The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Ministry of Justice.

Pursuant to section 65 of the Mutual Assistance in Criminal Matters Act 1992, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

1	Title and commencement
2	Interpretation
3	Forms
4	Issue of summons to appear as witness or produce documents or articles
5	Witnesses expenses
6	Registration of foreign orders
	Schedule Forms
	Gazette Information
	Notes

Regulations

1 Title and commencement

(1)

These regulations may be cited as the Mutual Assistance in Criminal Matters Regulations 1993.

(2)

These regulations shall come into force on 1 May 1993.

2 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

(a)

a reference to the Act means the Mutual Assistance in Criminal Matters Act 1992:

(b)

a reference to a numbered form is a reference to the form so numbered in the Schedule.

(2)

Expressions not defined in these regulations but defined in the Act have, in these regulations, the meanings so defined.

3 Forms

(1)

The forms set out in the Schedule are the forms to be used in respect of the proceedings or matters under the Act to which those forms relate.

(2)

Such variations may be made in any prescribed form as the circumstances of any particular case may require.

(3)

Strict compliance with the prescribed forms is not necessary, and substantial compliance, or such compliance as the particular circumstances of the case allow, is sufficient.

4 Issue of summons to appear as witness or produce documents or articles

(1)

Where, under section 31(2) of the Act, the Attorney-General authorises the taking of evidence, or the production of documents or other articles, or both, a Judge or a Registrar of the High Court authorised under section 35(1) of the Act may issue a summons in form 2 requiring the person to whom it is addressed to attend at the time and place specified in the summons—

(a)

where, under section 31(2) of the Act, the Attorney-General has authorised the taking of evidence, to give evidence:

(b)

where, under section 31(2) of the Act, the Attorney-General has authorised the production of documents or other articles, to produce such documents or articles as are specified in the summons.

(2)

Every summons issued under subclause (1) in respect of any person shall be served on that person in accordance with the rules in relation to service of a summons made under the Criminal Procedure Act 2011 that apply (with all necessary modifications).

(3)

[Revoked]

Regulation 4(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Regulation 4(3): revoked, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

5 Witnesses expenses

Every person attending a court upon a summons issued under regulation 4 shall be entitled to receive such fees, allowances, and travelling expenses as the court directs in accordance with the Witnesses and Interpreters Fees, Allowances, and Expenses Regulations 2023.

Regulation 5: amended, on 1 May 2023, by regulation 16(1) of the Witnesses and Interpreters Fees, Allowances, and Expenses Regulations 2023 (SL 2023/18).

6 Registration of foreign orders

(1)

The registration of a foreign order ordered to be registered under section 56 of the Act shall be effected by the entry, in an appropriate record book kept by the Registrar, of the following particulars:

(a)

the nature of the foreign order:

(b)

the names of the parties to the foreign order:

(c)

the name of the court or other authority that made the foreign order:

(d)

the date of the foreign order:

(e)

the property to which the foreign order applies:

(f)

the date of the order for registration.

(2)

Under the entry and on the copy of the order the Registrar shall endorse and sign the following minute:

“
Registered in the High Court at [place] on [date of registration] pursuant to section 56 of the Mutual Assistance in Criminal Matters Act 1992.”

Schedule Forms

r 3(1)

Form 1 Authorisation to take evidence (or produce documents or articles)

Section 31(2), Mutual Assistance in Criminal Matters Act 1992

I have received a request from [country] under section 31 of the Mutual Assistance in Criminal Matters Act 1992, to make arrangements for the evidence set out in the Schedule to this authority to be taken in New Zealand (or for the documents or other articles set out in the Schedule to this authority to be produced in New Zealand).

I am satisfied—

(a)

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

(b)

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

and in my opinion nothing in the Mutual Assistance in Criminal Matters Act 1992 precludes the granting of this request.

Pursuant to section 31(2) of the Mutual Assistance in Criminal Matters Act 1992, I hereby authorise the taking of the evidence (or the production of the documents or other articles).

Dated at: [place, date]

Attorney-General:

Schedule

[Here set out the general nature of the evidence to be taken, (or a description of the documents or articles to be produced), and the name(s) and, if known, the address(es) of the person(s) who is (are) to give evidence (or who have custody of the documents or articles)].

Schedule form 1: amended, on 1 May 2000, by regulation 3 of the Mutual Assistance in Criminal Matters Amendment Regulations 2000 (SR 2000/34).

Form 2 Summons to witness

r 4(1)

Mutual Assistance in Criminal Matters Act 1992

To [full name], of [address, occupation]

You are summoned to attend at the High Court at [place, date, time] and on such other days as may be directed by the court—

*
to give evidence in respect of [state brief particulars of criminal proceedings in foreign country].
*
to produce the following documents (or articles): [specify what is to be produced].

Dated at: [place, date]

Judge of the High Court:
(or Registrar of the High Court)

*Delete if inapplicable.

Form 3 Certificate of evidence taken for use in criminal proceedings in foreign country

Sections 31(3) and 34(2), Mutual Assistance in Criminal Matters Act 1992

I hereby certify as follows:

1

The evidence attached as Schedule(s) [specify] (to) [specify] to this certificate was taken before me, on the oath of each witness, in the High Court at [place, date].

*2

The following documents (or articles) were produced at the hearing: [specify].

3

The following persons gave evidence (or produced documents or other articles) at the hearing:

Name of person: [full name]

Legally represented at the hearing: yes/no

4

The person to whom the proceedings in the foreign country relate, [full name], was (was not) present at the hearing and was (was not) legally represented.

5

The following authority of the foreign country was present at the hearing and was/was not legally represented: [specify].

Dated at: [place, date]

Judge of the High Court:
(or Registrar of the High Court)

*Delete if inapplicable.

Schedules

Form 4 Authorisation to apply for search warrant

[Revoked]

Schedule form 4: revoked, on 1 October 2025, by section 47 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).

Form 5 Warrant to search and seize article or thing relevant to foreign offence

[Revoked]

Schedule form 5: revoked, on 1 October 2012, by regulation 4(2) of the Mutual Assistance in Criminal Matters Amendment Regulations 2012 (SR 2012/242).

Form 6 Authorisation to apply for search warrant under Proceeds of Crime Act 1991

Section 59, Mutual Assistance in Criminal Matters Act 1992

To [full name], a constable who is of or above the level of position of inspector

I have received a request from [country] under section 59(1) of the Mutual Assistance in Criminal Matters Act 1992, to obtain the issue of a search warrant in respect of tainted property believed to be located in New Zealand.

I am satisfied—

(a)

that the request relates to a criminal investigation (or criminal proceedings) in respect of the following foreign serious offence [specify offence]; and

(b)

that there are reasonable grounds for believing that tainted property in respect of the offence is in New Zealand—

and in my opinion nothing in the Mutual Assistance in Criminal Matters Act 1992 precludes the granting of the request.

Therefore I hereby authorise you to apply under section 38A of the Proceeds of Crime Act 1991 for the search warrant so requested.

Dated at: [place, date]

Attorney-General:

Schedule form 6: amended, on 1 October 2008, pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).

Schedule form 6: amended, on 1 May 2000, by regulation 3 of the Mutual Assistance in Criminal Matters Amendment Regulations 2000 (SR 2000/34).

Form 7 Authorisation to apply for restraining order under Proceeds of Crime Act 1991

Section 60, Mutual Assistance in Criminal Matters Act 1992

To [full name], Solicitor-General

I have received a request from [country] under section 60(1) of the Mutual Assistance in Criminal Matters Act 1992, to obtain the issue of a restraining order in respect of property that is believed to be located in New Zealand.

I am satisfied—

(a)

that criminal proceedings have been commenced in that country in respect of the following foreign serious offence [specify offence]; and

(b)

that there are reasonable grounds for believing that property that may be made, or is, the subject of a foreign restraining order is located in New Zealand,—

and in my opinion nothing in the Mutual Assistance in Criminal Matters Act 1992 precludes the granting of the request.

Therefore I hereby authorise you to apply under section 66A of the Proceeds of Crime Act 1991 for the restraining order so requested.

Dated at: [place, date]

Attorney-General:

Schedule form 7: amended, on 1 May 2000, by regulation 3 of the Mutual Assistance in Criminal Matters Amendment Regulations 2000 (SR 2000/34).

Form 8 Authorisation to apply for production order under Proceeds of Crime Act 1991

Section 61, Mutual Assistance in Criminal Matters Act 1992

To [full name], a constable who is of or above the level of position of inspector

I have received a request from [country] under section 61(1) of the Mutual Assistance in Criminal Matters Act 1992, to obtain the issue of a production order in respect of (a) property-tracking document(s).

I am satisfied—

(a)

that the request relates to a criminal matter in that country in respect of the following offence [specify offence], being a foreign drug-dealing offence; and

(b)

that there are reasonable grounds for believing that 1 or more property-tracking documents in relation to the offence are located in New Zealand,—

and in my opinion nothing in the Mutual Assistance in Criminal Matters Act 1992 precludes the granting of the request.

Therefore I hereby authorise you to apply under section 76A of the Proceeds of Crime Act 1991 for the production order so requested.

Dated at: [place, date]

Attorney-General:

Schedule form 8: amended, on 1 October 2008, pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).

Schedule form 8: amended, on 1 May 2000, by regulation 3 of the Mutual Assistance in Criminal Matters Amendment Regulations 2000 (SR 2000/34).

Form 9 Authorisation to apply for monitoring order under Proceeds of Crime Act 1991

Section 62, Mutual Assistance in Criminal Matters Act 1992

To [full name], a constable who is of or above the level of position of inspector

I have received a request from [country] under section 62(1) of the Mutual Assistance in Criminal Matters Act 1992, to obtain the issue of a monitoring order.

I am satisfied—

(a)

that the request relates to a criminal matter in that country in respect of the following offence [specify offence], being a foreign drug-dealing offence; and

(b)

that there are reasonable grounds for believing that information about transactions conducted through an account held by [full name] with a financial institution in New Zealand is relevant to the matter,—

and in my opinion nothing in the Mutual Assistance in Criminal Matters Act 1992 precludes the granting of the request.

Therefore I hereby authorise you to apply under section 81A of the Proceeds of Crime Act 1991 for the monitoring order so requested.

Dated at: [place, date]

Attorney-General:

Schedule form 9: amended, on 1 October 2008, pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).

Schedule form 9: amended, on 1 May 2000, by regulation 3 of the Mutual Assistance in Criminal Matters Amendment Regulations 2000 (SR 2000/34).

Form 10 Certificate relating to request

Section 64, Mutual Assistance in Criminal Matters Act 1992

I hereby certify—

*
that a request for assistance under the Mutual Assistance in Criminal Matters Act 1992 has been made to me by [country]. The assistance requested is of the following nature: [specify].
*
that the request meets the requirements of that Act.
*
that acceptance of the request has been duly made under and in accordance with that Act.

Dated at: [place, date]

Attorney-General:

*Delete if inapplicable.

Marie Shroff,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 22 April 1993.

Notes

1 General

This is a consolidation of the Mutual Assistance in Criminal Matters Regulations 1993 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39): section 47

Witnesses and Interpreters Fees, Allowances, and Expenses Regulations 2023 (SL 2023/18): regulation 16(1)

Mutual Assistance in Criminal Matters Amendment Regulations 2012 (SR 2012/242)

Criminal Procedure Act 2011 (2011 No 81): section 413

Policing Act 2008 (2008 No 72): section 116(a)(ii), (b)

Mutual Assistance in Criminal Matters Amendment Regulations 2000 (SR 2000/34)

Mutual Assistance in Criminal Matters Regulations 1993