Heading: substituted, on 1 December 2009, by section 10 of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
(1) A foreign country may request the Attorney-General to obtain the issue of a search warrant in New Zealand in respect of a criminal investigation or criminal proceedings relating to—
(a) tainted property (as defined in relation to Part 3); or
(b) property that belongs to a person who has unlawfully benefited from significant foreign criminal activity; or
(c) an instrument of crime (as defined in relation to Part 3); or
(d) property that will satisfy some or all of a foreign pecuniary penalty order.
(2) After a request is made, the Attorney-General may, if satisfied of the matters in subsection (3), do any of the following:
(a) authorise a constable to apply under section 124 of the Criminal Proceeds (Recovery) Act 2009 for a search warrant under section 101 of that Act in relation to that property:
(b) authorise the Commissioner to apply under section 125 of the Criminal Proceeds (Recovery) Act 2009 for a search warrant under section 102 of that Act in relation to that property:
(c) authorise the Official Assignee to apply under section 126 of the Criminal Proceeds (Recovery) Act 2009 for a search warrant under section 110 of that Act in relation to that property.
(3) The matters referred to in subsection (2) are—
(a) that the request relates to a criminal investigation or criminal proceedings relating to—
(i) tainted property (as defined in relation to Part 3); or
(ii) property that belongs to a person who has unlawfully benefited from significant foreign criminal activity; or
(iii) an instrument of crime (as defined in relation to Part 3); or
(iv) property that will satisfy some or all of a foreign pecuniary penalty order; and
(b) that there are reasonable grounds for believing the property is located in New Zealand.
Section 59: substituted, on 1 December 2009, by section 10 of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).