New Zealand Legislation: Acts

24B Further limitations on requests by convention countries

• (1) The provisions of subsections (2) and (3) apply if—

  • (a) A convention country requests assistance under this Part in accordance with a convention specified in column 1 of the table in the Schedule; and

  • (b) The convention country is also a prescribed foreign country.

  (2) In any case where there is a treaty between New Zealand and the convention country that relates (in whole or in part) to the provision of assistance in criminal matters,—

  • (a) The request for assistance must, as far as practicable, be made and dealt with in the manner specified in that treaty, unless (or except to the extent that) to do so would be inconsistent with the convention; and

  • (b) If the treaty excludes any of the offences listed in column 2 of the table in the Schedule or limits the types of assistance that may be requested under this Part in relation to those offences, the exclusion or limitation does not apply.

  (3) In any case where the application of this Part to the convention country is subject to conditions, exceptions, or qualifications as specified in regulations made under section 65 and the regulations exclude any of the offences listed in column 2 of the table in the Schedule or limit the types of assistance that may be requested under this Part in relation to those offences, the exclusion or limitation does not apply.

  Section 24B was inserted, as from 8 May 1999, by section 4 Mutual Assistance in Criminal Matters Amendment Act 1999 (1999 No 41).

  Subsection (1)(a) was amended, as from 18 June 2002, by section 5(1) Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23), by substituting “column 1 of the table in the Schedule” for “Schedule 1”

  Subsection (2)(b) was amended, as from 21 May 1999, by section 3(1) Mutual Assistance in Criminal Matters Amendment (No 2) Act 1999 (1999 No 58) by inserting “or section 24A(6)”.

  Subsection (2)(b) was amended, as from 18 June 2002, by section 5(2) Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23), by substituting “column 2 of the table in the Schedule” for “Schedule 2 or section 24A(3) or section 24A(4) or section 24A(6) or section 24A(7) or section 24A(7)”.

  Subsection (2)(b) was amended, as from 3 May 2001, by section 11(2) and section 11(3) Crimes (Bribery of Foreign Public Officials) Amendment Act 2001 (1999 No 58) by inserting “or section 24A(7)” after “section 24A(6)”.

  Subsection (2)(b) was amended, as from 27 September 2001, by section 4(1) Mutual Assistance In Criminal Matters Amendment Act 2001 (2001 No 72) by inserting “or section 24A(7)” after “section 24A(6)”.

  Subsection (3) was amended, as from 21 May 1999, by section 3(2) Mutual Assistance in Criminal Matters Amendment (No 2) Act 1999 (1999 No 58) by inserting “or section 24A(6)”.

  Subsection (3) was amended, as from 3 May 2001, by section 11(2) and section 11(3) Crimes (Bribery of Foreign Public Officials) Amendment Act 2001 (1999 No 58) by inserting “or section 24A(7)” after “section 24A(6)”.

  Subsection (3) was amended, as from 27 September 2001, by section 4(2) Mutual Assistance In Criminal Matters Amendment Act 2001 (2001 No 72) by inserting “or section 24A(7)” after “section 24A(6)”.

  Subsection (3) was amended, as from 18 June 2002, by section 5(3) Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23), by substituting “column 2 of the table in the Schedule” for “Schedule 2 or section 24A(3) or section 24A(4) or section 24A(6) or section 24A(7) or section 24A(7)”.