The Parliament of New Zealand enacts as follows:
This Act is the Mutual Assistance in Criminal Matters Amendment Act 2015.
Section 4 of this Act comes into force on the earlier of the following:
a date appointed by the Governor-General by Order in Council:
the day that is 90 days after the date on which the Act receives the Royal assent.
Section 5 of this Act comes into force on the day after the date on which the Act receives the Royal assent.
This Act amends the Mutual Assistance in Criminal Matters Act 1992 (the principal Act).
Replace section 31 with:
A foreign country may request the Attorney-General to assist in arranging—
the taking of evidence in New Zealand; or
the production of documents or other articles in New Zealand; or
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.
The Attorney-General may, in writing, authorise the requested assistance if,—
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—
the request relates to criminal proceedings in the foreign country; and
there are reasonable grounds for believing that the evidence can be taken or the documents or other articles can be produced in New Zealand:
in the case of receipt of a request made under subsection (1)(c) by a foreign country, the Attorney-General is satisfied that—
the request relates to a criminal matter in the foreign country; and
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.
If, under subsection (2), the Attorney-General authorises—
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,—
cause the evidence to be put in writing and certify, in the prescribed form, that the evidence was taken by the Judge; and
cause the writing to be sent to the Attorney-General:
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.
In Schedule 1, after item 31, insert:
21 October 2015
Divided from Organised Crime and Anti-corruption Legislation Bill (Bill 219–2) as Bill 219–3M
4 November 2015
6 November 2015
This Act is administered by the Ministry of Justice.