Mutual Assistance in Criminal Matters Act 1992

Reprint as at 1 July 2013

Mutual Assistance in Criminal Matters Act 1992

Public Act1992 No 86
Date of assent25 September 1992
Commencementsee section 1(2)

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice.


Contents

Title

1 Short Title and commencement

Part 1
Preliminary provisions

2 Interpretation

2A Certain investigations relating to civil proceedings deemed to be criminal investigations

2B Certain civil proceedings deemed to be criminal proceedings

3 Act to bind the Crown

4 Object of Act

5 Act not to limit other provision of assistance

6 Act not authority for extradition of any person

Part 2
Requests by New Zealand

Preliminary provisions

7 Application of this Part

8 Requests to be made by Attorney-General

Assistance in locating or identifying persons

9 Assistance in locating or identifying persons

Assistance in obtaining evidence

10 Assistance in obtaining evidence

11 Assistance in obtaining evidence for use in New Zealand court

Assistance in arranging attendance of person in New Zealand

12 Assistance in arranging attendance of person

13 Certificate that attendance required

14 Penalty not to be imposed for refusal to consent

15 Custody of foreign prisoners

16 Release of foreign prisoner upon request by foreign country

17 Immunities and privileges

18 Limitation on use of evidence

Assistance in serving documents

19 Assistance in serving documents

Assistance in obtaining articles or things

20 Assistance in obtaining article or thing

Request to enforce orders under Criminal Proceeds (Recovery) Act 2009

21 Request to enforce orders under Criminal Proceeds (Recovery) Act 2009

Request to issue warrant or order in foreign country

22 Request to issue warrant or order in foreign country

Miscellaneous provisions

23 Restriction on use of evidence

Part 3
Requests to New Zealand

Preliminary provisions

24 Application of this Part

24A Limitations on requests by convention countries

24B Further limitations on requests by convention countries

25 Requests to be made to Attorney-General

25A Ad hoc requests for assistance

26 Form of request

27 Refusal of assistance

28 Notification of refusal

29 Assistance may be provided subject to conditions

Assistance in locating or identifying persons

30 Assistance in locating or identifying persons

Assistance in obtaining evidence in New Zealand

31 Assistance in obtaining evidence in New Zealand

32 Further provisions relating to obtaining evidence

33 Protection of witnesses

34 Certain persons entitled to appear and be legally represented at proceedings

35 Powers of Judge may be exercised by Registrar

36 Evidence Act 2006 not affected

Assistance in obtaining attendance of persons in foreign country

37 Assistance in arranging attendance of person to give or provide evidence or assistance in relation to criminal matter in foreign country

38 Assistance in arranging attendance of prisoner in foreign country for specified purposes

39 Undertakings required from foreign country

40 Penalty not to be imposed for refusal to consent

41 Effect of removal to foreign country on prisoner’s term of imprisonment

41A Effect of transfer to foreign country pursuant to request under section 38 on remand prisoner’s sentence

41B Information about time remand prisoner spent in custody overseas pursuant to request under section 38

42 Custody of persons in transit

Search warrants

43 Assistance in obtaining article or thing by search and seizure

44 Search warrants

45 Form and content of search warrant [Repealed]

46 Powers conferred by warrant [Repealed]

46A Power to stop vehicles [Repealed]

47 Person executing warrant to produce evidence of authority [Repealed]

48 Notice of execution of warrant [Repealed]

49 Custody and disposal of things seized

50 Attorney-General to provide certificate as to search and seizure

Assistance in arranging service of process

51 Assistance in arranging service

52 Undertaking required from foreign country

53 Penalty not to be imposed for failure to comply with summons

Requests to enforce foreign restraining orders and foreign forfeiture orders

54 Request to enforce foreign restraining order

55 Request to enforce foreign forfeiture order

56 Method for registering foreign orders in New Zealand

57 Effect of registering foreign orders in New Zealand

58 Cancelling registration of foreign orders in New Zealand

Requests by foreign countries for orders or warrants in New Zealand

59 Request for search warrant in New Zealand

60 Interim foreign restraining order

61 Request for production order in New Zealand

62 Request for examination order in New Zealand

Part 4
Miscellaneous provisions

63 Authentication of documents

64 Certificates given by Attorney-General

64A Certificates relating to convention countries

64B Amendment of Schedule 1 [Repealed]

65 Regulations

Schedule 1
Limitations on requests by convention countries

Schedule 2

[Repealed]

Mutual Assistance in Criminal Matters Amendment Act 2009

Reprint notes


An Act to facilitate the provision and obtaining of international assistance in criminal matters