New Zealand Legislation: Acts

17 Immunities and privileges

• (1) Subject to subsection (3) of this section, where a person (including a person who is a foreign prisoner) is in New Zealand pursuant to a request made under section 12 of this Act, the person shall not—

  • (a) Be detained, prosecuted, or punished in New Zealand for any offence that is alleged to have been committed, or that was committed, before the person's departure from the foreign country pursuant to the request; or

  • (b) Be subjected to any civil proceedings in New Zealand in respect of any act or omission that is alleged to have occurred, or that occurred, before the person's departure from the foreign country pursuant to the request, being civil proceedings to which the person could not be subjected if the person were not in New Zealand; or

  • (c) Be required to give or provide evidence or assistance in relation to any criminal matter in New Zealand other than the criminal matter to which the request relates; or

  • (d) Be required, in the proceedings or investigation to which the request relates, to answer any question that the person would not be required to answer if those proceedings or that investigation were taking place in the foreign country; or

  • (e) Be required, in the proceedings or investigation to which the request relates, to produce any document or article that the person would not be required to produce if those proceedings or that investigation were taking place in the foreign country.

  (2) For the purposes of subsection (1) of this section, a duly authenticated foreign law immunity certificate is admissible in proceedings as prima facie evidence of the matters stated in the certificate.

  (3) Subsection (1) of this section shall not apply in relation to a person where—

  • (a) The person has left New Zealand and then returns otherwise than pursuant to the same or another request; or

  • (b) The person has had the opportunity to leave New Zealand and has remained in New Zealand otherwise than for—

    • (i) The purpose to which the request relates; or

    • (ii) The purpose of giving evidence in any criminal proceedings in New Zealand certified by the Attorney-General, in writing, to be proceedings in which it is desirable that the person give evidence; or

    • (iii) The purpose of giving assistance in relation to an investigation in New Zealand certified by the Attorney-General, in writing, to be an investigation in relation to which it is desirable that the person give assistance.

  (4) A certificate given by the Attorney-General for the purposes of subparagraph (ii) or subparagraph (iii) of subsection (3)(b) of this section has effect from the day specified in the certificate (which may be a day before the day on which the certificate is given).

  Compare: Mutual Assistance in Criminal Matters Act 1987 (Aust), s 19