Mutual Assistance in Criminal Matters Amendment Act 2015

  • Previous title has changed
Coat of Arms of New Zealand

Mutual Assistance in Criminal Matters Amendment Act 2015

Public Act
 
2015 No 107
Date of assent
 
6 November 2015
Commencement
 
see section 2

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Mutual Assistance in Criminal Matters Amendment Act 2015.

2 Commencement

(1)

Section 4 of this Act comes into force on the earlier of the following:

(a)

a date appointed by the Governor-General by Order in Council:

(b)

the day that is 90 days after the date on which the Act receives the Royal assent.

(2)

Section 5 of this Act comes into force on the day after the date on which the Act receives the Royal assent.

3 Principal Act

This Act amends the Mutual Assistance in Criminal Matters Act 1992 (the principal Act).

4 Section 31 replaced (Assistance in obtaining evidence in New Zealand)

Replace section 31 with:

31 Assistance in obtaining evidence in New Zealand

(1)

A foreign country may request the Attorney-General to assist in arranging—

(a)

the taking of evidence in New Zealand; or

(b)

the production of documents or other articles in New Zealand; or

(c)

the undertaking of a forensic comparison under the Criminal Investigations (Bodily Samples) Act 1995 and the production of a document specifying the result of that comparison.

(2)

The Attorney-General may, in writing, authorise the requested assistance if,—

(a)

in the case of receipt of a request made under subsection (1)(a) or (b) by a foreign country, the Attorney-General is satisfied that—

(i)

the request relates to criminal proceedings in the foreign country; and

(ii)

there are reasonable grounds for believing that the evidence can be taken or the documents or other articles can be produced in New Zealand:

(b)

in the case of receipt of a request made under subsection (1)(c) by a foreign country, the Attorney-General is satisfied that—

(i)

the request relates to a criminal matter in the foreign country; and

(ii)

the request is in respect of an offence that corresponds to an offence in New Zealand that is punishable by a term of imprisonment of more than 1 year.

(3)

If, under subsection (2), the Attorney-General authorises—

(a)

the taking of evidence, a Judge may, subject to sections 32 and 33 and to any regulations made under this Act, take the evidence on oath of each witness appearing before the Judge and must, in this case,—

(i)

cause the evidence to be put in writing and certify, in the prescribed form, that the evidence was taken by the Judge; and

(ii)

cause the writing to be sent to the Attorney-General:

(b)

the production of documents or other articles, a Judge may, subject to sections 32 and 33 and to any regulations made under this Act, require the production of the documents or other articles, and, unless the Judge otherwise orders, must cause the documents, or copies of the documents certified by the Judge to be true copies, or the other articles, to be sent to the Attorney-General.

5 Schedule 1 amended

In Schedule 1, after item 31, insert:

32The United Nations Convention against Corruption (2003)An offence against any of the following sections of the Crimes Act 1961:
sectionsubject matter
100judicial corruption
101bribery of judicial officer, etc
102corruption and bribery of Minister of the Crown
103corruption and bribery of member of Parliament
104corruption and bribery of law enforcement officer
105corruption and bribery of official
105Acorrupt use of official information
105Buse or disclosure of personal information disclosed in breach of section 105A
105Cbribery of foreign public official
105Dbribery outside New Zealand of foreign public official
105Ecorruption of foreign public officials
105Ftrading in influence
116conspiring to defeat justice
117corrupting juries and witnesses
219theft or stealing
220theft by person in special relationship
228dishonestly taking or using document
240obtaining by deception or causing loss by deception
243money laundering
246receiving
249accessing computer system for dishonest purpose
An offence against any of the following sections of the Secret Commissions Act 1910:
sectionsubject matter
3gifts to agent without consent of principal an offence
4acceptance of such gifts by agent an offence
8receiving secret reward for procuring contracts an offence
Legislative history

21 October 2015

Divided from Organised Crime and Anti-corruption Legislation Bill (Bill 219–2) as Bill 219–3M

4 November 2015

Third reading

6 November 2015

Royal assent

This Act is administered by the Ministry of Justice.