(1) Where a Tribunal needs the assistance of New Zealand in order to—

• (a) perform its functions in respect of an investigation or prosecution it is conducting or proposing to conduct; or

• (b) give effect to an order issued by the Tribunal,—

the Tribunal may make a request for assistance.

(2) Any request under subsection (1) shall be made to the Attorney-General or a person authorised by the Attorney-General.

(3) Without limiting the generality of subsection (1), a Tribunal may make a request for assistance of any 1 or more of the following types:

• (a) arresting and surrendering to the Tribunal a person in relation to whom the Tribunal has issued an arrest warrant:

• (b) executing a request for search and seizure:

• (c) obtaining evidence or a document or other article:

• (d) providing a document or other record:

• (e) locating and identifying a witness or suspect:

• (f) arranging for a person to give evidence or assist an investigation:

• (g) causing the forfeiture of tainted property:

• (h) serving documents:

• (i) arranging for the Tribunal to sit in New Zealand.

(1) A request from a Tribunal under section 4 that is in writing and specifies—

• (a) the nature of the investigation or prosecution in respect of which the request is made; and

• (b) in a certificate from the Tribunal, that the request is in respect of an investigation or prosecution relating to a Tribunal offence; and

• (c) the legal basis on which the Tribunal relies for conducting the investigation or prosecution; and

• (d) the nature of the assistance sought by the Tribunal; and

• (e) the facts and law relevant to the investigation or prosecution (in addition to the statement required by paragraph (c)); and

• (f) the procedure (if any) that the Tribunal wishes the Attorney-General to follow in complying with the request, including the form in which material shall be given to the Tribunal; and

• (g) the period within which the Tribunal wishes the request to be complied with; and

• (h) any confidentiality requirements that the Tribunal considers should be observed; and

• (i) any other matters that the Tribunal considers may assist the Attorney-General in complying with the request; and

• (j) any other matters that the Attorney-General has previously notified the Tribunal will assist the Attorney-General in complying with the request,—

shall be received and dealt with in accordance with this Act.

(2) A request for assistance shall not be invalid by reason only of the fact that it does not comply with the requirements of subsection (1).

(1) Where—

• (a) the Attorney-General receives from a Tribunal a request for the surrender of a person; and

• (b) the request is accompanied by an arrest warrant in relation to the person that was issued by the Tribunal, or by a copy of that warrant authenticated by the Tribunal,—

the Attorney-General shall, by notice in writing, directed to any Judge, state that the request has been received.

(2) Where any notice is sent to a Judge under subsection (1), a copy of—

• (a) the arrest warrant referred to in subsection (1)(b); and

• (b) the request made under section 4—

shall also be sent to the Judge.

(1) The Judge to whom a notice is sent under section 6 shall, without undue delay, issue a warrant in the prescribed form for the arrest of the person named in the notice if the Judge is of the opinion, having regard to the documents forwarded under section 6 and to any other evidence that is available to the Judge, that the person named in the warrant is or may be in or travelling to New Zealand.

(2) When the Judge has considered whether or not to issue a warrant in accordance with this section, the Judge shall send to the Attorney-General written notice of his or her decision.

(1) Where the Attorney-General is satisfied that there are special circumstances that make it unjust or otherwise inappropriate for a warrant issued under section 7 to continue in force, the Attorney-General shall, by notice in writing, order the cancellation of the warrant.

(2) Where the Attorney-General orders the cancellation of a warrant under subsection (1) the warrant shall cease to have effect and any person arrested under the warrant shall be released, unless the person is otherwise liable to be detained in custody.

(1) A person who is arrested under a warrant issued under section 7 shall, unless the warrant ceases to have effect under section 8, be brought before a Judge as soon as is practicable.

(2) Subject to subsection (3), the Judge shall remand the person in custody or on bail for such period or periods as may be necessary to enable the Attorney-General to make a surrender determination under section 12.

(3) Where any person is remanded in custody or on bail under this section, the provisions of sections 45, 45A, 46, and 47 of the Summary Proceedings Act 1957, and sections 28 to 38 of the Bail Act 2000 shall apply as if the person had been arrested for an offence punishable by imprisonment and with any other necessary modifications.

(1) Where a person has been remanded under section 9 and the Attorney-General is satisfied that there are special circumstances that make it unjust or otherwise inappropriate for the remand to continue, the Attorney-General shall, by notice in writing, order the release from custody of the person or the discharge of the conditions on which bail was granted to the person, as the case may be.

(2) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded in custody, a copy of the notice shall be sent to the prison manager of the prison in which the person is detained, and upon receipt of the notice the person in custody shall be released unless the person is otherwise liable to be detained in custody.

(3) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded on bail, a copy of the notice shall be sent to the Registrar of the court at which the person was released on bail.

Where—

• (a) a person is arrested under a warrant issued under section 7; and

• (b) a constable who is of or above the level of position of inspector has reasonable grounds for believing that there is in or on any place or thing any thing that is relevant to the Tribunal offence in respect of which the warrant was issued,—

the constable may apply to a Judge for the issue of a search warrant in accordance with section 48.

(1) Subject to subsection (2), the Attorney-General shall determine whether a person remanded under sections 6 to 11 is to be surrendered to the Tribunal.

(2) Unless the Attorney-General is satisfied that there are special circumstances that would make it unjust or otherwise inappropriate to surrender the person, the Attorney-General shall determine that the person is to be surrendered to the Tribunal.

(3) The determination shall be made as soon as is reasonably practicable, having regard to the circumstances, after the person is first remanded under section 9.

(4) Notwithstanding subsection (3), every determination required to be made under this section shall be made within 6 months of the date on which the person was first remanded under section 9.

(1) Where the Attorney-General has determined not to surrender the person to the Tribunal, the Attorney-General shall, by notice in writing, order, as the case may require,—

• (a) the release of the person from custody; or

• (b) the discharge of the recognisances on which bail was granted to the person.

(2) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded in custody, a copy of the notice shall be sent to the prison manager of the prison in which the person is detained, and upon receipt of the notice the person in custody shall be released unless the person is otherwise liable to be detained in custody.

(3) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded on bail, a copy of the notice shall be sent to the Registrar of the court at which the person was released on bail.

(1) Subject to section 15, where the Attorney-General determines that the person is to be surrendered to the Tribunal, the Attorney-General shall issue a warrant for the surrender of the person to the Tribunal.

(2) The surrender warrant shall be in writing in the prescribed form.

(1) The Attorney-General shall not issue a surrender warrant if—

• (a) the person is serving a sentence of imprisonment in respect of an offence against the law of New Zealand; and

• (b) the Tribunal has been required to give adequate undertakings to the Attorney-General relating to—

  • (i) the person's return to New Zealand to serve the remainder of the sentence once the person is no longer required to be detained by, or on the order of, the Tribunal; and

  • (ii) the person's custody while travelling, and while in other countries, for the Tribunal's purposes; and

• (c) the Attorney-General is not satisfied that the Tribunal has given adequate undertakings relating to those matters.

(2) For the purposes of this section, the person is not taken to be serving a sentence of imprisonment if he or she has been released on parole or licence, or has been otherwise conditionally released, for the remainder of the sentence.

(1) Where the Attorney-General issues a surrender warrant under section 14, the person shall, if he or she is in custody, be brought as soon as is practicable before a Judge.

(2) Where the Attorney-General issues a surrender warrant under section 14 and the person has been remanded on bail, any constable may arrest that person without warrant, and the person shall be brought as soon as is practicable before a Judge.

(3) The Judge shall order the committal of the person to a prison to remain there until he or she is surrendered or released according to law.

(1) A surrender warrant in relation to a person (in this section referred to as the “eligible person”) shall—

• (a) require the person in whose custody the eligible person is being held to release the eligible person into the custody of a constable; and

• (b) authorise the constable to transport the eligible person in custody, and, if necessary or convenient, to detain the eligible person in custody, for the purpose of enabling the eligible person—

  • (i) to be placed in the custody of a specified person who is an officer of the Tribunal or other person authorised by the Tribunal; and

  • (ii) to be transported to a place specified by the Tribunal; and

• (c) authorise the specified person to transport the eligible person in custody to a place specified by the Tribunal for the purpose of surrendering the eligible person to a person appointed by the Tribunal to receive the person.

(2) A place referred to in subsection (1)(b) or (c) may be a place in or outside New Zealand.

(1) This section applies to a person—

• (a) in relation to whom a surrender warrant has been issued; and

• (b) who is in custody in New Zealand under the warrant, or otherwise under this Act, more than 2 months after the day on which the warrant was first liable to be executed.

(2) Subject to subsection (3), the High Court shall order that a person to whom this section applies be released from that custody if—

• (a) the person has made an application to the High Court to be released; and

• (b) reasonable notice of the intention to apply to the High Court was given by the person to the Attorney-General.

(3) The High Court shall not order that the person be released from custody if it is satisfied that the surrender warrant has not been executed within the period of 2 months, or since the person last made an application under subsection (2), as the case may be,—

• (a) because to do so would have been dangerous to the person's life or prejudicial to the person's health; or

• (b) for any other reasonable cause.

(1) Subject to subsection (2), where a person who is serving a sentence in respect of an offence against the law of New Zealand is surrendered to a Tribunal under this Part, the person shall, while he or she is in the custody of, or on the order of, the Tribunal (including custody outside New Zealand), be deemed to be continuing to serve that sentence.

(2) If the person is convicted of a Tribunal offence, time spent by the person in custody serving a sentence of imprisonment imposed by the Tribunal for the Tribunal offence is not to be counted as time towards the sentence referred to in subsection (1).

If—

• (a) at the time a person was surrendered to a Tribunal under this Part, the person was serving a sentence of imprisonment in respect of an offence against the law of New Zealand; and

• (b) the sentence of imprisonment that the person was serving at that time expires while the person is being detained by, or on the order of, the Tribunal,—

the Attorney-General must without delay inform the Tribunal of the expiry, and, if the Tribunal was required to give undertakings in accordance with section 15(1)(b), that the undertakings are no longer required to be complied with.

(1) This section applies where a Tribunal makes a request to the Attorney-General—

• (a) for evidence to be taken in New Zealand; or

• (b) for documents or other articles in New Zealand to be produced—

for the purposes of a proceeding before, or an investigation conducted by, the Tribunal.

(2) Subject to section 57, where the Attorney-General is satisfied—

• (a) that the request relates to a Tribunal offence; and

• (b) that there are reasonable grounds for believing that the evidence can be taken or, as the case may be, the documents or other articles can be produced in New Zealand,—

the Attorney-General may authorise, in writing, assistance in accordance with section 22 and section 23.

(1) Where the Attorney-General authorises the taking of evidence under section 21, the evidence shall be taken on oath from each witness by a Judge.

(2) The Judge who takes evidence in accordance with subsection (1), shall—

• (a) cause the evidence to be put in writing; and

• (b) certify that the evidence was taken by the Judge; and

• (c) cause the writing so certified to be sent to the Attorney-General.

(1) Where the Attorney-General authorises the production of documents or other articles, that production shall be required by the order of a Judge.

(2) Subject to subsection (3), if the documents or other articles are produced, the Judge shall send them to the Attorney-General together with a written statement certifying that they were produced to the Judge.

(3) In the case of documents, the Judge may send to the Attorney-General copies of the documents certified by the Judge to be true copies.

The Judge conducting a proceeding under section 22 or section 23, or both, may permit—

• (a) the person to whom the proceeding before, or investigation conducted by, the Tribunal relates; and

• (b) any other person giving evidence or producing documents or other articles at the proceeding before the Judge; and

• (c) the Tribunal—

to have legal representation at the proceeding before the Judge.

A certificate by a Judge under section 22(2) or section 23(2) shall state whether, when the evidence was taken or the documents or other articles were produced, any of the following persons were present:

• (a) the person to whom the proceeding before, or the investigation conducted by, the Tribunal relates, or that person's legal representative (if any):

• (b) any other person giving evidence or producing documents or other articles, or that person's legal representative (if any).

(1) Subject to subsections (2) and (3), the law of New Zealand with respect to compelling persons—

• (a) to attend before a Judge; and

• (b) to give evidence, answer questions, and produce documents or other articles—

on the hearing of a charge against a person for an offence against the law of New Zealand shall apply, with necessary modifications, with respect to compelling persons for the purposes of sections 22 and 23.

(2) For the purposes of sections 22 and 23, the person to whom the proceeding before, or the investigation conducted by, the Tribunal relates, is competent but not compellable to give evidence.

(3) No person who is required, pursuant to section 22 or section 23, to give evidence, or to produce documents or other articles for the purposes of a proceeding before, or investigation conducted by, a Tribunal shall be required to give any evidence, or to produce any document or article, that the person could not be compelled to give or produce in the proceedings before, or investigation conducted by, the Tribunal.

(4) A person who is required, pursuant to section 22 or section 23, to give evidence or produce documents or other articles for the purposes of a proceeding before, or investigation conducted by, the Tribunal shall have the same privileges in relation to the answering of questions and the production of documents or articles as if the proceedings were pending in a New Zealand court or the investigation were being conducted in New Zealand, as the case may be.

(1) In this section, Tribunal immunity certificate means a certificate or declaration that—

• (a) is given or made by a Tribunal under the Statute of the Tribunal or under the rules adopted under the Statute of the Tribunal; and

• (b) specifies or declares that, under the Statute of the Tribunal or under the rules adopted under the Statute of the Tribunal, persons generally or a specified person could or could not—

  • (i) either generally or in specified proceedings; and

  • (ii) either generally or in specified circumstances—

  be required to answer a specified question or to produce a specified document.

(2) A Tribunal immunity certificate, duly authenticated in accordance with subsection (3), is admissible in proceedings for the purposes of the application of section 26(3) as prima facie evidence of the matters stated in the certificate.

(3) A certificate is duly authenticated for the purposes of subsection (2) if it purports to be signed or certified by a Judge, Registrar, or officer of the Tribunal.

(1) Any Judge may authorise a Registrar of the High Court to exercise the powers of a Judge under section 22 or section 23 in respect of any particular case.

(2) Any authorisation given under subsection (1) may be revoked at any time by any Judge.

(3) Where any matter in respect of which a Registrar has jurisdiction under any authorisation given under subsection (1) appears to the Registrar to be one of special difficulty, he or she may refer the matter to a Judge, who may dispose of the matter or may refer it back to the Registrar with such directions as the Judge thinks fit.

(4) Nothing in this section shall prevent the exercise, by any Judge, of any jurisdiction or powers conferred on any Registrar under this section.

Subject to section 57, where—

• (a) a Tribunal makes a request to the Attorney-General to assist in obtaining by search and seizure any thing that is relevant to a Tribunal offence; and

• (b) the Attorney-General is satisfied that there are reasonable grounds for believing that the thing is located in New Zealand,—

the Attorney-General may, in writing, authorise a constable to apply to a Judge for the issue of a search warrant in accordance with section 48, and that constable may apply for the warrant accordingly.

(1) This section applies where—

• (a) a Tribunal makes a request to the Attorney-General for the attendance of a person—

  • (i) at a hearing in a foreign country in connection with a proceeding before the Tribunal; or

  • (ii) in a foreign country to assist an investigation being conducted by the Tribunal; and

• (b) the person is in New Zealand and is not a person described in section 31(1)(b).

(2) Where, on receipt of a request to which this section applies, the Attorney-General is satisfied—

• (a) that the proceeding or investigation relates to a Tribunal offence; and

• (b) that there are reasonable grounds to believe that the person can give evidence relevant to the proceeding or assist the investigation; and

• (c) that the person has freely consented to giving evidence or assisting in the foreign country; and

• (d) that the Tribunal has given, to the extent, if any, required by the Attorney-General, an adequate undertaking in respect of the matters specified in section 33,—

the Attorney-General may, subject to section 57, authorise, in writing, assistance to the Tribunal in accordance with this section and may assist in the making of arrangements to facilitate that attendance.

(1) This section applies where—

• (a) a Tribunal has made a request to the Attorney-General for the attendance of a person—

  • (i) at a hearing in a foreign country in connection with a proceeding before the Tribunal; or

  • (ii) in a foreign country to assist an investigation being conducted by the Tribunal; and

• (b) the person is in New Zealand and is—

  • (i) a prisoner; or

  • (ii) on parole, home detention, or compassionate release, or is subject to release conditions, under Part 1 of the Parole Act 2002; or

  • (iia) subject to a sentence of home detention imposed under section 80A of the Sentencing Act 2002; or

  • (iii) [Repealed]

  • (iv) at large pursuant to section 62 of the Corrections Act 2004; or

  • (v) subject to a community-based sentence (within the meaning of section 4(1) of the Sentencing Act 2002).

(2) Where, on receipt of a request to which subsection (1) applies, the Attorney-General is satisfied—

• (a) that the proceeding or investigation relates to a Tribunal offence; and

• (b) that there are reasonable grounds to believe that the person can give evidence relevant to the proceeding or assist the investigation; and

• (c) that the person has freely consented to giving evidence or assisting in the foreign country; and

• (d) that the Tribunal has given, to the extent, if any, required by the Attorney-General, adequate undertakings in respect of the matters referred to in section 33,—

the Attorney-General may, subject to section 57, authorise the travel of the person to a foreign country in accordance with this section.

(3) Where travel by a person to a foreign country is authorised in accordance with subsection (2), the Attorney-General may,—

• (a) in the case of a person who is a prisoner, direct that the prisoner be released from the prison in which that person is detained for the purpose of travelling to the foreign country to give evidence at the hearing, and may make arrangements for the prisoner to travel to the foreign country in the custody of a constable or a prison officer:

• (b) in the case of any other person to which this section applies, approve and arrange the travel of the person to the foreign country to give evidence at the hearing, and may obtain such approvals, authorities, and permissions as are required for the purpose, including the variation, discharge, or suspension of the conditions of the person's release, or the variation, cancellation, or suspension of the person's sentence, or of the conditions of the person's sentence.

(4) A direction given, pursuant to subsection (3)(a), by the Attorney-General in respect of a prisoner shall be sufficient authority for the release of the prisoner from the prison in which he or she is detained for the purposes of the direction.

(5) Every person released under a direction given pursuant to subsection (3)(a) shall, while that person is in New Zealand during the period of that release, be deemed, for the purposes of section 120 of the Crimes Act 1961 (which relates to escaping from lawful custody) and for that purpose only, to continue to be in legal custody for the time being under the Corrections Act 2004.

Where a prisoner who is serving a sentence for an offence against the law of New Zealand is released from a New Zealand prison pursuant to a request by a Tribunal under section 31, the prisoner shall, while in custody in connection with the request (including custody outside New Zealand), be deemed to be continuing to serve that sentence.

(1) Where a Tribunal makes a request to the Attorney-General for the attendance of a person to whom section 31 applies or a person to whom section 30 applies to give evidence or assist, the Attorney-General shall seek from the Tribunal an undertaking—

• (a) that the person will only be required to give evidence or assistance in relation to the Tribunal offence specified in the request; and

• (b) that any evidence given by the person will not be used in any proceeding other than the proceeding to which the Tribunal offence relates; and

• (c) that the person will be returned to New Zealand as soon as practicable in accordance with arrangements agreed to by the Attorney-General.

(2) In a case where the request relates to a person who is a prisoner, and the Attorney-General requests the Tribunal to make arrangements for the keeping of the prisoner in custody while the prisoner is in the foreign country, the Tribunal shall also give, to the extent, if any, required by the Attorney-General, the following undertakings:

• (a) that appropriate arrangements will be made for that purpose:

• (b) that the prisoner will not be released from custody in the foreign country without the prior approval of the Attorney-General:

• (c) that if the prisoner is released in accordance with paragraph (b), the prisoner's accommodation and expenses will be paid for by the Tribunal until the Tribunal decides that the person is no longer required to give evidence in the proceeding, or to assist the investigation, to which the request relates.

(1) Where a person is to be transported in custody from a foreign country through New Zealand to another foreign country for the purpose of—

• (a) giving evidence in a proceeding before a Tribunal; or

• (b) giving assistance in relation to an investigation being conducted by a Tribunal; or

• (c) being surrendered to a Tribunal,—

that person may be transported through New Zealand in the custody of another person.

(2) Where an aircraft or ship by which the person is being transported lands or calls at a place in New Zealand, the person must be kept in such custody as the Attorney-General may direct in writing until the person's 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 Attorney-General's opinion, continued within a reasonable time,—

the Attorney-General may direct that the person be transported in custody to the foreign 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) For the purposes of enabling the grant of a limited 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.

(5) The Attorney-General may, at any time by notice in writing, cancel any certificate issued under subsection (4) 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.

(1) Subject to section 57, where—

• (a) a Tribunal requests the Attorney-General to arrange for service in New Zealand of a process relating to a proceeding before, or an investigation conducted by, the Tribunal in respect of a Tribunal offence; and

• (b) the Attorney-General is satisfied—

  • (i) that the request relates to a Tribunal offence; and

  • (ii) that there are reasonable grounds for believing that the person to be served is located in New Zealand,—

the Attorney-General may authorise service of the process.

(2) Where service is authorised under subsection (1), 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 Tribunal a certificate as to service; or

  • (ii) is not served, transmit to the Attorney-General for transmission to the Tribunal a statement of the reasons that prevented the service.

(1) A Tribunal may sit in New Zealand for the purpose of performing its functions.

(2) Without limiting the generality of subsection (1), a Tribunal may sit in New Zealand for the purpose of—

• (a) taking evidence; or

• (b) conducting or continuing a proceeding before the Tribunal; or

• (c) giving judgment in a proceeding before the Tribunal.

While a Tribunal is sitting in New Zealand, it may exercise such powers that the Tribunal may exercise under the Statute of the Tribunal, and under any rules of procedure and evidence adopted pursuant to the Statute of the Tribunal and for the time being in force.

(1) A Tribunal may at any sitting of the Tribunal in New Zealand administer an oath or affirmation in accordance with the practice and procedure of the Tribunal.

(2) Evidence given by a person on oath or affirmation administered by the Tribunal under subsection (1) shall, for the purposes of section 108 of the Crimes Act 1961 (which relates to perjury), be deemed to have been given as evidence in a judicial proceeding on oath.

No application for review under Part 1 of the Judicature Amendment Act 1972 and no application for an order of mandamus or prohibition or certiorari or for a declaration or injunction may be brought in respect of any judgment or order or determination of a Tribunal made or given at a sitting of the Tribunal in New Zealand.

(1) Every person commits an offence who, at any sitting of a Tribunal in New Zealand,—

• (a) assaults, threatens, intimidates, or wilfully insults—

  • (i) a Judge of the Tribunal; or

  • (ii) the Prosecutor of the Tribunal; or

  • (iii) the Registrar or any other officer of the Tribunal; or

  • (iv) a person appearing as a barrister or solicitor, or both, before the Tribunal; or

  • (v) a witness in proceedings before the Tribunal; or

• (b) wilfully interrupts or obstructs the proceedings.

(2) Every person commits an offence who, wilfully and without lawful excuse, disobeys any order or direction of a Tribunal made or given in the course of its proceedings.

(3) Every person who commits an offence against this section is liable on conviction on indictment to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000.

(1) Subject to section 57, where—

• (a) a Tribunal requests the Attorney-General to make arrangements for the enforcement of a forfeiture order made in relation to property that is believed to be in New Zealand; and

• (b) the Attorney-General is satisfied that a person has been convicted by the Tribunal of the Tribunal offence to which the order relates; and

• (c) the Attorney-General is satisfied that the conviction and the order are not subject to further appeal in the Tribunal,—

the Attorney-General may, in writing, authorise the Solicitor-General to apply for the registration of the order in a specified court.

(2) The court specified shall be the office of the High Court that is closest to the place in which the property is believed to be located, or, where the location of the property is not known, any office of the High Court.

(1) Where the Solicitor-General applies to the High Court for the registration of an order in accordance with section 41, the court shall, if it is satisfied that the order is in force, register the order.

(2) An order, or an amendment of an order, shall be registered in the High Court by the registration, in accordance with the prescribed procedure, of—

• (a) a copy of the appropriate order or amendment sealed by the court or other authority making that order or amendment; or

• (b) a copy of that order or amendment duly authenticated in accordance with subsection (3).

(3) A document is duly authenticated for the purposes of subsection (2) if it purports to be signed or certified by a Judge, Registrar, or officer of the Tribunal that made the order or amendment.

(4) Where the High Court registers an order in accordance with this section, the court shall direct the Solicitor-General—

• (a) to give notice of the registration, in the manner and within the time the court considers appropriate, to specified persons (other than a person convicted of an offence in respect of which the order was made) that the court has reason to believe may have an interest in the property; or

• (b) to publish notice of the registration in the manner and within the time the court considers appropriate.

Subject to sections 44 to 47, a forfeiture order registered in accordance with section 42 has effect and may be enforced as if it were a profit forfeiture order made by the High Court under the Criminal Proceeds (Recovery) Act 2009 and entered on the date of registration.

Where a forfeiture order against property is registered in accordance with section 42,—

• (a) subpart 3 of Part 2 of the Criminal Proceeds (Recovery) Act 2009 so far as is applicable and with any necessary modifications, and except to the extent that this Act provides otherwise, applies in relation to the order; and

• (b) the property may be disposed of, or otherwise dealt with, in accordance with any direction of the Attorney-General or of a person authorised in writing by the Attorney-General for the purposes of this paragraph; and

• (c) if for any reason the Attorney-General decides not to direct that the property be transferred to a person or persons in accordance with the request from the Tribunal that made the order, the Attorney-General shall arrange for the property to be transferred to the person in whom it was vested immediately before the forfeiture order was made.

(1) Where a forfeiture order against property is registered in accordance with section 42, any person (other than a person convicted of an offence in respect of which the order was made) who claims an interest in any of the property to which the order relates may apply to the court for an order under section 46.

(2) A person on whom notice of the hearing of the Tribunal held in connection with the making of the forfeiture order was served, or who appeared at the hearing, may not apply under subsection (1) except with the leave of the court.

(3) The court shall not grant leave under subsection (2) unless there are special reasons for doing so.

(4) Without limiting the generality of subsection (3), the court may grant leave under subsection (2) if it is satisfied—

• (a) that the applicant had good reason for failing to attend the hearing held by the Tribunal in connection with the making of the forfeiture order; or

• (b) that evidence proposed to be adduced by the applicant in connection with the application under subsection (1) was not reasonably available to the applicant at the time of that hearing.

(5) Subject to subsection (6), an application under subsection (1) shall be made before the expiry of the period of 2 months beginning on the date on which the forfeiture order is registered in the court.

(6) The court may grant a person leave to apply under subsection (1) outside the period referred to in subsection (5) if the court is satisfied that the person's failure to apply within that period was not due to any neglect on the person's part.

(7) A person who makes an application under subsection (1) shall serve notice of the application on the Solicitor-General, who shall be a party to any proceedings on the application.

(1) Where—

• (a) a person applies to the court under section 45 in respect of an interest in property; and

• (b) the court is satisfied that the applicant's claim to that interest is valid,—

the court shall, subject to subsection (2), make an order—

• (c) declaring the nature, extent, and value of the applicant's interest in the property; and

• (d) either—

  • (i) directing the Crown to transfer the interest to the applicant; or

  • (ii) declaring that there is payable by the Crown to the applicant an amount equal to the value of the interest declared by the court.

(2) The court may refuse to make an order under subsection (1) if it is satisfied that—

• (a) the applicant was, in any respect, involved in the commission of the offence in respect of which the forfeiture order was made; or

• (b) if the applicant acquired the interest at the time of or after the commission of the offence, the applicant did not acquire the interest in the property in good faith and for value, without knowing or having reason to believe that the property was, at the time of the acquisition, tainted property,—

but nothing in this subsection shall be taken to require such a refusal.

(1) Where a forfeiture order has been registered in accordance with section 42, the Attorney-General may direct the Solicitor-General to apply to the High Court for cancellation of the registration of the order.

(2) Without limiting the generality of subsection (1), the Attorney-General may give a direction under that subsection in relation to an order if the Attorney-General is satisfied—

• (a) that the order has, since its registration in New Zealand, ceased to have effect; or

• (b) that the order was registered in contravention of section 42.

(3) Where, in accordance with a direction given under subsection (1), the Solicitor-General applies to the High Court for cancellation of the registration of an order, the court shall cancel the registration accordingly.

(4) Where, pursuant to the Criminal Proceeds (Recovery) Act 2009, a forfeiture order registered in accordance with section 42 is discharged (in whole or in part) or is revoked, that discharge or revocation may be a ground for an application for cancellation of the order under this section.

(1) Any Judge who, on an application in writing made on oath by a constable who is of or above the level of position of inspector under section 11, is satisfied that there are reasonable grounds for believing that there is in or on any place or thing—

• (a) any thing upon or in respect of which a relevant Tribunal offence has been, or is suspected of having been, committed; or

• (b) any thing which there are reasonable grounds for believing will be evidence as to the commission of any such offence—

may issue a search warrant in respect of that thing.

(2) Any Judge who, on application in writing made on oath under section 29 by a constable authorised under that section, is satisfied that there are reasonable grounds for believing that there is in or on any place or thing—

• (a) any thing upon or in respect of which any Tribunal offence has been, or is suspected of having been committed; or

• (b) any thing which there are reasonable grounds for believing will be evidence as to the commission of such an offence—

may issue a search warrant in respect of that thing.

(3) A Judge shall not issue a warrant under this section unless the application contains, or the applicant otherwise supplies to the Judge, such information as the Judge requires concerning the grounds on which the warrant is sought.

(4) In subsection (1), relevant Tribunal offence means a Tribunal offence in respect of which a person has been arrested under a warrant issued under section 7.

(1) Every warrant issued under section 48 shall be in the prescribed form.

(2) Every warrant issued under section 48 shall be directed to any constable by name, or to any class of constables specified in the warrant, or generally to every constable.

(3) Every warrant issued under section 48 shall be subject to such special conditions (if any) as the Judge may specify in the warrant.

(4) Every warrant issued under section 48 shall contain the following particulars:

• (a) the purpose for which it is issued, including the Tribunal offence to which the Tribunal's proceeding or investigation relates; and

• (b) the place or thing that may be searched pursuant to the warrant; and

• (c) a description of the things that are authorised to be seized; and

• (d) the period for which the warrant remains in force, being a period not exceeding 7 days from the date of issue; and

• (e) whether the warrant may be executed at any time or only during particular hours.

(1) Subject to any special conditions specified in the warrant pursuant to section 49(3), every warrant issued under section 48 shall authorise the constable executing the warrant—

• (a) to enter and search the place or thing specified in the warrant at any time by day or night during the currency of the warrant; and

• (b) to use such assistants as may be reasonable in the circumstances for the purpose of the entry and search; and

• (c) to use such force as is reasonable in the circumstances for the purposes of effecting entry, and for breaking open anything in or on the place searched; and

• (d) to search for and seize any thing referred to in section 48.

(2) Every person called upon to assist any constable executing a warrant issued under section 48 shall have the powers prescribed in paragraphs (c) and (d) of subsection (1).

If it is necessary for a constable to stop a vehicle for the purpose of exercising a search power conferred by section 50(1), sections 314B to 314D of the Crimes Act 1961 apply with any necessary modifications as if references in those sections to a statutory search power are references to section 50(1).

Every constable executing any warrant issued under section 48—

• (a) shall have that warrant with him or her; and

• (b) shall produce it on initial entry and, if requested, at any subsequent time; and

• (c) shall, if requested at the time of the execution of the warrant or at any subsequent time, provide a copy of the warrant within 7 days after the request is made.

Every constable who executes a warrant issued under section 48 shall, not later than 7 days after the seizure of any thing pursuant to that warrant, give to the owner or occupier of the place searched, and to every other person whom the constable has reason to believe may have an interest in the thing seized, a written notice specifying—

• (a) the date and time of the execution of the warrant; and

• (b) the identity of the person who executed the warrant; and

• (c) the thing or things seized under the warrant.

Where—

• (a) a warrant issued under section 48 is executed; and

• (b) any thing is seized pursuant to the warrant,—

the Attorney-General shall, where the Tribunal concerned requests, give to the Tribunal a certificate specifying the matters set out in paragraphs (a) to (c) of section 52.

(1) Subject to subsection (2), where—

• (a) a constable has, pursuant to a warrant issued under this Act or pursuant to section 16(2), power to arrest a person; and

• (b) the constable believes on reasonable grounds that the person is on any premises,—

the constable may enter the premises, using such force as is necessary and reasonable in the circumstances, at any time of the day or night for the purpose of arresting the person.

(2) If, in any case to which this section applies, the constable is not in uniform and any person in actual occupation of the premises requires the constable to produce evidence of his or her authority, the constable shall before entering on the premises produce his or her badge or other evidence that he or she is a constable.

(1) Where a constable seizes a thing pursuant to a warrant issued under this Act, that constable shall deliver it into the custody and control of the Commissioner of Police or a constable who is of or above the level of position of inspector designated by the Commissioner of Police to receive things seized under this Act.

(2) Subject to subsection (5), the Commissioner of Police or designated constable shall—

• (a) inform the Attorney-General that the thing has been so delivered; and

• (b) retain the thing for a period not exceeding 1 month from the day on which the thing was seized pending the Attorney-General's direction under subsection (3) about how to deal with the thing; and

• (c) comply with any direction that the Attorney-General gives.

(3) The Attorney-General may, by written notice, give the Commissioner of Police or designated constable a direction as to how to deal with the thing seized.

(4) Without limiting the directions that may be given under subsection (3), the Attorney-General may require the Commissioner of Police or designated constable to send the thing seized to the Tribunal concerned.

(5) The Attorney-General shall direct the Commissioner of Police or designated constable to return the thing seized if—

• (a) the reason for its seizure no longer exists; or

• (b) it is decided that the thing is not to be used in evidence by the Tribunal concerned—

unless the thing seized is the subject of a dispute as to who is entitled to it.

(6) If no direction is given by the Attorney-General before the expiry of the period referred to in subsection (2)(b), the Commissioner of Police or designated constable shall arrange for the thing to be returned to the person from whose possession it was seized as soon as practicable after that period has expired unless the thing seized is the subject of a dispute as to who is entitled to it.

Nothing in this Act shall prevent the provision of assistance to a Tribunal otherwise than under this Act.

The Attorney-General may decline to comply with a request to which section 21, 29, 30, 31, 35, or 41 applies where, in the Attorney-General's opinion,—

• (a) to comply with the request would prejudice the sovereignty, security, or national interests of New Zealand; or

• (b) the request relates to the prosecution of a person for an offence in a case where the person has been tried by a national court or authority, whether in New Zealand or elsewhere, in respect of that offence or for another offence constituted by the same act or omission except where the Tribunal is exercising jurisdiction because—

  • (i) the act or omission for which the person has been tried was characterised as an ordinary offence under the law of the country where the trial took place; or

  • (ii) the proceedings in the national court or authority were—

    • (A) not impartial or independent; or

    • (B) designed to shield the person from international criminal responsibility; or

    • (C) not diligently prosecuted; or

• (c) the request is for assistance of a kind that would require steps to be taken for its implementation that could not be lawfully taken; or

• (d) there are some other exceptional circumstances that justify non-compliance with the request.

(1) Where the Attorney-General receives a request made by a Tribunal, the Attorney-General may give a certificate certifying all or any of the following facts:

• (a) that a request for assistance under this Act has been made by the Tribunal:

• (b) that the request meets the requirements of this Act:

• (c) that the acceptance of the request has been duly made under and in accordance with this Act.

(2) In any proceeding under this Act a certificate purporting to have been given under subsection (1) shall, in the absence of proof to the contrary, be sufficient evidence of the matters certified by the certificate.

(1) Where a request for assistance under this Act is received from a Tribunal, the Attorney-General shall ensure that the Tribunal is provided with a response to that request.

(2) If the Attorney-General declines, in accordance with this Act, to comply with a request, the Attorney-General shall give reasons to the Tribunal for the Attorney-General's decision.

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

• (a) prescribing the procedure to be followed in dealing with requests made by a Tribunal, and providing for notification of the results of action taken pursuant to any such request:

• (b) prescribing the procedures for obtaining evidence or producing documents or other articles pursuant to a request made by a Tribunal:

• (c) providing for the payment of fees, travelling allowances, and expenses to any person in New Zealand who gives or provides evidence or assistance pursuant to a request made by a Tribunal:

• (d) prescribing conditions for the protection of any property sent to a Tribunal pursuant to a request made under this Act; and making provision for the return of property in New Zealand pursuant to a request:

• (e) prescribing the forms of applications, notices, certificates, warrants, and other documents for the purposes of this Act, and requiring the use of such forms:

• (f) providing for such other matters as are contemplated by or are necessary for giving full effect to this Act and for its due administration.

(1) The Governor-General may from time to time, by Order in Council, declare a tribunal that has been established by the Security Council of the United Nations under chapter VII of the Charter of the United Nations to be a tribunal for the purposes of this Act, and, for that purpose, may also, by the same Order in Council, add a new Part to the Schedule setting out the statute of that tribunal.

(2) The Governor-General may from time to time, by Order in Council, declare that a tribunal has ceased to be a tribunal for the purposes of this Act and, for that purpose, may also, by the same Order in Council, omit the Part of the Schedule that sets out the statute of that tribunal.

(3) An Order in Council made under this section is deemed to be a regulation for the purposes of the Regulations (Disallowance) Act 1989.

Amendment(s) incorporated in the Act(s).