It is a strange world indeed were the crime of hacking i.e. accessing a computer system in order to get information (see definition below) does not actually cover that specific activity and where the prosecution authorities will need to rely on the broad wash-up wording of obtaining a “benefit” to get a prosecution under S249 to stick.
See http://www.lojo.co.nz/updates-article/data-is-not-property-says-nz-court-of-appeal
It is all the more perplexing when one considers that something as ephemeral as “electricity” is covered but not the data or information on the computer being hacked.
http://www.merriam-webster.com/dictionary/hacker
hack·er
computers : a person who secretly gets access to a computer system in order to get information, cause damage, etc. : a person who hacks into a computer system