Mutual Assistance in Criminal Matters Act 1992

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
  • (1) A foreign country may request the Attorney-General to assist in arranging the attendance, in that country, of a person in New Zealand (not being a person to whom section 38 applies) for the purposes of giving or providing evidence or assistance in relation to a criminal matter in the foreign country.

    (2) Where, on receipt of a request made under subsection (1) by a foreign country, the Attorney-General is satisfied—

    • (a) that the request relates to a criminal matter in the foreign country; and

    • (b) that there are reasonable grounds for believing that the person concerned could give or provide evidence or assistance relevant to that criminal matter; and

    • (c) that the person concerned has freely consented to attend as requested; and

    • (d) that the foreign country has given adequate undertakings in respect of the matters specified in paragraphs (a), (b), (c), and (e) of section 39,—

    the Attorney-General may authorise, in writing, assistance in accordance with this section, and may assist in the making of arrangements to facilitate that attendance.

    Compare: Mutual Assistance in Criminal Matters Act 1987 ss 26, 27 (Aust)

    Section 37 heading: amended, on 18 June 2002, by section 7 of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).

    Section 37(1): amended, on 1 March 1999, by section 9 of the Mutual Assistance in Criminal Matters Amendment Act 1998 (1998 No 15).