Mutual Assistance in Criminal Matters Act 1992

42 Custody of persons in transit

(1)

A person who is in custody in one foreign country and has consented to give evidence in criminal proceedings, or to give assistance in relation to a criminal investigation, in another foreign country may be transported through New Zealand, in custody, to that other foreign country.

(2)

The person being transported through New Zealand in custody may, if an aircraft or ship by which the person is being transported lands or calls at a place in New Zealand, be kept in such custody while in transit in New Zealand as the Minister directs in writing until his or her transportation is continued.

(3)

Where—

(a)

a person is being held in custody pursuant to a direction under subsection (2); and

(b)

the person’s transportation is not, in the opinion of the Attorney-General, continued within a reasonable time,—

the Attorney-General may direct, in writing, that the person be transported in custody to the country from which the person was first transported, and such a direction shall be sufficient authority for that person’s removal from New Zealand by such means as the Attorney-General directs.

(4)

Section 15(3) shall, so far as applicable and with all necessary modifications, apply with respect to any person detained in custody in accordance with this section.

(5)

For the purposes of enabling the grant of a temporary visa under the Immigration Act 2009 to any person whom it is proposed to transport through New Zealand pursuant to this section, the Attorney-General may issue a certificate, in writing, that the person is to be transported through New Zealand pursuant to this section.

(6)

The Attorney-General may, at any time, by notice in writing, cancel any certificate issued under subsection (5) in respect of any person who is in New Zealand for the purposes of being transported through New Zealand pursuant to this section if the Attorney-General is satisfied that that person’s presence in New Zealand is no longer necessary for that purpose.

Compare: Mutual Assistance in Criminal Matters Act 1987 s 29 (Aust)

Section 42(2): amended, on 1 March 1999, by section 9 of the Mutual Assistance in Criminal Matters Amendment Act 1998 (1998 No 15).

Section 42(5): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).