Mutual Assistance in Criminal Matters Act 1992

2 Interpretation

• (1) In this Act, unless the context otherwise requires,—

  assets forfeiture order has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2009

  Central Authority, in relation to any foreign country, means the person or authority for the time being designated by that country for the purposes of transmitting or receiving requests made under or pursuant to this Act

  Commissioner means the Commissioner of Police

  convention country means any foreign country that is a party to a convention referred to in column 1 of the table in the Schedule

  criminal investigation means,—

  • (a) in Part 2, an investigation certified by the Attorney-General to have commenced in New Zealand in respect of an offence committed, or suspected on reasonable grounds to have been committed or to be likely to be committed, against the law of New Zealand:

  • (b) in Part 3, in relation to a foreign country, an investigation certified by the Central Authority for that country to have commenced in the foreign country in respect of an offence committed, or suspected on reasonable grounds to have been committed or to be likely to be committed, against the law of that country

  criminal matter means criminal investigations and criminal proceedings

  criminal proceedings means,—

  • (a) in Part 2, proceedings certified by the Attorney-General to have been instituted in respect of an offence committed, or suspected on reasonable grounds to have been committed, against the law of New Zealand; and includes the trial of a person for the offence and any proceedings to determine whether or not a person should be tried for the offence:

  • (b) in Part 3, proceedings certified by the Central Authority of the requesting country to have been instituted in respect of an offence committed, or suspected on reasonable grounds to have been committed, against the law of the country; and includes the trial of a person for the offence and any proceedings to determine whether or not a person should be tried for the offence

  document has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2009

  examination order means an order issued under section 107 of the Criminal Proceeds (Recovery) Act 2009

  financial institution has the same meaning as in section 3 of the Financial Transactions Reporting Act 1996

  foreign country means any country other than New Zealand

  foreign forfeiture order means—

  • (a) an order made under the law of a foreign country by a court or other judicial authority for the forfeiture of property that is—

    • (i) tainted property (as defined in relation to Part 3); or

    • (ii) property of 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

  • (b) a foreign pecuniary penalty order

  foreign law immunity certificate means a certificate given, or a declaration made, by a foreign country or under the law of a foreign country, certifying or declaring that, under the law of the foreign country, persons generally or a specified person could or could not, either generally or in specified proceedings and either generally or in specified circumstances, be required—

  • (a) to answer a specified question; or

  • (b) to provide a specified document

  foreign order means a foreign forfeiture order or a foreign restraining order

  foreign pecuniary penalty order means an order, made under the law of a foreign country by any court or other judicial authority, imposing a pecuniary penalty in respect of benefits derived by a person from significant foreign criminal activity (whether proved to a civil or criminal standard); but does not include an order for the payment of a sum of money by way of compensation, restitution, or damages to an injured person

  foreign prisoner means a person who is being held in legal custody in a foreign country—

  • (a) pending trial for, or sentence for; or

  • (b) pursuant to a sentence of imprisonment for,—

  an offence against the law of that foreign country

  foreign qualifying forfeiture offence means—

  • (a) an offence in a foreign country that is punishable in that country by a maximum term of imprisonment of 5 years or more (including an attempt to commit, conspiring to commit, or being an accessory to an offence if the maximum term of imprisonment for that attempt, conspiracy, or activity is 5 years or more); and

  • (b) an offence under the law of a foreign country that is a party to the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000, if—

    • (i) it is punishable by imprisonment for a term of 4 years or more; and

    • (ii) there are reasonable grounds to suspect that it is transnational in nature (as defined in articles 3(2) and 18(1) of that convention) and involves an organised criminal group (as defined in article 2(a) of that convention)

  foreign restraining order means an order made under the law of a foreign country by a court or other judicial authority that—

  • (a) restrains a particular person, or all persons, from dealing with the property specified in the order; and

  • (b) relates to—

    • (i) tainted property (as defined in relation to Part 3); or

    • (ii) property of a person who has, or who may have, 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

  forfeiture order has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2009

  instrument forfeiture order has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2009

  instrument of crime,—

  • (a) in relation to Part 2, has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2009; and

  • (b) in relation to Part 3, means any property used, wholly or in part, to commit or facilitate the commission of a foreign qualifying forfeiture offence

  Judge means a Judge of the High Court

  judicial records means judgments, orders, and decisions of courts, and other records held by judicial authorities

  Minister means the Minister of Justice

  official records means documents held by government departments or agencies or prosecution authorities

  prescribed foreign country means any country (other than New Zealand) that is declared by regulations made under this Act to be a foreign country to which Part 3 applies

  prison has the same meaning as in section 3(1) of the Corrections Act 2004

  prisoner means a person who is for the time being in the legal custody of any person under the Corrections Act 2004

  process means any summons, warrant, order, or other document issued out of any court, or by any Judge, Master, District Court Judge, Justice, Community Magistrate, or Registrar

  production order means an order made under section 105 of the Criminal Proceeds (Recovery) Act 2009

  profit forfeiture order has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2009

  property has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2009

  qualifying instrument forfeiture offence has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2009

  requesting country, in relation to a request for assistance made under Part 3, means the foreign country that made the request

  restraining order has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2009

  significant criminal activity has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2009

  significant foreign criminal activity—

  • (a) means an activity engaged in by a person in a foreign country that if proceeded against as a criminal offence in that country—

    • (i) would amount to offending—

      • (A) that consists of, or includes, 1 or more offences punishable by a maximum term of imprisonment of 5 years or more; or

      • (B) from which property, proceeds, or benefits of a value of $30,000 or more have, directly or indirectly, been acquired or derived; and

    • (ii) whether or not—

      • (A) the person has been charged with or convicted of the offending; or

      • (B) the person has been acquitted of the offending; or

      • (C) the person’s conviction for the offending has been quashed or set aside; and

  • (b) includes an offence under the law of a foreign country that is a party to the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000, if—

    • (i) it is punishable by imprisonment for a term of 4 years or more; and

    • (ii) there are reasonable grounds to suspect that it is transnational in nature (as defined in articles 3(2) and 18(1) of that convention) and involves an organised criminal group (as defined in article 2(a) of that convention)

  tainted property,—

  • (a) in relation to Part 2, has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2009; and

  • (b) in relation to Part 3,—

    • (i) means any property that has, wholly or in part, been—

      • (A) acquired as a result of significant foreign criminal activity; or

      • (B) directly or indirectly derived from significant foreign criminal activity; and

    • (ii) includes any property that has been—

      • (A) acquired as a result of more than 1 activity if at least 1 of those activities is a significant foreign criminal activity; or

      • (B) directly or indirectly derived from more than 1 activity if at least 1 of those activities is a significant foreign criminal activity

  unlawfully benefited from significant foreign criminal activity means a person has knowingly, directly or indirectly, derived a benefit from significant foreign criminal activity (whether or not the person deriving the benefit undertook or was involved in the significant foreign criminal activity).

  (2) A reference in this Act to criminal proceedings or a criminal investigation includes proceedings or investigations into the following matters:

  • (a) revenue (including taxation and customs and excise duties):

  • (b) foreign exchange control:

  • (c) the forfeiture of property as a result of the commission of an offence:

  • (d) the restraint of dealings with property or the freezing of assets that may be forfeited as a result of the commission of an offence:

  • (e) imposing or recovering pecuniary penalties under, and restraining dealing with property needed to satisfy, a foreign pecuniary penalty order imposed as a result of the commission of an offence.

  (3) A reference in this Act to a benefit derived by a person includes a reference to—

  • (a) a benefit derived, directly or indirectly, by the person; and

  • (b) a benefit derived, directly or indirectly, by another person at the request or direction of the first-mentioned person.

  (4) Where—

  • (a) any foreign country consists of a federation of States, or has more than 1 system of law, or has any 1 or more autonomous territorial organisations; and

  • (b) more than 1 Central Authority is appointed for that foreign country,—

  a reference in this Act to the Central Authority of that foreign country, in relation to a request made pursuant to this Act, means the Central Authority for that foreign country that, in the circumstances of the particular case, is the appropriate Central Authority to transmit or, as the case may be, receive the request.

  (5) A reference in this Act to the law of a foreign country includes a reference to the law of a part of, or the law in force in part of, the country.

  (6) In this Act, a reference to an offence of a political character does not include—

  • (a) an offence—

    • (i) that is constituted by conduct of a kind referred to in a multilateral treaty to which New Zealand is a party; and

    • (ii) for which parties have an obligation to provide to one another assistance in criminal matters; or

  • (b) any offence in relation to which New Zealand has agreed in writing with another country that the offence will not be treated as a political offence for the purposes of the provision of assistance in criminal matters between New Zealand and that country.

  Section 2(1) assets forfeiture order: inserted, on 1 December 2009, by section 5(1) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) Commissioner: inserted, on 1 December 2009, by section 5(2) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) convention country: inserted, on 1 March 1999, by section 2 of the Mutual Assistance in Criminal Matters Amendment Act 1998 (1998 No 15).

  Section 2(1) convention country: amended, on 18 June 2002, by section 3(1) of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).

  Section 2(1) document: substituted, on 1 December 2009, by section 5(2) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) examination order: inserted, on 1 December 2009, by section 5(2) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) financial institution: substituted, on 1 December 2009, by section 5(2) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) foreign drug-dealing offence: repealed, on 1 December 2009, by section 5(3) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) foreign forfeiture order: substituted, on 1 December 2009, by section 5(4) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) foreign order: inserted, on 1 December 2009, by section 5(5) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) foreign pecuniary penalty order: substituted, on 1 December 2009, by section 5(5) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) foreign qualifying forfeiture offence: inserted, on 1 December 2009, by section 5(7) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) foreign restraining order: substituted, on 1 December 2009, by section 5(6) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) foreign serious offence: repealed, on 1 December 2009, by section 5(7) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) forfeiture order: substituted, on 1 December 2009, by section 5(9) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) instrument forfeiture order: inserted, on 1 December 2009, by section 5(9) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) instrument of crime: inserted, on 1 December 2009, by section 5(9) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) monitoring order: repealed, on 1 December 2009, by section 5(10) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) pecuniary penalty order: repealed, on 1 December 2009, by section 5(11) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) penal institution: repealed, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

  Section 2(1) prison: inserted, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

  Section 2(1) prisoner: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

  Section 2(1) Proceeds of Crime Act: repealed, on 1 December 2009, by section 5(12) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) process: amended, on 30 June 1998, by section 7 of the District Courts Amendment Act 1998 (1998 No 76).

  Section 2(1) production order: substituted, on 1 December 2009, by section 5(13) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) profit forfeiture order: inserted, on 1 December 2009, by section 5(13) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) property: substituted, on 1 December 2009, by section 5(14) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) property-tracking document: repealed, on 1 December 2009, by section 5(14) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) qualifying instrument forfeiture offence: inserted, on 1 December 2009, by section 5(14) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) restraining order: substituted, on 1 December 2009, by section 5(15) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) serious offence: repealed, on 1 December 2009, by section 5(15) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) significant criminal activity: inserted, on 1 December 2009, by section 5(15) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) significant foreign criminal activity: inserted, on 1 December 2009, by section 5(15) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) tainted property: substituted, on 1 December 2009, by section 5(15) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(1) unlawfully benefited from significant foreign criminal activity: added, on 1 December 2009, by section 5(15) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(2): substituted, on 1 December 2009, by section 5(16) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

  Section 2(6): added, on 18 June 2002, by section 3(3) of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).