Burglary

The maximum sentences for Burglary are significantly higher than for Theft, reflecting the violation of private property and personal safety.

Offence Category	Key Aggravating Factor	Maximum Penalty
Standard Burglary	Unlawful entry of a property with criminal intent.	Up to 10 years imprisonment.
Aggravated Burglary	Burglary committed while armed with a weapon or while in the company of another person.	Up to 14 years imprisonment.

The Legal Overlap: Theft that Becomes Burglary

A common search topic relates to the legal jump from a low-level Theft charge to a serious Burglary charge. This happens when:

• A person is issued a formal trespass notice by a store, banning them from the premises.
• The individual subsequently re-enters that store with the intent to shoplift.
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Because the trespass notice revokes the person's public right to enter, their entry is now "without authority." If they enter with the intent to commit theft, the offence is legally converted into Burglary, which exposes the offender to a maximum penalty of 10 years imprisonment.

Sentencing and Legal Outcomes

For first-time or lower-level offenders in both Theft and Burglary cases, a key focus is often on avoiding a custodial (prison) sentence. Options include:
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• Police Diversion: For very minor theft offences, typically for first-time offenders, a charge may be withdrawn if conditions (like writing an apology or completing community service) are met.
• Community Sentences: Sentences like community work or home detention are common outcomes for lower to mid-range dishonesty offences.
• Mitigation: The court is required to consider the background of the offender. Reports that highlight addiction, trauma, or poverty—often presented as Cultural (Section 27) Reports—can be vital in persuading a judge to impose a rehabilitative or community-based sentence instead of imprisonment.