(1) A foreign country may request the Attorney-General to assist in effecting the service of process on a person in New Zealand.
(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 to be served is in New Zealand; and
(c) where the request relates to the service of a summons to appear as a witness in the foreign country, that the foreign country has given an adequate undertaking in respect of the matters specified in section 52,—
the Attorney-General may authorise assistance in accordance with this section.
(3) Where service is authorised under subsection (2), the Attorney-General shall direct the appropriate authority to arrange service, and in such a case the authority shall—
(a) use its best endeavours to have the process served—
(i) in accordance with procedures proposed in the request; or
(ii) if those procedures would be unlawful or inappropriate in New Zealand, or if no procedures are so proposed, in accordance with the law of New Zealand; and
(b) if the document—
(i) is served, transmit to the Attorney-General for transmission to the foreign country making the request a certificate as to service; or
(ii) is not served, transmit to the Attorney-General for transmission to the foreign country a statement of the reasons which prevented the service.
Compare: Mutual Assistance in Criminal Matters Act 1987 s 38 (Aust)
Section 51(1): amended, on 1 March 1999, by section 9 of the Mutual Assistance in Criminal Matters Amendment Act 1998 (1998 No 15).