Mutual Assistance in Criminal Matters Act 1992

43 Assistance in obtaining article or thing by search and seizure

• (1) A foreign country may request the Attorney-General to assist in obtaining an article or thing by search and seizure.

  (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 that foreign country in respect of an offence punishable by imprisonment for a term of 2 years or more; and

  • (b) that there are reasonable grounds for believing that an article or thing relevant to the proceedings is located in New Zealand,—

  the Attorney-General may authorise a constable, to apply to an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) for a search warrant in accordance with section 44 of this Act.

  Compare: Mutual Assistance in Criminal Matters Act 1987 s 15(1) (Aust)

  Section 43(1): amended, on 1 March 1999, by section 9 of the Mutual Assistance in Criminal Matters Amendment Act 1998 (1998 No 15).

  Section 43(2): amended, on 1 October 2012, by section 335(2) of the Search and Surveillance Act 2012 (2012 No 24).

  Section 43(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).