NEW ZEALAND AND THE REPUBLIC OF KOREA (hereinafter
referred to as
DESIRING to improve the effectiveness
of both countries in the prevention, investigation and prosecution
of crime through cooperation and mutual assistance in criminal matters,
HAVE AGREED as follows:
Scope of application
The Parties shall, in accordance with this
Treaty, grant each other assistance in investigations, prosecutions
or proceedings in respect of criminal matters.
2 Criminal matters also include matters connected with offences
against a law related to taxation, customs duties, foreign exchange
control or other revenue matters, but not in connection with non-criminal
proceedings relating thereto.
3 Assistance shall include:
4 Assistance granted under this Treaty does not include:
5 This Treaty shall not apply to Tokelau unless the Parties
have exchanged notes agreeing the terms on which this Treaty applies.
This Treaty shall not affect any existing obligations
between the Parties, whether pursuant to other treaties, arrangements,
or otherwise, nor prevent the Parties from providing assistance to
each other pursuant to other treaties, arrangements, or otherwise.
Contents of requests
Refusal of assistance
Execution of requests
Requests for assistance shall be carried out
promptly by the competent authorities of the Requested Country in
accordance with the laws of that country and, to the extent those
laws permit, in the manner requested by the Requesting Country.
2 The Requested Country may postpone the delivery of material
requested if such material is required for proceedings in respect
of criminal or civil matters in that Country. If this is the case,
the Requested Country shall, upon request, provide certified copies
3 The Requested Country shall promptly inform the Requesting
Country of circumstances, when they become known to the Requested
Country, which are likely to cause a significant delay in carrying
out the request.
Return of material to Requested Country
Where required by the Requested Country, the Requesting
Country shall return material provided under this Treaty when it is
no longer needed for the criminal matter to which the request relates.
Confidentiality and limitation of use
The Requested Country shall, if so requested,
use its best efforts to keep confidential a request for assistance,
the contents of the request and its supporting documentation, and
any action taken pursuant to the request. If the request cannot be
executed without breaching confidentiality, the Requested Country
shall so inform the Requesting Country before executing the request,
and the Requesting Country shall advise whether it nevertheless wishes
the request to be executed.
2 The Requesting Country shall, if so requested, use its
best efforts to keep confidential information and evidence provided
by the Requested Country except to the extent that the evidence and
information is needed for the criminal matter to which the request
relates and where otherwise authorised by the Requested Country.
3 The Requesting Country shall, if so requested, use its
best efforts to ensure that the information or evidence is protected
against loss and unauthorised access, use, modification, disclosure
or other misuse.
4 The Requesting Country shall not use information or evidence
obtained, nor anything derived from either, for purposes other than
those stated in a request without the prior consent of the Requested
Service of documents
Taking of evidence
The Requested Country shall, to the extent
its laws permit, carry out requests for the taking of evidence in
respect of a criminal matter, for transmission to the Requesting Country.
2 To the extent permitted by its law, the Requested Country
shall permit such persons as are specified in the request to be present
during the execution of the request and shall allow such persons to
question the person giving evidence or to submit the questions to
be posed to that person.
3 A person from whom evidence is to be taken in the Requested
Country pursuant to a request under this Article may decline to give
4 If any person in the Requested Country claims that there
is a right or obligation to decline to give evidence under the law
of the Requesting Country, the Central Authority of the Requesting
Country shall, upon request, provide a certificate to the Central
Authority of the Requested Country as to the existence or otherwise
of that right. In the absence of evidence to the contrary, the certificate
shall be sufficient evidence of the matters stated in it.
5 For the purposes of this Article, the taking of evidence
includes the production of documents or other articles.
Obtaining of statements of persons
The Requested Country shall, upon request, endeavour to
obtain statements of persons in respect of a criminal matter in the
Transfer of persons in custody to give evidence
A person in custody in the Requested Country
may, at the request of the Requesting Country, be temporarily transferred
to that Country to give evidence in criminal proceedings in that Country.
For the purposes of this Article, a person in custody also includes
a person not detained in prison but who is subject to a sentence imposed
for an offence, not being a sentence of a monetary nature.
2 The Requested Country shall transfer a person in custody
to the Requesting Country only if:
3 Where the Requested Country advises the Requesting Country
that the transferred person is no longer required to be held in custody,
that person shall be released.
4 A person who is transferred pursuant to a request under
this Article shall be returned to the Requested Country in accordance
with arrangements agreed by the Requested Country as soon as practicable
after the evidence has been given or at such earlier time as the person's
presence is no longer required.
5 A person transferred shall receive credit for service
of the sentence imposed in the Requested Country for the time served
in the custody of the Requesting Country.
Availability of other persons to give evidence or assist
Subject to paragraph 2 of this Article, where
a person is in the Requesting Country pursuant to a request made under
Articles 12 or 13 of this
Treaty, during the period that the person is required to remain in
the Requesting Country for the purposes of the request:
(a) the person shall not be detained, prosecuted or punished
in the Requesting Country for any offence, nor be subject to any civil
proceedings, being civil proceedings to which the person could not
be subjected if the person were not in the Requesting Country, in
respect of any act or omission which preceded the person's departure
from the Requested Country; and
(b) the person shall not, without the person's consent, be
required to give evidence in any criminal proceeding or to assist
any criminal investigation other than the criminal matter to which
the request relates.
2 Paragraph 1 of this Article ceases to apply if that person,
being free to leave, has not left the Requesting Country within a
period of 15 days after that person has been officially notified
that his or her presence is no longer required or, having left, has
3 A person who does not consent to give evidence pursuant
to Articles 12 or 13 of this
Treaty shall not by reason thereof be liable to any penalty or coercive
measure by the courts of the Requesting country or Requested Country.
4 A person who consents to give evidence pursuant to Articles
12 or 13 of this
Treaty shall not be subject to prosecution based on his or her testimony,
except for perjury or contempt of Court.
Provision of information
Search and seizure
The Requested Country shall, to the extent
its laws permit, carry out requests made in respect of a criminal
matter in the Requesting Country for the search, seizure and delivery
of material to that country.
2 The Requested Country shall provide such information as
may be required by the Requesting Country concerning the result of
any search, the place and circumstances of seizure, and the subsequent
custody of the material seized.
3 The Requesting Country shall observe any conditions imposed
by the Requested Country in relation to any seized material which
is delivered to the Requesting Country.
Proceeds of crime
The Requested Country shall, upon request,
endeavour to ascertain whether any proceeds of a crime are located
within its jurisdiction and shall notify the Requesting Country of
the results of its inquiries.
2 Where, pursuant to paragraph 1, suspected proceeds of
crime are found, the Requested Country shall take such measures as
are permitted by its law to restrain or confiscate such proceeds.
3 In the application of this Article, the rights of bona
fide third parties shall be respected under the law of the Requested
4 The Requested Country shall retain any proceeds of crime
that are confiscated unless otherwise agreed in a particular case.
5 For the purposes of this Treaty “proceeds of crime”
means any property suspected, or found by a court to be property directly
or indirectly derived or realised as a result of the commission of
an offence or to represent the value of property and other benefits
derived from the commission of an offence; and includes property that
is used to commit or to facilitate the commission of an offence.
Certification and authentication
Subject to paragraph 2, a request for assistance,
and the documents in support thereof, and documents or materials furnished
in response to a request, shall not require any form of certification
or authentication unless the Requested Country so requests in a particular
2 Where, in a particular case, the Requested or Requesting
Country requests that documents or materials be authenticated, the
documents or materials shall be duly authenticated in the manner provided
in paragraph 3.
3 Documents or materials are authenticated for the purposes
of this Treaty if:
The Central Authority of each Party may enter into subsidiary
arrangements consistent with the purposes of this Treaty and with
the laws of both Parties.
Representation and expenses
Consultation and settlement of disputes
The Parties shall consult promptly, at the request of
either, concerning any issue relating to the interpretation, application
or implementation of this Treaty, either generally or in relation
to a particular case.
Entry into force and termination