Mutual Assistance in Criminal Matters Act 1992

Reprint as at 4 February 2016

Coat of Arms of New Zealand

Mutual Assistance in Criminal Matters Act 1992

Public Act
 
1992 No 86
Date of assent
 
25 September 1992
Commencement
 
see section 1(2)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.

Contents

Title
1Short Title and commencement
2Interpretation
2ACertain investigations relating to civil proceedings deemed to be criminal investigations
2BCertain civil proceedings deemed to be criminal proceedings
3Act to bind the Crown
4Object of Act
5Act not to limit other provision of assistance
6Act not authority for extradition of any person
7Application of this Part
8Requests to be made by Attorney-General
9Assistance in locating or identifying persons
10Assistance in obtaining evidence
11Assistance in obtaining evidence for use in New Zealand court
12Assistance in arranging attendance of person
13Certificate that attendance required
14Penalty not to be imposed for refusal to consent
15Custody of foreign prisoners
16Release of foreign prisoner upon request by foreign country
17Immunities and privileges
18Limitation on use of evidence
19Assistance in serving documents
20Assistance in obtaining article or thing
21Request to enforce orders under Criminal Proceeds (Recovery) Act 2009
22Request to issue warrant or order in foreign country
23Restriction on use of evidence
24Application of this Part
24ALimitations on requests by convention countries
24BFurther limitations on requests by convention countries
25Requests to be made to Attorney-General
25AAd hoc requests for assistance
26Form of request
27Refusal of assistance
28Notification of refusal
29Assistance may be provided subject to conditions
30Assistance in locating or identifying persons
31Assistance in obtaining evidence in New Zealand
32Further provisions relating to obtaining evidence
33Protection of witnesses
34Certain persons entitled to appear and be legally represented at proceedings
35Powers of Judge may be exercised by Registrar
36Evidence Act 2006 not affected
37Assistance in arranging attendance of person to give or provide evidence or assistance in relation to criminal matter in foreign country
38Assistance in arranging attendance of prisoner in foreign country for specified purposes
39Undertakings required from foreign country
40Penalty not to be imposed for refusal to consent
41Effect of removal to foreign country on prisoner’s term of imprisonment
41AEffect of transfer to foreign country pursuant to request under section 38 on remand prisoner’s sentence
41BInformation about time remand prisoner spent in custody overseas pursuant to request under section 38
42Custody of persons in transit
43Assistance in obtaining article or thing by search and seizure
44Search warrants
45Form and content of search warrant [Repealed]
46Powers conferred by warrant [Repealed]
46APower to stop vehicles [Repealed]
47Person executing warrant to produce evidence of authority [Repealed]
48Notice of execution of warrant [Repealed]
49Custody and disposal of things seized
50Attorney-General to provide certificate as to search and seizure
51Assistance in arranging service
52Undertaking required from foreign country
53Penalty not to be imposed for failure to comply with summons
54Request to enforce foreign restraining order
55Request to enforce foreign forfeiture order
56Method for registering foreign orders in New Zealand
57Effect of registering foreign orders in New Zealand
58Cancelling registration of foreign orders in New Zealand
59Request for search warrant in New Zealand
60Interim foreign restraining order
61Request for production order in New Zealand
62Request for examination order in New Zealand
63Authentication of documents
64Certificates given by Attorney-General
64ACertificates relating to convention countries
64BAmendment of Schedule 1 [Repealed]
65Regulations
[Repealed]
Reprint notes

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