Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698751980519.pdf (New Zealand)
Reprint as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Public Act Date of assent Commencement 1992 No 86 25 September 1992 see section 1(2) Contents Title Short Title and commencement Part 1 Preliminary provisions Interpretation Certain investigations relating to civil proceedings deemed to be criminal investigations Certain civil proceedings deemed to be criminal proceedings Act to bind the Crown Object of Act Act not to limit other provision of assistance Act not authority for extradition of any person 1 2 2A 2B 3 4 5 6 Page 5 5 5 14 15 16 16 17 17 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice.
1 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 Part 2 Requests by New Zealand Preliminary provisions Application of this Part Requests to be made by Attorney-General Assistance in locating or identifying persons Assistance in locating or identifying persons Assistance in obtaining evidence Assistance in obtaining evidence Assistance in obtaining evidence for use in New Zealand court Assistance in arranging attendance of person in New Zealand Assistance in arranging attendance of person Certificate that attendance required Penalty not to be imposed for refusal to consent Custody of foreign prisoners Release of foreign prisoner upon request by foreign country Immunities and privileges Limitation on use of evidence Assistance in serving documents Assistance in serving documents Assistance in obtaining articles or things Assistance in obtaining article or thing Request to enforce orders under Criminal Proceeds (Recovery) Act 2009 Request to enforce orders under Criminal Proceeds (Recovery) Act 2009 Request to issue warrant or order in foreign country Request to issue warrant or order in foreign country Miscellaneous provisions Restriction on use of evidence Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 3 Requests to New Zealand Preliminary provisions 24 24A 24B 25 25A 26 27 28 29 Application of this Part Limitations on requests by convention countries Further limitations on requests by convention countries Requests to be made to Attorney-General Ad hoc requests for assistance Form of request Refusal of assistance Notification of refusal Assistance may be provided subject to conditions Assistance in locating or identifying persons Assistance in locating or identifying persons Assistance in obtaining evidence in New Zealand Assistance in obtaining evidence in New Zealand Further provisions relating to obtaining evidence Protection of witnesses
 Certain persons entitled to appear and be legally represented at proceedings Powers of Judge may be exercised by Registrar Evidence Act 2006 not affected Assistance in obtaining attendance of persons in foreign country Assistance in arranging attendance of person to give or provide evidence or assistance in relation to criminal matter in foreign country Assistance in arranging attendance of prisoner in foreign country for specified purposes Undertakings required from foreign country Penalty not to be imposed for refusal to consent Effect of removal to foreign country on prisoner’s term of imprisonment Effect of transfer to foreign country pursuant to request under section 38 on remand prisoner’s sentence Information about time remand prisoner spent in custody overseas pursuant to request under section 38 Custody of persons in transit 30 31 32 33 34 35 36 37 38 39 40 41 41A 41B 42 25 26 26 27 28 28 30 34 34 34 35 36 37 37 38 38 38 39 41 43 43 43 44 45 3 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 Search warrants Assistance in obtaining article or thing by search and seizure Search warrants Form and content of search warrant Powers conferred by warrant Power to stop vehicles Person executing warrant to produce evidence of authority Notice of execution of warrant Custody and disposal of things seized Attorney-General to provide certificate as to search and seizure Assistance in arranging service of process Assistance in arranging service Undertaking required from foreign country Penalty not to be imposed for failure to comply with summons Requests to enforce foreign restraining orders and foreign forfeiture orders Request to enforce foreign restraining order Request to enforce foreign forfeiture order Method for registering foreign orders in New Zealand Effect of registering foreign orders in New Zealand Cancelling registration of foreign orders in New Zealand Requests by foreign countries for orders or warrants in New Zealand Request
 for search warrant in New Zealand Interim foreign restraining order Request for production order in New Zealand Request for examination order in New Zealand 43 44 45 46 46A 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Part 4 Miscellaneous provisions 63 64 64A 64B 65 Authentication of documents Certificates given by Attorney-General Certificates relating to convention countries Amendment of Schedule 1 [Repealed] Regulations Schedule 1 Limitations on requests by convention countries 4 46 46 47 48 48 49 49 49 50 50 51 51 52 52 53 54 54 55 56 57 58 58 59 59 60 60 62 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Schedule 2 [Repealed] Part 1 s 2 71 An Act to facilitate the provision and obtaining of international assistance in criminal matters 1 (1) (2) 2 (1) Short Title and commencement This Act may be cited as the Mutual Assistance in Criminal Matters Act 1992.
This Act shall come into force on 1 April 1993.
Part 1 Preliminary provisions Interpretation In this Act, unless the context otherwise requires,— assets forfeiture order has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2009 Central Authority, in relation to any foreign country, means the person or authority for the time being designated by that country for the purposes of transmitting or receiving requests made under or pursuant to this Act Commissioner means the Commissioner of Police convention country means any foreign country that is a party to a convention referred to in column 1 of the table in the Schedule criminal investigation means,— (a) in Part 2, an investigation certified by the Attorney-Gen- eral to have commenced in New Zealand in respect of an offence committed, or suspected on reasonable grounds to have been committed or to be likely to be committed, against the law of New Zealand: in Part 3, in relation to a foreign country, an investiga- tion certified by the Central Authority for that country to have commenced in the foreign country in respect of an offence committed, or suspected on reasonable grounds (b) 5 Part 1 s 2 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 to have been committed or to be likely to be committed, against the law of that country criminal matter means criminal investigations and criminal proceedings criminal proceedings means,— (a) in Part 2, proceedings certified by the Attorney-General to have been instituted in respect of an offence commit- ted, or suspected on reasonable grounds to have been committed, against the law of New Zealand; and in- cludes the trial of a person for the offence and any pro- ceedings to determine whether or not a person should be tried for the offence: in Part 3, proceedings certified by the Central Author- ity of the requesting country to have been instituted in respect of an offence committed, or suspected on rea- sonable grounds to have been committed, against the law of the country; and includes the trial of a person for the
 offence and any proceedings to determine whether or not a person should be tried for the offence (b) document has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2009 examination order means an order issued under section 107 of the Criminal Proceeds (Recovery) Act 2009 financial institution has the same meaning as in section 3 of the Financial Transactions Reporting Act 1996 foreign country means any country other than New Zealand foreign forfeiture order means— (a) an order made under the law of a foreign country by a court or other judicial authority for the forfeiture of property that is— (i) tainted property (as defined in relation to Part 3); or property of a person who has unlawfully bene- fited from significant foreign criminal activity; or an instrument of crime (as defined in relation to Part 3); or (ii) (iii) (b) a foreign pecuniary penalty order 6 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 1 s 2 to answer a specified question; or to provide a specified document foreign law immunity certificate means a certificate given, or a declaration made, by a foreign country or under the law of a foreign country, certifying or declaring that, under the law of the foreign country, persons generally or a specified person could or could not, either generally or in specified proceed- ings and either generally or in specified circumstances, be re- quired— (a) (b) foreign order means a foreign forfeiture order or a foreign restraining order foreign pecuniary penalty order means an order, made under the law of a foreign country by any court or other judicial au- thority, imposing a pecuniary penalty in respect of benefits derived by a person from significant foreign criminal activity (whether proved to a civil or criminal standard); but does not include an order for the payment of a sum of money by way of compensation, restitution, or damages to an injured person foreign prisoner means a person who is being
 held in legal custody in a foreign country— (a) (b) an offence against the law of that foreign country foreign qualifying forfeiture offence means— (a) pending trial for, or sentence for; or pursuant to a sentence of imprisonment for,— an offence in a foreign country that is punishable in that country by a maximum term of imprisonment of 5 years or more (including an attempt to commit, conspiring to commit, or being an accessory to an offence if the maxi- mum term of imprisonment for that attempt, conspiracy, or activity is 5 years or more); and an offence under the law of a foreign country that is a party to the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000, if— (i) it is punishable by imprisonment for a term of 4 years or more; and there are reasonable grounds to suspect that it is transnational in nature (as defined in articles 3(2) and 18(1) of that convention) and involves (ii) (b) 7 Part 1 s 2 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 an organised criminal group (as defined in article 2(a) of that convention) foreign restraining order means an order made under the law of a foreign country by a court or other judicial authority that— restrains a particular person, or all persons, from dealing (a) with the property specified in the order; and relates to— (i) (b) tainted property (as defined in relation to Part 3); or property of a person who has, or who may have, unlawfully benefited from significant foreign criminal activity; or an instrument of crime (as defined in relation to Part 3); or property that will satisfy some or all of a foreign pecuniary penalty order (ii) (iii) (iv) forfeiture order has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2009 instrument forfeiture order has the same meaning as in sec- tion 5(1) of the Criminal Proceeds (Recovery) Act 2009 instrument of crime,— (a) in relation to Part 2, has the same meaning as in
 section 5(1) of the Criminal Proceeds (Recovery) Act 2009; and in relation to Part 3, means any property used, wholly or in part, to commit or facilitate the commission of a foreign qualifying forfeiture offence (b) Judge means a Judge of the High Court judicial records means judgments, orders, and decisions of courts, and other records held by judicial authorities Minister means the Minister of Justice official records means documents held by government depart- ments or agencies or prosecution authorities prescribed foreign country means any country (other than New Zealand) that is declared by regulations made under this Act to be a foreign country to which Part 3 applies prison has the same meaning as in section 3(1) of the Correc- tions Act 2004 8 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 1 s 2 prisoner means a person who is for the time being in the legal custody of any person under the Corrections Act 2004 process means any summons, warrant, order, or other docu- ment issued out of any court, or by any Judge, Master, District Court Judge, Justice, Community Magistrate, or Registrar production order means an order made under section 105 of the Criminal Proceeds (Recovery) Act 2009 profit forfeiture order has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2009 property has the same meaning as in section 5(1) of the Crim- inal Proceeds (Recovery) Act 2009 qualifying instrument forfeiture offence has the same mean- ing as in section 5(1) of the Criminal Proceeds (Recovery) Act 2009 requesting country, in relation to a request for assistance made under Part 3, means the foreign country that made the request restraining order has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2009 significant criminal activity has the same meaning as in sec- tion 5(1) of the Criminal Proceeds (Recovery) Act 2009 significant foreign criminal activity— (a) means an activity engaged
 in by a person in a foreign country that if proceeded against as a criminal offence in that country— (i) would amount to offending— (A) (B) that consists of, or includes, 1 or more offences punishable by a maximum term of imprisonment of 5 years or more; or from which property, proceeds, or benefits of a value of $30,000 or more have, di- rectly or indirectly, been acquired or de- rived; and (ii) whether or not— (A) (B) the person has been charged with or con- victed of the offending; or the person has been acquitted of the of- fending; or 9 Part 1 s 2 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 (C) the person’s conviction for the offending has been quashed or set aside; and (b) includes an offence under the law of a foreign country that is a party to the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000, if— (i) it is punishable by imprisonment for a term of 4 years or more; and there are reasonable grounds to suspect that it is transnational in nature (as defined in articles 3(2) and 18(1) of that convention) and involves an organised criminal group (as defined in article 2(a) of that convention) (ii) tainted property,— (a) (b) in relation to Part 2, has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2009; and in relation to Part 3,— (i) means any property that has, wholly or in part, been— (A) acquired as a result of significant foreign criminal activity; or directly or indirectly derived from signifi- cant foreign criminal activity; and (B) (ii) includes any property that has been— (A) (B) acquired as a result of more than 1 activity if at least 1 of those activities is a signifi- cant foreign criminal activity; or directly or indirectly derived from more than 1 activity if at least 1 of those activ- ities is a significant foreign criminal activ- ity unlawfully benefited from significant foreign criminal activity means a person has knowingly,
 directly or indirectly, derived a benefit from significant foreign criminal activity (whether or not the person deriving the benefit undertook or was involved in the significant foreign criminal activity).
(2) A reference in this Act to criminal proceedings or a criminal investigation includes proceedings or investigations into the following matters: 10 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 1 s 2 (a) (b) (c) (d) (e) revenue (including taxation and customs and excise du- ties): foreign exchange control: the forfeiture of property as a result of the commission of an offence: the restraint of dealings with property or the freezing of assets that may be forfeited as a result of the commis- sion of an offence: imposing or recovering pecuniary penalties under, and restraining dealing with property needed to satisfy, a foreign pecuniary penalty order imposed as a result of the commission of an offence.
(3) A reference in this Act to a benefit derived by a person includes a reference to— (a) (b) a benefit derived, directly or indirectly, by the person; and a benefit derived, directly or indirectly, by another per- son at the request or direction of the first-mentioned per- son.
(4) Where— (a) any foreign country consists of a federation of States, or has more than 1 system of law, or has any 1 or more autonomous territorial organisations; and (b) more than 1 Central Authority is appointed for that for- eign country,— a reference in this Act to the Central Authority of that for- eign country, in relation to a request made pursuant to this Act, means the Central Authority for that foreign country that, in the circumstances of the particular case, is the appropriate Central Authority to transmit or, as the case may be, receive the request.
(5) A reference in this Act to the law of a foreign country includes a reference to the law of a part of, or the law in force in part of, the country.
In this Act, a reference to an offence of a political character does not include— an offence— (a) (6) 11 Part 1 s 2 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 (i) (ii) that is constituted by conduct of a kind referred to in a multilateral treaty to which New Zealand is a party; and for which parties have an obligation to provide to one another assistance in criminal matters; or any offence in relation to which New Zealand has agreed in writing with another country that the offence will not be treated as a political offence for the pur- poses of the provision of assistance in criminal matters between New Zealand and that country.
(b) Section 2(1) assets forfeiture order: inserted, on 1 December 2009, by section 5(1) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 2(1) Commissioner: inserted, on 1 December 2009, by section 5(2) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 2(1) convention country: inserted, on 1 March 1999, by section 2 of the Mutual Assistance in Criminal Matters Amendment Act 1998 (1998 No 15).
Section 2(1) convention country: amended, on 18 June 2002, by section 3(1) of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).

Section 2(1) document: substituted, on 1 December 2009, by section 5(2) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 2(1) examination order: inserted, on 1 December 2009, by section 5(2) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
Section 2(1) financial institution: substituted, on 1 December 2009, by section 5(2) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 2(1) foreign drug-dealing offence: repealed, on 1 December 2009, by section 5(3) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 2(1) foreign forfeiture order: substituted, on 1 December 2009, by section 5(4) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
Section 2(1) foreign order: inserted, on 1 December 2009, by section 5(5) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 2(1) foreign pecuniary penalty order: substituted, on 1 December 2009, by section 5(5) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 2(1) foreign qualifying forfeiture offence: inserted, on 1 December 2009, by section 5(7) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
Section 2(1) foreign restraining order: substituted, on 1 December 2009, by section 5(6) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

12 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 1 s 2 Section 2(1) foreign serious offence: repealed, on 1 December 2009, by section 5(7) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
Section 2(1) forfeiture order: substituted, on 1 December 2009, by section 5(9) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 2(1) instrument forfeiture order: inserted, on 1 December 2009, by section 5(9) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 2(1) instrument of crime: inserted, on 1 December 2009, by section 5(9) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
Section 2(1) monitoring order: repealed, on 1 December 2009, by section 5(10) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 2(1) pecuniary penalty order: repealed, on 1 December 2009, by sec- tion 5(11) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 2(1) penal institution: repealed, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 2(1) prison: inserted, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 2(1) prisoner: amended, on 1 June 2005, by section 206 of the Correc- tions Act 2004 (2004 No 50).

Section 2(1) Proceeds of Crime Act: repealed, on 1 December 2009, by section 5(12) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 2(1) process: amended, on 30 June 1998, by section 7 of the District Courts Amendment Act 1998 (1998 No 76).
Section 2(1) production order: substituted, on 1 December 2009, by section 5(13) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 2(1) profit forfeiture order: inserted, on 1 December 2009, by section 5(13) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 2(1) property: substituted, on 1 December 2009, by section 5(14) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
Section 2(1) property-tracking document: repealed, on 1 December 2009, by section 5(14) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 2(1) qualifying instrument forfeiture offence: inserted, on 1 Decem- ber 2009, by section 5(14) of the Mutual Assistance in Criminal Matters Amend- ment Act 2009 (2009 No 9).

Section 2(1) restraining order: substituted, on 1 December 2009, by section 5(15) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
13 Part 1 s 2A Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 Section 2(1) serious offence: repealed, on 1 December 2009, by section 5(15) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 2(1) significant criminal activity: inserted, on 1 December 2009, by section 5(15) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
Section 2(1) significant foreign criminal activity: inserted, on 1 December 2009, by section 5(15) of the Mutual Assistance in Criminal Matters Amend- ment Act 2009 (2009 No 9).

Section 2(1) tainted property: substituted, on 1 December 2009, by section 5(15) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
Section 2(1) unlawfully benefited from significant foreign criminal activity: added, on 1 December 2009, by section 5(15) of the Mutual Assistance in Crim- inal Matters Amendment Act 2009 (2009 No 9).

Section 2(2): substituted, on 1 December 2009, by section 5(16) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 2(6): added, on 18 June 2002, by section 3(3) of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).
2A Certain investigations relating to civil proceedings deemed to be criminal investigations (1) An investigation certified by the Attorney-General to have commenced in New Zealand relating to the restraint or forfei- ture of property that is, or is suspected on reasonable grounds to be or to be likely to be, any of the things in subsection (2) must be treated as a criminal investigation for the purposes of Part 2 despite the related proceedings being civil in nature.
The things referred to in subsection (1) are— (a) (b) tainted property (as defined in relation to Part 2); or property of a person who has unlawfully benefited from significant criminal activity.
(2) (3) An investigation in a foreign country certified by the Central Authority for that country to have commenced in that country relating to the restraint or forfeiture of property that is, or is suspected on reasonable grounds to be or to be likely to be, any of the things referred to in subsection (4) must be treated as a criminal investigation for the purposes of Part 3 despite the related proceedings being civil in nature.
The things referred to in subsection (3) are— (a) tainted property (as defined in relation to Part 3); or (4) 14 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 1 s 2B (b) (c) (d) property of a person who has unlawfully benefited from significant criminal activity; or an instrument of crime (as defined in relation to Part 3); or property that will satisfy all or part of a pecuniary penalty order.
(5) Investigations treated as criminal investigations under this sec- tion are criminal matters for the purposes of Parts 2 and 3.

Section 2A: inserted, on 1 December 2009, by section 6 of the Mutual Assist- ance in Criminal Matters Amendment Act 2009 (2009 No 9).
2B Certain civil proceedings deemed to be criminal proceedings (1) A proceeding certified by the Attorney-General to have been instituted in respect of the forfeiture or restraint of property that is, or is suspected on reasonable grounds to be or to be likely to be, any of the things referred to in subsection (2) must be treated as a criminal proceeding for the purposes of Part 2 despite being civil in nature.
The things referred to in subsection (1) are— (a) (b) tainted property (as defined in relation to Part 2); or property of a person who has unlawfully benefited from significant criminal activity.
(2) (4) (3) A proceeding certified by the Central Authority of the request- ing country to have been instituted in respect of the forfeiture or restraint of property that is, or is suspected on reasonable grounds to be or to be likely to be, any of the things referred to in subsection (4) must be treated as a criminal proceeding despite being civil in nature.
The things referred to in subsection (3) are— (a) (b) tainted property (as defined in relation to Part 3); or property of a person who has unlawfully benefited from significant foreign criminal activity; or an instrument of crime (as defined in relation to Part 3); or property that will satisfy all or part of a foreign pecu- niary penalty order.

(c) (d) (5) Proceedings treated as criminal proceedings under this section are criminal matters for the purposes of Parts 2 and 3.
15 Part 1 s 3 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 Section 2B: inserted, on 1 December 2009, by section 6 of the Mutual Assist- ance in Criminal Matters Amendment Act 2009 (2009 No 9).

Act to bind the Crown This Act binds the Crown.
Object of Act The object of this Act is to facilitate the provision and obtain- ing, by New Zealand, of international assistance in criminal matters, including— (a) (b) (c) (d) the identification and location of persons: the obtaining of evidence, documents, or other articles: the production of documents and other articles: the making of arrangements for persons to give evi- dence or assist investigations: the service of documents: the execution of requests for search and seizure: the forfeiture of— (i) (ii) tainted property; and property of persons who have unlawfully bene- fited from significant criminal activity or signifi- cant foreign criminal activity; and instruments of crime; and property that will satisfy all or part of a foreign pecuniary penalty order: (e) (f) (g) (iii) (iv) (h) (i) (j) the location of property that may be forfeited: the recovery of property to satisfy foreign pecuniary penalty orders: the restraining of dealings with property, or the freezing of assets, that may be forfeited.
Compare: Mutual Assistance in Criminal Matters Act 1987 s 5 (Aust) Section 4(g): substituted, on 1 December 2009, by section 7 of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 4(h): substituted, on 1 December 2009, by section 7 of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 4(i): substituted, on 1 December 2009, by section 7 of the Mutual As- sistance in Criminal Matters Amendment Act 2009 (2009 No 9).
Section 4(j): substituted, on 1 December 2009, by section 7 of the Mutual As- sistance in Criminal Matters Amendment Act 2009 (2009 No 9).
3 4 16 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 2 s 9 Act not to limit other provision of assistance Nothing in this Act— (a) derogates from existing forms of co-operation (whether formal or informal) in respect of criminal matters be- tween New Zealand and any other country; or prevents the development of other forms of such co-op- eration.
(b) Compare: Mutual Assistance in Criminal Matters Act 1987 s 6 (Aust) Act not authority for extradition of any person Nothing in this Act authorises— (a) (b) the extradition or rendition of any person; or the arrest or detention, with a view to extradition or rendition, of any person.

Part 2 Requests by New Zealand Preliminary provisions Application of this Part A request for assistance pursuant to this Part may be made to any foreign country.
Requests to be made by Attorney-General Requests by New Zealand for assistance under this Part shall be made by the Attorney-General.
Assistance in locating or identifying persons Assistance in locating or identifying persons Where the Attorney-General is satisfied that there are reason- able grounds for believing that there is, in any foreign country, a person who— (a) (b) is or might be concerned in or affected by; or could give or provide evidence or assistance relevant to— any criminal matter in New Zealand, the Attorney-General may request that foreign country to assist in locating or, if the 17 Part 2 s 10 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 person’s identity is unknown, in identifying and locating that person.
10 Assistance in obtaining evidence Assistance in obtaining evidence Where the Attorney-General is satisfied that there are reason- able grounds for believing that evidence or information rele- vant to any criminal matter in New Zealand may be obtained if— (a) (b) evidence is taken in a foreign country; or documents or other articles in a foreign country are pro- duced,— the Attorney-General may request that foreign country to as- sist in obtaining that evidence or information.
Compare: Mutual Assistance in Criminal Matters Act 1987 s 12 (Aust) 11 Assistance in obtaining evidence for use in New Zealand court (1) Where the Attorney-General is satisfied that there are reason- able grounds for believing that evidence or information rele- vant to any criminal proceedings in New Zealand may be ob- tained if a court or other judicial authority in a foreign country is requested— (a) to take, or cause to be taken, the evidence of any speci- fied person; or to order the production of any specified document by any person,— (b) the Attorney-General may request that foreign country to as- sist in arranging for that evidence to be taken or that document to be produced.
(2) Any deposition (by whatever name called) that is received from a foreign country pursuant to a request made under sub- section (1) and that purports to have been signed by the de- ponent and the person taking the evidence or to have been certified as a correct record by the person taking the evidence may, subject to the rules of law relating to the admission of evidence, be put in as evidence at the hearing of the criminal proceedings to which the request relates.
18 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 2 s 13 (3) Any document (other than a deposition) received from a for- eign country pursuant to a request made under subsection (1) may, subject to the rules of law relating to the admission of evidence, be put in as evidence at the hearing of the criminal proceedings to which the request relates as if produced by the person who produced the document pursuant to the order of the court or other judicial authority of that foreign country.
(4) All courts shall take judicial notice of any seal or signature impressed, affixed, appended, or subscribed on or to any de- position (by whatever name called) tendered in evidence under this section.
Assistance in arranging attendance of person in New Zealand Assistance in arranging attendance of person 12 (1) Where the Attorney-General is satisfied that there are reason- able grounds for believing that a person in a foreign country could give or provide evidence or assistance relevant to any criminal matter in New Zealand, the Attorney-General may re- quest that foreign country to assist in arranging the attendance of the person in New Zealand to give or provide that evidence or, as the case may be, that assistance.
(2) Where the Attorney-General is satisfied that a person in re- spect of whom a request is made to a foreign country under subsection (1) consents to travel to New Zealand to give or provide evidence or assistance pursuant to that request, the Attorney-General may make arrangements with that foreign country for the purposes of— (a) (b) the removal of the person to New Zealand: in the case of a foreign prisoner, the custody of that person while in New Zealand: the return of the person to the foreign country: other relevant matters.
(c) (d) Compare: Mutual Assistance in Criminal Matters Act 1987 s 16 (Aust) 13 (1) Certificate that attendance required For the purposes of enabling the grant of a temporary visa under the Immigration Act 2009 to any person in respect of 19 Part 2 s 14 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 (2) 14 whom a request is made under section 12 of this Act, the At- torney-General may issue a certificate, in writing, that the at- tendance of that person in New Zealand is necessary for the purposes of giving or providing evidence or assistance pur- suant to that request.
The Attorney-General may, at any time, by notice in writing, cancel any certificate issued under subsection (1) in respect of any person who is in New Zealand pursuant to a request made under section 12, if the Attorney-General is satisfied that the attendance of that person in New Zealand is no longer neces- sary for the purpose to which the request relates.

Section 13(1): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).
Penalty not to be imposed for refusal to consent Where, pursuant to section 12, the Attorney-General requests the assistance of a foreign country in arranging the attendance, in New Zealand, of any person, the person to whom the request relates shall not be subject to any penalty or liability or other- wise prejudiced in law by reason only of that person’s refusal or failure to consent to attend as requested.
Custody of foreign prisoners 15 (1) Where— (a) a person who is to be brought to New Zealand from a foreign country pursuant to a request made under sec- tion 12(1) is a foreign prisoner; and that foreign country requests that the person be kept in custody while he or she is in New Zealand,— (b) that person shall, while that person is in New Zealand or is travelling to or from New Zealand pursuant to the request, be kept in such custody as the Minister directs in writing.
(2) A direction given pursuant to subsection (1) in respect of any foreign prisoner shall be sufficient authority for the detention of that person in accordance with the terms of the direction.
(3) Where, pursuant to subsection (1), a foreign prisoner who is in New Zealand pursuant to a request made under section 12(1) is directed to be detained in a prison, the Corrections Act 2004, so far as applicable and with all necessary modifications, shall 20 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 2 s 17 apply with respect to that foreign prisoner as if he or she were a person who has been sentenced to imprisonment for an offence against the law of New Zealand and is liable to be detained in a prison under such a sentence.
(4) Where the Attorney-General is satisfied, in respect of a foreign prisoner who is in New Zealand pursuant to a request made under section 12(1), that the attendance of that person in New Zealand is no longer necessary for the purpose to which the request relates, the Attorney-General may order, in writing, that the person be removed from New Zealand, and such an order shall be sufficient authority for that person’s removal from New Zealand by such means as the Attorney-General directs.
Compare: Mutual Assistance in Criminal Matters Act 1987 ss 18, 22 (Aust) Section 15(3): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
16 17 (1) Release of foreign prisoner upon request by foreign country Where— (a) a foreign prisoner is being held in custody in accordance with a direction of the Minister under section 15; and the foreign country from which the person has been brought requests the release of the person from cus- tody,— (b) the Minister shall direct that the person be released from cus- tody.
Compare: Mutual Assistance in Criminal Matters Act 1987 s 23 (Aust) Immunities and privileges Subject to subsection (3), where a person (including a person who is a foreign prisoner) is in New Zealand pursuant to a request made under section 12, the person shall not— (a) be detained, prosecuted, or punished in New Zealand for any offence that is alleged to have been committed, or that was committed, before the person’s departure from the foreign country pursuant to the request; or be subjected to any civil proceedings in New Zealand in respect of any act or omission that is alleged to have (b) 21 Part 2 s 17 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 (c) (d) (e) occurred, or that occurred, before the person’s departure from the foreign country pursuant to the request, being civil proceedings to which the person could not be sub- jected if the person were not in New Zealand; or be required to give or provide evidence or assistance in relation to any criminal matter in New Zealand other than the criminal matter to which the request relates; or be required, in the proceedings or investigation to which the request relates, to answer any question that the per- son would not be required to answer if those proceed- ings or that investigation were taking place in the for- eign country; or be required, in the proceedings or investigation to which the request relates, to produce any document or article that the person would not be required to produce if those proceedings or that investigation were taking place in the foreign country.
(2) (3) For the purposes of subsection (1), a duly authenticated foreign law immunity certificate is admissible in proceedings as prima facie evidence of the matters stated in the certificate.
Subsection (1) shall not apply in relation to a person where— the person has left New Zealand and then returns other- (a) wise than pursuant to the same or another request; or the person has had the opportunity to leave New Zealand and has remained in New Zealand otherwise than for— (i) (ii) (b) the purpose to which the request relates; or the purpose of giving evidence in any criminal proceedings in New Zealand certified by the At- torney-General, in writing, to be proceedings in which it is desirable that the person give evi- dence; or the purpose of giving assistance in relation to an investigation in New Zealand certified by the At- torney-General, in writing, to be an investigation in relation to which it is desirable that the person give assistance.
(iii) (4) A certificate given by the Attorney-General for the purposes of subparagraph (ii) or subparagraph (iii) of subsection (3)(b) 22 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 2 s 20 has effect from the day specified in the certificate (which may be a day before the day on which the certificate is given).
Compare: Mutual Assistance in Criminal Matters Act 1987 s 19 (Aust) 18 19 20 (1) Limitation on use of evidence Where— (a) (b) a person is in New Zealand pursuant to a request made under section 12; and that person gives evidence in any criminal proceedings, being— (i) the criminal proceedings to which the request re- lates or any criminal proceedings consequent on the investigation to which the request relates; or criminal proceedings certified by the Attorney- General pursuant to section 17(3)(b)(ii) in rela- tion to that person,— (ii) that evidence shall not be admitted or otherwise used in any prosecution of the person for any offence against the law of New Zealand, except on the trial of the person for perjury within the meaning of the Crimes Act 1961 in respect of the giving of that evidence.
Compare: Mutual Assistance in Criminal Matters Act 1987 s 21 (Aust) Assistance in serving documents Assistance in serving documents The Attorney-General may request a foreign country to assist in effecting service of any process where the Attorney-General is satisfied that, for the purposes of, or in connection with, any criminal matter, it is necessary or desirable to serve that process on a person or an authority in the foreign country.
Assistance in obtaining articles or things Assistance in obtaining article or thing Subject to subsection (2), where the Attorney-General is sat- isfied that there are reasonable grounds for believing that an article or thing is in a foreign country and would, if produced, be relevant to any criminal matter in New Zealand, the Attor- 23 Part 2 s 21 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 ney-General may request the foreign country to assist in ob- taining, by search and seizure if necessary, the article or thing.
(2) No request may be made under this section for assistance in obtaining an article or thing by search and seizure unless the Attorney-General is satisfied that there are reasonable grounds for believing that the article or thing would, if produced, be relevant to any criminal matter in respect of an offence against the law of New Zealand punishable by imprisonment for a term of 2 years or more.
Request to enforce orders under Criminal Proceeds (Recovery) Act 2009 Heading: substituted, on 1 December 2009, by section 8 of the Mutual Assist- ance in Criminal Matters Amendment Act 2009 (2009 No 9).
Request to enforce orders under Criminal Proceeds (Recovery) Act 2009 The Attorney-General may, if the circumstances in subsection (2) exist, request a foreign country to make arrangements to enforce any of the following in that country: (a) (b) (c) (d) The circumstances are that the Attorney-General has reason- able grounds to believe that some or all of the property to which the order relates is located in the foreign country.
Section 21: substituted, on 1 December 2009, by section 8 of the Mutual As- sistance in Criminal Matters Amendment Act 2009 (2009 No 9).

an assets forfeiture order: a profit forfeiture order: an instrument forfeiture order: a restraining order.

Request to issue warrant or order in foreign country Heading: substituted, on 1 December 2009, by section 8 of the Mutual Assist- ance in Criminal Matters Amendment Act 2009 (2009 No 9).
Request to issue warrant or order in foreign country The Attorney-General may, if a criminal matter has arisen in New Zealand in respect of any of the things referred to in sub- section (2), request a foreign country to issue a warrant or 21 (1) (2) 22 (1) 24 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 3 s 24 (2) 23 order similar to the following warrants or orders made under the Criminal Proceeds (Recovery) Act 2009 in that country: (a) (b) a restraining order: a search warrant of the kind issued under section 101, 102, or 110 of that Act: a production order: an examination order.
(c) (d) The things referred to in subsection (1) are— (a) (b) tainted property (as defined in relation to Part 2); or property of a person who has unlawfully benefited from significant criminal activity; or an instrument of crime (as defined in relation to Part 2).

(c) Section 22: substituted, on 1 December 2009, by section 8 of the Mutual As- sistance in Criminal Matters Amendment Act 2009 (2009 No 9).
Miscellaneous provisions Restriction on use of evidence Any evidence, information, document, or article that is ob- tained, provided, or produced pursuant to a request made under this Part shall be used by a New Zealand authority only for the purposes of, or in connection with, the criminal matter to which the request relates, unless— (a) (b) the foreign country to which the request was made; and in the case of any evidence, information, document, or article obtained from, or provided or produced by, a person while he or she is in New Zealand pursuant to a request made under section 12, that person— consents to the use of the evidence, information, document, or article for any other purpose.
Part 3 Requests to New Zealand Preliminary provisions Application of this Part 24 (1) A request for assistance under this Part may be made by— (a) (b) any prescribed foreign country: subject to section 24A and section 24B, any convention country: 25 Part 3 s 24A (c) Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 subject to section 25A, any foreign country— (i) that is not a prescribed foreign country or a con- vention country; or that is a prescribed foreign country but where the request is not made in that capacity; or that is a convention country but where the request is not made in that capacity.
(ii) (iii) This section is subject to any regulations made under this Act.

(2) (3) Despite subsection (1), no request for assistance under this Part made in accordance with the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Sub- stances may be dealt with before a date appointed by the Gov- ernor-General by Order in Council.

Section 24: substituted, on 1 March 1999, by section 3 of the Mutual Assistance in Criminal Matters Amendment Act 1998 (1998 No 15).
Section 24(1)(b): amended, on 8 May 1999, by section 2 of the Mutual Assist- ance in Criminal Matters Amendment Act 1999 (1999 No 41).
24A Limitations on requests by convention countries If a convention country requests assistance under this Part in accordance with a convention referred to in column 1 of the table in the Schedule, the request must relate to criminal mat- ters arising from the commission or suspected commission of an offence that, if committed within the jurisdiction of New Zealand, would correspond to an offence listed or described in column 2 of that table in the same row as the reference to the convention.
Section 24A: substituted, on 18 June 2002, by section 4 of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).

24B Further limitations on requests by convention countries The provisions of subsections (2) and (3) apply if— (1) (a) a convention country requests assistance under this Part in accordance with a convention specified in column 1 of the table in the Schedule; and the convention country is also a prescribed foreign country.
(b) 26 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 3 s 25 (2) (3) In any case where there is a treaty between New Zealand and the convention country that relates (in whole or in part) to the provision of assistance in criminal matters,— (a) the request for assistance must, as far as practicable, be made and dealt with in the manner specified in that treaty, unless (or except to the extent that) to do so would be inconsistent with the convention; and if the treaty excludes any of the offences listed in col- umn 2 of the table in the Schedule or limits the types of assistance that may be requested under this Part in rela- tion to those offences, the exclusion or limitation does not apply.
(b) In any case where the application of this Part to the conven- tion country is subject to conditions, exceptions, or qualifica- tions as specified in regulations made under section 65 and the regulations exclude any of the offences listed in column 2 of the table in the Schedule or limit the types of assistance that may be requested under this Part in relation to those offences, the exclusion or limitation does not apply.
Section 24B: inserted, on 8 May 1999, by section 4 of the Mutual Assistance in Criminal Matters Amendment Act 1999 (1999 No 41).

Section 24B(1)(a): amended, on 18 June 2002, by section 5(1) of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).

Section 24B(2)(b): amended, on 18 June 2002, by section 5(2) of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).
Section 24B(3): amended, on 18 June 2002, by section 5(3) of the Mutual As- sistance in Criminal Matters Amendment Act 2002 (2002 No 23).

25 (1) Requests to be made to Attorney-General Every request by a foreign country for assistance in a criminal matter pursuant to this Part shall be made— (a) (b) to the Attorney-General; or to a person authorised by the Attorney-General, in writ- ing, to receive requests by foreign countries under this Part.
(2) Where a request by a foreign country is made to a person au- thorised under subsection (1)(b), the request shall be taken, for the purposes of this Act, to have been made to the Attor- ney-General.
Compare: Mutual Assistance in Criminal Matters Act 1987 s 11(1), (3) (Aust) 27 Part 3 s 25A Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 25A Ad hoc requests for assistance (1) This section applies where a foreign country requests assist- ance under this Part and that country— (a) is not a prescribed foreign country or a convention country; or is a prescribed foreign country but the request is not made in that capacity; or is a convention country but the request is not made in that capacity.
(b) (c) (2) If a foreign country requests assistance under this Part, the Attorney-General must consider the following matters in order to decide whether the request should be dealt with under this Part: (a) any assurances given by that country that it will enter- tain a similar request by New Zealand for assistance in criminal matters: the seriousness of the offence to which the request re- lates: the object of this Act as specified in section 4: any other matters that the Attorney-General considers relevant.
(b) (c) (d) (3) If, after considering those matters, the Attorney-General de- cides that the request should be dealt with under this Part, the Attorney-General may deal with that request accordingly.

(4) Nothing in subsection (2) limits section 27 or sections 29 to 62.

Section 25A: inserted, on 1 March 1999, by section 4 of the Mutual Assistance in Criminal Matters Amendment Act 1998 (1998 No 15).
Form of request Every request by a foreign country for assistance under this Part shall— (a) specify the purpose of the request and the nature of the assistance being sought; and identify the person, agency, or authority that initiated the request; and specify whether the foreign country is requesting assist- ance in its capacity as— (i) a prescribed foreign country; or (b) (ba) 26 28 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 3 s 26 (ii) (iii) a convention country; or a foreign country (other than a prescribed foreign country or a convention country); and (bb) (c) if the foreign country is a convention country and re- quests assistance in accordance with a convention spe- cified in column 1 of the table in the Schedule, state the convention under which the request is made; and be accompanied by— (i) (ii) (iii) (iv) (v) (vi) a certificate from the Central Authority of the for- eign country that the request is made in respect of a criminal investigation or criminal proceedings within the meaning of this Act; and a description of the nature of the criminal inves- tigation or criminal proceedings and a statement setting out a summary of the relevant facts and law; and details of the procedure that the foreign country wishes to be followed by New Zealand in giving effect to the request, including details of the man- ner and form in which any information, docu- ment, or thing is to be supplied to the foreign country pursuant to the request; and a statement setting out the wishes of the foreign country concerning the confidentiality of the re- quest and the reasons for those wishes; and details of the period within which the foreign country wishes the request to be complied with; and if the request involves a person travelling from New Zealand to the foreign country, details of al- lowances to which the person will be entitled, and of the arrangements for accommodation for the person, while the person is in the foreign country pursuant to the request; and (vii) any other information required to be included with the request under a treaty or other arrange- ment between New Zealand and the foreign country; and 29 Part 3 s 27 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 (viii) any other information that may assist in giving effect to the request.
Compare: Mutual Assistance in Criminal Matters Act 1987 s 11(2) (Aust) Section 26(ba): inserted, on 1 March 1999, by section 5 of the Mutual Assist- ance in Criminal Matters Amendment Act 1998 (1998 No 15).

Section 26(bb): inserted, on 1 March 1999, by section 5 of the Mutual Assist- ance in Criminal Matters Amendment Act 1998 (1998 No 15).

Section 26(bb): amended, on 18 June 2002, by section 6 of the Mutual Assist- ance in Criminal Matters Amendment Act 2002 (2002 No 23).
(b) (ba) (ab) Refusal of assistance 27 (1) A request by a foreign country for assistance under this Part shall be refused if, in the opinion of the Attorney-General,— the request relates to the prosecution or punishment of (a) a person for an offence that is, or is by reason of the circumstances in which it is alleged to have been com- mitted or was committed, an offence of a political char- acter; or the request relates to the bringing of proceedings of the kind described in section 2B(3) that relate to an activity of a political character; or there are substantial grounds for believing that the re- quest has been made with a view to prosecuting or pun- ishing a person for an offence of a political character; or there are substantial grounds for believing that the re- quest has been made with a view to bringing proceed- ings of the kind described in section 2B(3) that are of a political character; or there are substantial grounds for believing that the re- quest was made for the purpose of prosecuting, pun- ishing, or otherwise causing prejudice to a person on account of the person’s colour, race, ethnic origin, sex, religion, nationality, or political opinions; or there are substantial grounds for believing that the re- quest has been made for the purpose of bringing pro- ceedings of the kind described in section 2B(3) on ac- count of a person’s colour, race, ethnic origin, sex, reli- gion, nationality, or political opinions; or the request relates to the prosecution of a person for an offence in a case where the person— (ca) (d) (c) 30 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 3 s 27 (i) (ii) has been acquitted, convicted, or pardoned by a competent tribunal or authority; or has undergone the punishment provided by law,— (e) (f) (g) (h) whether in the foreign country, in New Zealand, or else- where, in respect of that offence or of another offence constituted by the same act or omission as that offence; or the request relates to the prosecution or punishment of a
 person in respect of an act or omission that, if it had occurred in New Zealand, would have constituted an offence under the military law of New Zealand but not also under the ordinary criminal law of New Zealand; or the granting of sovereignty, security, or national Zealand; or in the case of a request made pursuant to section 37 or section 38 for the attendance of any person in that foreign country, the person to whom the request relates is not prepared to give his or her consent to the transfer; or the request is for assistance of a kind that cannot be given under this Act, or would require steps to be taken for its implementation that could not be lawfully taken; or [Repealed] the request would prejudice the interests of New (2) (i) Subject to subsections (3) and (4), a request by a foreign coun- try for assistance under this Part may be refused if, in the opin- ion of the Attorney-General,— (a) the request relates to the prosecution or punishment of a person in respect of conduct that, if it had occurred in New Zealand, would not have constituted an offence against New Zealand law; or the request relates to proceedings of the kind described in section 2B(3) in respect of conduct that, if it had occurred in New Zealand, would not have constituted significant criminal activity in New Zealand; or (ab) 31 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 the request relates to the prosecution or punishment of a person in respect of conduct that occurred, or is al- leged to have occurred, outside the foreign country and similar conduct occurring outside New Zealand in simi- lar circumstances would not have constituted an offence against New Zealand law; or the request relates to proceedings of the kind described in section 2B(3) in respect of conduct that occurred, or is alleged to have occurred, outside the foreign country and similar conduct occurring outside New Zealand in similar circumstances would not have constituted sig- nificant
 criminal activity; or the request relates to proceedings of the kind described in section 2B(3) in respect of conduct that, if it had oc- curred in New Zealand at the same time, could not have been the subject of proceedings of that kind because of lapse of time or for any other reason; or the request relates to the prosecution or punishment of a person in respect of conduct where, if it had occurred in New Zealand at the same time and had constituted an offence against New Zealand law, the person respon- sible could no longer be prosecuted by reason of lapse of time or for any other reason; or the request relates to the prosecution or punishment of a person for an offence in respect of which the person may be or has been sentenced to death by the appropriate authority in that requesting country, and that requesting country is unable to sufficiently assure the Attorney- General that— (i) (ii) the person will not be sentenced to death; or if that sentence is or has been imposed, it will not be carried out; or in the case of a request made pursuant to section 38 in respect of a person who is a prisoner in New Zealand, the granting of the request— (i) (ii) would not be in the interests of the person to would not be in the public interest; or whom the request relates; or Part 3 s 27 (b) (ba) (bb) (c) (ca) (d) 32 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 3 s 27 (e) (f) (g) (h) the provision of the assistance requested could preju- dice— (i) a criminal investigation or criminal proceeding in New Zealand; or a proceeding of any kind under the Criminal Pro- ceeds (Recovery) Act 2009 or sections 142A to 142Q of the Sentencing Act 2002; or (ii) the provision of the assistance would prejudice, or would be likely to prejudice, the safety of any person (whether that person is in New Zealand or not); or the provision of assistance— (i) would impose an excessive burden on the re- sources of New Zealand; or (ii) relates to a matter that is
 trivial in nature; or the request does not comply with the requirements of section 26.
(3) No request shall be refused solely on the grounds contained in subsection (2)(g) unless— (a) the Attorney-General has first consulted with the Cen- tral Authority of the requesting country about the terms and conditions on which the request may be complied with; and the Attorney-General has been unable to reach agree- ment with the Authority in that regard.
(b) (4) No request shall be refused solely on the grounds contained in subsection (2)(h) unless the Attorney-General has first re- quested further information from the requesting country and that country has failed or refused to provide that information.

Subject to subsection (1), the Attorney-General may grant a request even though the request does not comply with the re- quirements of section 26.
Compare: Mutual Assistance in Criminal Matters Act 1987 s 8 (Aust) (5) Section 27(1)(ab): inserted, on 1 December 2009, by section 9(1) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 27(1)(ba): inserted, on 1 December 2009, by section 9(2) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 27(1)(ca): inserted, on 1 December 2009, by section 9(3) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
Section 27(1)(i): repealed, on 1 March 1999, by section 9 of the Mutual Assist- ance in Criminal Matters Amendment Act 1998 (1998 No 15).

33 Part 3 s 28 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 Section 27(2)(ab): inserted, on 1 December 2009, by section 9(4) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
Section 27(2)(ba): inserted, on 1 December 2009, by section 9(5) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 27(2)(bb): inserted, on 1 December 2009, by section 9(5) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 27(2)(ca): inserted, on 2 September 1996, by section 2 of the Mutual Assistance in Criminal Matters Amendment Act 1996 (1996 No 135).
Section 27(2)(e): substituted, on 1 December 2009, by section 9(6) of the Mu- tual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Section 27(2)(g): substituted, on 1 December 2009, by section 9(7) of the Mu- tual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
28 29 Notification of refusal If a request by a foreign country for assistance under this Part is refused in whole or in part, notice of the refusal shall be given by the Attorney-General to the Central Authority of the requesting country together with the reasons for the refusal.

Assistance may be provided subject to conditions Assistance under this Part may be provided to a requesting country subject to such conditions as the Attorney-General de- termines in any particular case or class of cases.
Compare: Mutual Assistance in Criminal Matters Act 1987 s 9 (Aust) Assistance in locating or identifying persons Assistance in locating or identifying persons 30 (1) A foreign country may request the Attorney-General to assist in locating, or identifying and locating, a person who is be- lieved to be in New Zealand.
(2) Where, on receipt of a request made under subsection (1) by a (b) foreign country, the Attorney-General is satisfied— (a) that the request relates to a criminal matter in the foreign country; and that there are reasonable grounds for believing that the person to whom the request relates— (i) is or might be concerned in, or could give or provide evidence or assistance relevant to, the criminal matter; and is in New Zealand,— (ii) 34 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 3 s 31 the Attorney-General may authorise, in writing, assistance in accordance with this section.
(3) Where, in relation to a request made under subsection (1), the Attorney-General authorises assistance in accordance with this section, the Attorney-General shall forward the request to the appropriate agency in New Zealand, and that agency shall use its best endeavours to locate or, as the case may be, iden- tify and locate the person to whom the request relates, and shall advise the Attorney-General of the outcome of those endeav- ours.
(4) On receipt of such advice, the Attorney-General shall inform the requesting country of the result of the inquiries made pur- suant to the request.

Section 30(1); amended, on 1 March 1999, by section 9 of the Mutual Assist- ance in Criminal Matters Amendment Act 1998 (1998 No 15).
Assistance in obtaining evidence in New Zealand Assistance in obtaining evidence in New Zealand 31 (1) A foreign country may request the Attorney-General to assist in arranging— (a) (b) the taking of evidence in New Zealand; or the production of documents or other articles in New Zealand.
(2) Where, on receipt of a request made under subsection (1) by a foreign country, the Attorney-General is satisfied— (a) that the request relates to criminal proceedings in the foreign country; and 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,— (b) the Attorney-General may authorise, in writing, assistance in accordance with this section.
(3) Where, 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 35 Part 3 s 32 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 evidence on oath of each witness appearing before the Judge, and shall— (a) 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.
(b) (4) Where, under subsection (2), the Attorney-General authorises 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, shall 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.
Compare: Mutual Assistance in Criminal Matters Act 1987 s 13(1), (2) (Aust) Section 31(1): amended, on 1 March 1999, by section 9 of the Mutual Assist- ance in Criminal Matters Amendment Act 1998 (1998 No 15).
32 (1) Further provisions relating to obtaining evidence Subject to section 33, the laws of New Zealand with respect to the compelling of persons to attend before a Judge, and to give evidence, answer questions, and produce documents or other articles, upon the hearing of a charge against a person for an offence against the law of New Zealand shall apply, so far as they are capable of application and with all necessary modifications, with respect to the compelling of persons to attend before a Judge, and to give evidence, answer questions, and produce documents or other articles, for the purposes of section 31.
(2) Where, pursuant to section 31, a foreign country requests the production of documents that are judicial records or official records, and that are not publicly available in New Zealand, those records may be produced or examined only to the extent that they could be produced or examined if the criminal pro- ceedings to which the request relates were pending in a New Zealand court.
Compare: Mutual Assistance in Criminal Matters Act 1987 s 13(6) (Aust) 36 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 3 s 34 33 (1) Protection of witnesses For the purposes of section 31, the person to whom the crim- inal proceedings in the foreign country relates is competent but not compellable to give evidence.
(2) No person who is required, pursuant to section 31, to give evi- dence, or to produce documents or other articles, for the pur- poses of any proceedings in a foreign country 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 in the foreign country.
(4) (3) A duly authenticated foreign law immunity certificate is ad- missible, for the purposes of subsection (2), as prima facie evi- dence of the matters stated in the certificate.
Every person who is required, pursuant to section 31, to give evidence, or produce documents or other articles, for the pur- poses of any proceedings in a foreign country shall have the same privileges in relation to the answering of questions and the production of documents and things as if the proceedings were pending in a New Zealand court.
Compare: Mutual Assistance in Criminal Matters Act 1987 s 13(7)–(9) (Aust) 34 (1) (2) (b) Certain persons entitled to appear and be legally represented at proceedings The following persons may appear, and may be represented by counsel, at any hearing held under subsection (3) or subsection (4) of section 31: (a) the person to whom the proceedings in the foreign coun- try relate: any other person giving evidence or producing docu- ments or other articles at the hearing: the relevant authority of the foreign country.
(c) The certificate by the Judge under section 31(3)(a) shall state whether or not any of the persons listed in subsection (1) of this section were present at the hearing and, if so, whether or not they were legally represented.
Compare: Mutual Assistance in Criminal Matters Act 1987 s 13(4), (5) (Aust) 37 Part 3 s 35 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 Powers of Judge may be exercised by Registrar 35 (1) Any Judge may authorise a Registrar of the High Court to ex- ercise the powers of a Judge under section 31 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 he or she 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 Regis- trar under this section.
Compare: 1908 No 56 s 48B; 1962 No 34 s 4 36 37 Evidence Act 2006 not affected Nothing in this Act limits or affects the Evidence Act 2006.

Section 36: substituted, on 1 August 2007, by section 216 of the Evidence Act 2006 (2006 No 69).
Assistance in obtaining attendance of persons in foreign country Assistance in arranging attendance of person to give or provide evidence or assistance in relation to criminal matter in foreign country (1) A foreign country may request the Attorney-General to assist in arranging the attendance, in that country, of a person in New Zealand (not being a person to whom section 38 applies) for the purposes of giving or providing evidence or assistance in relation to a criminal matter in the foreign country.
(2) Where, on receipt of a request made under subsection (1) by a foreign country, the Attorney-General is satisfied— (a) that the request relates to a criminal matter in the foreign country; and 38 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 3 s 38 (b) (c) (d) that there are reasonable grounds for believing that the person concerned could give or provide evidence or as- sistance relevant to that criminal matter; and that the person concerned has freely consented to attend as requested; and that the foreign country has given adequate undertak- ings in respect of the matters specified in paragraphs (a), (b), (c), and (e) of section 39,— the Attorney-General may authorise, in writing, assistance in accordance with this section, and may assist in the making of arrangements to facilitate that attendance.
Compare: Mutual Assistance in Criminal Matters Act 1987 ss 26, 27 (Aust) Section 37 heading: amended, on 18 June 2002, by section 7 of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).

Section 37(1): amended, on 1 March 1999, by section 9 of the Mutual Assist- ance in Criminal Matters Amendment Act 1998 (1998 No 15).
38 Assistance in arranging attendance of prisoner in foreign country for specified purposes (1) A foreign country may request the Attorney-General to assist in arranging the attendance, in that country, for either or both of the purposes specified in subsection (1A), of a person in New Zealand who is— (a) (b) a prisoner; or on parole, home detention, or compassionate release, or is subject to release conditions, under Part 1 of the Parole Act 2002; or subject to a sentence of home detention imposed under section 80A of the Sentencing Act 2002; or [Repealed] at large pursuant to section 62 of the Corrections Act 2004; or subject to a community-based sentence (within the meaning of section 4(1) of the Sentencing Act 2002).
(ba) (c) (d) (e) (1A) The purposes referred to in subsection (1) are— (a) (b) for giving evidence in relation to any criminal proceed- ings in the foreign country: for assistance in relation to a criminal matter in respect of a foreign serious offence.
39 Part 3 s 38 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 (2) The Attorney-General may authorise, in writing, assistance in accordance with this section if, on receipt of a request under subsection (1) by a foreign country, the Attorney-General is satisfied— (a) that the request relates to the attendance of the person concerned in connection with a criminal matter in the foreign country; and that there are reasonable grounds for believing that the person concerned could give or provide evidence or as- sistance relevant to that criminal matter; and that the person concerned has freely consented to attend as requested; and that the foreign country has given adequate undertak- ings in respect of the matters specified in section 39.
(b) (c) (d) (3) Where assistance is authorised in accordance with subsection (2), the Attorney-General may,— (a) (b) in the case of a person who is a prisoner, direct that the prisoner be released from the prison in which that per- son is detained for the purpose of travelling to the for- eign country to give evidence at the hearing, and may make arrangements for the prisoner to travel to the for- eign country in the custody of a constable or a prison officer: in the case of any other person, approve and arrange the travel of the person to the foreign country to give evi- dence at the hearing, and may obtain such approvals, authorities, and permissions as are required for the pur- pose, including the variation, discharge, or suspension of the conditions of the person’s release, or the vari- ation, cancellation, or suspension of the person’s sen- tence, or of the conditions of the person’s sentence.
(4) A direction given, pursuant to subsection (3)(a), by the Attor- ney-General in respect of a prisoner shall be sufficient author- ity for the release of the prisoner from the penal institution in which he or she is detained for the purposes of the direction.
Every person released under a direction given pursuant to sub- section (3)(a) shall, while that person is in New Zealand dur- ing the period of that release, be deemed, for the purposes of section 120 of the Crimes Act 1961 (which relates to escaping (5) 40 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 3 s 39 from lawful custody) and for that purpose only, to continue to be in the legal custody of the person in whose custody he or she was when in the prison from which he or she is so released.
Compare: Mutual Assistance in Criminal Matters Act 1987 s 26 (Aust) Section 38 heading: amended, on 18 June 2002, by section 8(1) of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).

Section 38(1): amended, on 18 June 2002, by section 8(2) of the Mutual As- sistance in Criminal Matters Amendment Act 2002 (2002 No 23).

Section 38(1): amended, on 1 March 1999, by section 9 of the Mutual Assist- ance in Criminal Matters Amendment Act 1998 (1998 No 15).
Section 38(1)(b): substituted, on 30 June 2002, by section 125 of the Parole Act 2002 (2002 No 10).

Section 38(1)(ba): inserted, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

Section 38(1)(c): repealed, on 30 June 2002, by section 125 of the Parole Act 2002 (2002 No 10).

Section 38(1)(d): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 38(1)(e): substituted, on 18 June 2002, by section 8(3) of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).

Section 38(1A): inserted, on 18 June 2002, by section 8(4) of the Mutual As- sistance in Criminal Matters Amendment Act 2002 (2002 No 23).

Section 38(2): substituted on 18 June 2002, by section 8(5) of the Mutual As- sistance in Criminal Matters Amendment Act 2002 (2002 No 23).
Section 38(3)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 38(3)(a): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 38(5): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
39 Undertakings required from foreign country Where, pursuant to section 37 or section 38, a foreign country requests the assistance of the Attorney-General in arranging the attendance, in that country, of a person to whom either of those sections applies, the Attorney-General shall, before au- thorising assistance in accordance with either of those sections in that case, obtain undertakings from the foreign country in relation to the following matters: (a) that the person to whom the request relates shall not— be detained, prosecuted, or punished for any of- (i) fence against the law of the foreign country that 41 Part 3 s 39 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 is alleged to have been committed, or that was committed, before the person’s departure from New Zealand, other than an offence in respect of which the Attorney-General consents to the per- son’s being so detained, prosecuted, or punished; or be subjected to any civil proceedings in respect of any act or omission of the person that is al- leged to have occurred, or that occurred, before the person’s departure from New Zealand, being civil proceedings to which that person could not be subjected if the person were not in the foreign country; or be required to give or provide evidence or assist- ance in respect of any criminal matter in the for- eign country other than the matter to which the request relates— (ii) (iii) unless the person has left the foreign country, or has had the opportunity of leaving the foreign country and has remained in that country otherwise than for the purpose of giving or providing evidence or assistance in respect of the matter to which the request relates: that any evidence given by the person in the criminal proceedings to which the request relates shall be inad- missible or otherwise disqualified from use in the pros- ecution of the person for an offence against a law of the foreign country other than the offence of perjury in re- lation to the giving of that evidence: that the
 person will be returned to New Zealand in ac- cordance with arrangements agreed by the Attorney- General as soon as practicable after giving the evidence: in a case where the request relates to a person who is a prisoner in New Zealand and the Attorney-General requests the foreign country to make arrangements for the keeping of the person in custody while the person is in the foreign country,— (i) that appropriate arrangements will be made for that purpose; and (b) (c) (d) 42 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 3 s 41A (ii) (iii) that the person will not be released from custody in the foreign country without the prior approval of the Attorney-General; and if the person is released in the foreign country, at the request of the Attorney-General, before the completion of the proceedings to which the re- quest relates, that the person’s accommodation and expenses will be met by the foreign country: such other matters (if any) as the Attorney-General thinks appropriate.
(e) 40 41 Compare: Mutual Assistance in Criminal Matters Act 1987 s 26(3) (Aust) Section 39(a)(i): amended, on 18 June 2002, by section 9 of the Mutual Assist- ance in Criminal Matters Amendment Act 2002 (2002 No 23).
Penalty not to be imposed for refusal to consent Where, pursuant to section 37 or section 38, a foreign country requests the assistance of the Attorney-General in arranging the attendance, in that country, of any person, the person to whom the request relates shall not be subject to any penalty or liability or otherwise prejudiced in law by reason only of that person’s refusal or failure to consent to attend as requested.
Effect of removal to foreign country on prisoner’s term of imprisonment Where a prisoner who is serving a term of imprisonment for an offence against the law of New Zealand is released from a New Zealand prison pursuant to a request by a foreign coun- try under section 38, the prisoner shall, while in custody in connection with the request (including custody outside New Zealand), be deemed to be continuing to serve that term of im- prisonment.
Compare: Mutual Assistance in Criminal Matters Act 1987 s 28 (Aust) Section 41: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
41A Effect of transfer to foreign country pursuant to request (1) under section 38 on remand prisoner’s sentence If a prisoner who is charged with or convicted of an offence against the law of New Zealand (the New Zealand offence) is 43 Part 3 s 41B Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 transferred to a foreign country pursuant to a request by that country under section 38, section 41B of this Act and section 90 of the Parole Act 2002 apply to any period that the person spends in custody outside New Zealand in connection with the request before sentence is imposed for the New Zealand offence.
(2) Nothing in this section affects section 41.

Section 41A: inserted, on 18 June 2002, by section 10 of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).
41B Information about time remand prisoner spent in custody (1) overseas pursuant to request under section 38 If a prisoner who is charged with or convicted of an offence against the law of New Zealand (the New Zealand offence) is transferred to a foreign country pursuant to a request by that country under section 38 before sentence is imposed for the New Zealand offence, the Attorney-General may request the foreign country to provide a certificate recording the total period during which the prisoner was detained outside New Zealand in connection with the request until sentence was im- posed for the New Zealand offence.
(2) A certificate obtained under subsection (1) is presumed to be accurate, unless the contrary is proved.
The Attorney-General may issue a certificate setting out the date and period referred to in subsection (1) if— (a) the foreign country does not provide a certificate within a reasonable time after the Attorney-General makes a request under subsection (1); and the Attorney-General is satisfied from the information that the Attorney-General has that an accurate calcula- tion can be made of the period referred to in subsection (1).
(b) For the purposes of section 91(4A) of the Parole Act 2002, a certificate given by the Attorney-General under subsection (3) has the same effect as a certificate under subsection (1).
Subsection (6) applies if, after the Attorney-General has given a certificate under subsection (3),— (a) a certificate requested under subsection (1) is obtained from the foreign country; and (3) (4) (5) 44 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 3 s 42 (6) (b) the period specified in that certificate is different from that specified in the Attorney-General’s certificate.
If this subsection applies, the new certificate is a substitute certificate for the purposes of section 91(4A) of the Parole Act 2002.

Section 41B: inserted, on 18 June 2002, by section 10 of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).
Custody of persons in transit 42 (1) A person who is in custody in one foreign country and has consented to give evidence in criminal proceedings, or to give assistance in relation to a criminal investigation, in another foreign country may be transported through New Zealand, in custody, to that other foreign country.
The person being transported through New Zealand in custody may, if an aircraft or ship by which the person is being trans- ported lands or calls at a place in New Zealand, be kept in such custody while in transit in New Zealand as the Minister directs in writing until his or her transportation is continued.
(2) (3) Where— (a) (b) a person is being held in custody pursuant to a direction under subsection (2); and the person’s transportation is not, in the opinion of the Attorney-General, continued within a reasonable time,— (4) (5) the Attorney-General may direct, in writing, that the person be transported in custody to the 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.
Section 15(3) shall, so far as applicable and with all necessary modifications, apply with respect to any person detained in custody in accordance with this section.

For the purposes of enabling the grant of a temporary visa under the Immigration Act 2009 to any person whom it is pro- posed to transport through New Zealand pursuant to this sec- tion, the Attorney-General may issue a certificate, in writing, that the person is to be transported through New Zealand pur- suant to this section.
45 Part 3 s 43 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 (6) The Attorney-General may, at any time, by notice in writing, cancel any certificate issued under subsection (5) 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.
Compare: Mutual Assistance in Criminal Matters Act 1987 s 29 (Aust) Section 42(2): amended, on 1 March 1999, by section 9 of the Mutual Assist- ance in Criminal Matters Amendment Act 1998 (1998 No 15).

Section 42(5): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).
Search warrants 43 Assistance in obtaining article or thing by search and seizure (1) A foreign country may request the Attorney-General to assist in obtaining an article or thing by search and seizure.
(2) Where, on receipt of a request made under subsection (1) by a foreign country, the Attorney-General is satisfied— (a) that the request relates to a criminal matter in that for- eign country in respect of an offence punishable by im- prisonment for a term of 2 years or more; and that there are reasonable grounds for believing that an article or thing relevant to the proceedings is located in New Zealand,— (b) the Attorney-General may authorise a constable, in writing, to apply to a District Court Judge for a search warrant in accord- ance with section 44.
Compare: Mutual Assistance in Criminal Matters Act 1987 s 15(1) (Aust) Section 43(1): amended, on 1 March 1999, by section 9 of the Mutual Assist- ance in Criminal Matters Amendment Act 1998 (1998 No 15).

Section 43(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Search warrants 44 (1) Any District Court Judge who, on an application in writing made an oath, is satisfied that there are reasonable grounds for believing that there is in or on any place or thing— 46 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 3 s 45 (a) (b) (c) any thing upon or in respect of which any offence under the law of a foreign country punishable by imprison- ment for a term of 2 years or more has been, or is sus- pected of having been, committed; or any thing which there are reasonable grounds for believ- ing will be evidence as to the commission of any such offence; or any thing which there are reasonable grounds for believ- ing is intended to be used for the purpose of committing any such offence— may issue a search warrant in respect of that thing.
(2) An application for a warrant under subsection (1) may be made only by a constable authorised under section 43(2).

Section 44(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

45 (1) (2) (3) (4) Form and content of search warrant Every warrant issued under section 44 shall be in the pre- scribed form.
Every warrant issued under section 44 shall be directed to any constable by name, or to any class of constables specified in the warrant, or generally to every constable.

Every warrant issued under section 44 shall be subject to such special conditions (if any) as the District Court Judge may spe- cify in the warrant.
Every warrant issued under section 44 shall contain the fol- lowing particulars: (a) the place or thing that may be searched pursuant to the warrant: the offence or offences in respect of which the warrant is issued: a description of the articles or things that are authorised to be seized: the period during which the warrant may be executed, being a period not exceeding 14 days from the date of issue: any conditions specified by the Judge pursuant to sub- section (3).
(b) (c) (d) (e) 47 Part 3 s 46 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 Section 45(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
46 (1) (2) Powers conferred by warrant Subject to any special conditions specified in the warrant pur- suant to section 45(3), every warrant issued under section 44 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 to use such assistants as may be reasonable in the cir- cumstances for the purpose of the entry and search; and 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 to search for and seize any thing referred to in section 44(1).
(b) (c) (d) Every person called upon to assist any constable executing a warrant issued under section 44 shall have the powers de- scribed in paragraphs (c) and (d) of subsection (1) of this sec- tion.

Section 46(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 46(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
46A Power to stop vehicles If it is necessary for a constable to stop a vehicle for the pur- pose of exercising a search power conferred by section 46(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 46(1).

Section 46A: inserted, on 1 January 1998, by section 25 of the Crimes Amend- ment Act (No 2) 1997 (1997 No 93).
Section 46A: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
48 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 3 s 49 47 48 Person executing warrant to produce evidence of authority Every constable executing any warrant issued under section 44— (a) (b) shall have that warrant with him or her; and shall produce it on initial entry and, if requested, at any subsequent time; and 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.
(c) Section 47: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Notice of execution of warrant Every constable who executes a warrant issued under section 44 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 or thing 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) (b) (c) Section 48: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
the date and time of the execution of the warrant; and the identity of the person who executed the warrant; and the thing seized under the warrant.

Custody and disposal of things seized 49 (1) Where any constable seizes any thing pursuant to a warrant issued under section 44, that constable shall deliver the thing into the custody of the Commissioner of Police.
(2) Where a thing is delivered into the custody of the Commis- sioner of Police under subsection (1), the Commissioner of Police shall arrange for the thing to be kept for a period not exceeding 1 month from the day on which the thing was seized pending a direction in writing from the Attorney-General as to the manner in which the thing is to be dealt with (which may include a direction that the thing be sent to an appropriate au- thority of a foreign country).
49 Part 3 s 50 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 (4) (3) Where, before the expiry of the period referred to in subsec- tion (2), the Attorney-General gives a direction in respect of the thing, the thing shall be dealt with in accordance with the direction.
If no direction is given by the Attorney-General before the ex- piry of the period referred to in subsection (2), the Commis- sioner of Police shall arrange for the thing to be returned to the person from whose possession it was seized as soon as prac- ticable after that period has expired.

Section 49(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
50 Attorney-General to provide certificate as to search and seizure Where, pursuant to a request made under section 43 by a for- eign country, a search warrant is issued under section 44, the Attorney-General shall, at the request of the Central Author- ity of that foreign country, provide such certification as that Central Authority may require concerning the result of any search conducted pursuant to the warrant, the place and cir- cumstances of the seizure of any thing pursuant to the warrant, and the custody of any thing so seized.
Assistance in arranging service of process Assistance in arranging service 51 (1) A foreign country may request the Attorney-General to assist in effecting the service of process on a person in New Zealand.
(2) Where, on receipt of a request made under subsection (1) by a (b) foreign country, the Attorney-General is satisfied— (a) that the request relates to a criminal matter in the foreign country; and that there are reasonable grounds for believing that the person to be served is in New Zealand; and where the request relates to the service of a summons to appear as a witness in the foreign country, that the foreign country has given an adequate undertaking in respect of the matters specified in section 52,— the Attorney-General may authorise assistance in accordance with this section.
(c) 50 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 3 s 53 (3) Where service is authorised under subsection (2), the Attor- ney-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) (ii) (ii) in accordance with procedures proposed in the request; or if those procedures would be unlawful or in- appropriate in New Zealand, or if no procedures are so proposed, in accordance with the law of New Zealand; and is served, transmit to the Attorney-General for transmission to the foreign country making the request a certificate as to service; or is not served, transmit to the Attorney-General for transmission to the foreign country a state- ment of the reasons which prevented the service.
(b) if the document— (i) 52 53 Compare: Mutual Assistance in Criminal Matters Act 1987 s 38 (Aust) Section 51(1): amended, on 1 March 1999, by section 9 of the Mutual Assist- ance in Criminal Matters Amendment Act 1998 (1998 No 15).
Undertaking required from foreign country Where, pursuant to section 51, a foreign country requests the assistance of the Attorney-General in effecting the service, on any person, of a summons to appear as a witness in that foreign country, the Attorney-General shall, before authorising assist- ance in accordance with that section, obtain an undertaking from the foreign country that the person to whom the request relates will not be subject to any penalty or liability or other- wise prejudiced in law by reason only of that person’s refusal or failure to comply with the summons, notwithstanding any contrary statement in the summons.
Penalty not to be imposed for failure to comply with summons Where, pursuant to section 51, a foreign country requests the assistance of the Attorney-General in effecting the service, on any person, of a summons to appear as a witness in that foreign country, the person to whom the request relates shall not be 51 Part 3 s 54 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 subject to any penalty or liability or otherwise prejudiced in law by reason only of that person’s refusal or failure to comply with the summons, notwithstanding any contrary statement in the summons.
Requests to enforce foreign restraining orders and foreign forfeiture orders Heading: substituted, on 1 December 2009, by section 10 of the Mutual Assist- ance in Criminal Matters Amendment Act 2009 (2009 No 9).

Request to enforce foreign restraining order 54 (1) A foreign country may request the Attorney-General to assist in enforcing a foreign restraining order that relates to property that is believed to be located in New Zealand.
The Attorney-General may authorise the Commissioner to apply to the High Court to register a foreign restraining order in New Zealand if satisfied— (a) that the request from the foreign country relates to— (i) (2) tainted property (as defined in relation to Part 3); or property of a person who has unlawfully bene- fited from significant foreign criminal activity; or an instrument of crime (as defined in relation to Part 3); or property that will satisfy some or all of a foreign pecuniary penalty order; and (ii) (iii) (iv) (b) that there are reasonable grounds to believe some or all of the property that is able to be restrained under the foreign restraining order is located in New Zealand.
(3) An authority issued under subsection (2) must be in writing.

Section 54: substituted, on 1 December 2009, by section 10 of the Mutual As- sistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Request to enforce foreign forfeiture order 55 (1) A foreign country may request the Attorney-General to assist in enforcing a foreign forfeiture order that relates to property that is reasonably believed to be located in New Zealand.
52 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 3 s 56 (2) The Attorney-General may authorise the Commissioner to apply to the High Court to register the foreign forfeiture order in New Zealand if satisfied— (a) that the request from the foreign country relates to prop- erty that may be forfeited under the foreign forfeiture order and is specific property that— (i) is tainted property (as defined in relation to Part 3); or belongs to a person who has unlawfully benefited from significant foreign criminal activity; or is an instrument of crime (as defined in relation to Part 3); or (ii) (iii) (iv) will satisfy some or all of a foreign pecuniary penalty order; and (b) that there are reasonable grounds to believe that some or all of the property to which the order relates is located in New Zealand.
(3) An authority issued under subsection (2) must be in writing.

Section 55: substituted, on 1 December 2009, by section 10 of the Mutual As- sistance in Criminal Matters Amendment Act 2009 (2009 No 9).

56 Method for registering foreign orders in New Zealand (1) If the High Court is satisfied that a foreign order that the Com- missioner has applied to register under section 54 or 55 is in force in a foreign country, the High Court must make an order that it be registered in New Zealand.
(3) A foreign order, or an amendment to a foreign order (an amendment), may be registered in the High Court in New Zealand by registering either of the following under the prescribed procedure: (a) a copy of the foreign order or amendment sealed by the court or other judicial authority who made it; or a copy of the foreign order or amendment authenticated in accordance with section 63.
(b) (4) A copy of an amendment (whether made before or after regis- tration) may be registered in the same way as a foreign order.

(5) A foreign order or an amendment to a foreign order does not have effect under this Act or the Criminal Proceeds (Recovery) Act 2009 until it is registered.
53 Part 3 s 57 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 (6) An exact copy of a sealed or authenticated copy of a foreign order or an amendment must for the purposes of this Act be treated as if it is the sealed or authenticated copy.

(7) However, registration of an exact copy ceases to have effect on the expiry of the period of 21 days commencing on the date of registration unless, before the expiry of that period, the sealed or authenticated copy is registered.
Section 56: substituted, on 1 December 2009, by section 10 of the Mutual As- sistance in Criminal Matters Amendment Act 2009 (2009 No 9).

57 Effect of registering foreign orders in New Zealand (1) A foreign restraining order registered in New Zealand under section 56 has effect, and may be enforced, as if it is a restrain- ing order— (a) made by the High Court under the Criminal Proceeds (Recovery) Act 2009; and entered on the date it is registered.
(b) Subsection (1) is subject to sections 136 to 139 of the Criminal Proceeds (Recovery) Act 2009.

(2) (3) A foreign forfeiture order registered in New Zealand under section 56 has effect, and may be enforced, as if it is a forfei- ture order— (a) made by the High Court under the Criminal Proceeds (4) 58 (1) (Recovery) Act 2009; and entered on the date it is registered.

(b) Subsection (3) is subject to sections 140 to 149 of the Criminal Proceeds (Recovery) Act 2009.
Section 57: substituted, on 1 December 2009, by section 10 of the Mutual As- sistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Cancelling registration of foreign orders in New Zealand The Attorney-General may at any time direct the Commis- sioner to apply to the High Court to cancel the registration in New Zealand of— (a) (b) a foreign restraining order; or a foreign forfeiture order.
(2) Without limiting subsection (1), the Attorney-General may give a direction of that kind if the Attorney-General is satis- fied— 54 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 3 s 59 (a) (b) (c) (d) (e) (f) the order has, since being registered in New that Zealand, ceased to have effect in the foreign country in which it was made; or that cancelling the order is appropriate having regard to arrangements entered into between New Zealand and the foreign country in relation to the enforcing of orders of that kind; or that the registration of the order in New Zealand contra- vened section 56; or that, in the case of a foreign restraining order registered in New Zealand, 1 year has passed since the foreign country made the order; or that, after consultation with the foreign country where the order was made, it is desirable that the registration of the foreign order be cancelled; or that the foreign order has been discharged, wholly or in part.
(3) The High Court must cancel the registration of a foreign order in New Zealand if the Commissioner applies, under a direction under subsection (1), to the High Court to cancel the registra- tion.

Section 58: substituted, on 1 December 2009, by section 10 of the Mutual As- sistance in Criminal Matters Amendment Act 2009 (2009 No 9).
Requests by foreign countries for orders or warrants in New Zealand Heading: substituted, on 1 December 2009, by section 10 of the Mutual Assist- ance in Criminal Matters Amendment Act 2009 (2009 No 9).
Request for search warrant in New Zealand 59 (1) A foreign country may request the Attorney-General to obtain the issue of a search warrant in New Zealand in respect of a criminal investigation or criminal proceedings relating to— (a) (b) tainted property (as defined in relation to Part 3); or property that belongs to a person who has unlawfully benefited from significant foreign criminal activity; or an instrument of crime (as defined in relation to Part 3); or (c) 55 Part 3 s 60 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 (d) property that will satisfy some or all of a foreign pecu- niary penalty order.
(2) After a request is made, the Attorney-General may, if satisfied of the matters in subsection (3), do any of the following: (a) authorise a constable to apply under section 124 of the Criminal Proceeds (Recovery) Act 2009 for a search warrant under section 101 of that Act in relation to that property: authorise the Commissioner to apply under section 125 of the Criminal Proceeds (Recovery) Act 2009 for a search warrant under section 102 of that Act in relation to that property: authorise the Official Assignee to apply under section 126 of the Criminal Proceeds (Recovery) Act 2009 for a search warrant under section 110 of that Act in relation to that property.
(b) (c) (3) The matters referred to in subsection (2) are— (a) that the request relates to a criminal investigation or criminal proceedings relating to— (i) tainted property (as defined in relation to Part 3); or property that belongs to a person who has unlaw- fully benefited from significant foreign criminal activity; or an instrument of crime (as defined in relation to Part 3); or property that will satisfy some or all of a foreign pecuniary penalty order; and (ii) (iii) (iv) (b) that there are reasonable grounds for believing the prop- erty is located in New Zealand.
Section 59: substituted, on 1 December 2009, by section 10 of the Mutual As- sistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Interim foreign restraining order 60 (1) A foreign country may request the Attorney-General to obtain the issue of an interim foreign restraining order in respect of property that is believed to be located in New Zealand.
(2) After a request is made, the Attorney-General may authorise the Commissioner to make an application under section 128 56 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 3 s 61 of the Criminal Proceeds (Recovery) Act 2009 for an interim foreign restraining order if the Attorney-General is satisfied that— (a) there is a criminal investigation in relation to— (i) tainted property (as defined in relation to Part 3); or property that belongs to a person who has unlaw- fully benefited from significant foreign criminal activity; or an instrument of crime (as defined in relation to Part 3); or property that will satisfy some or all of a foreign pecuniary penalty order; and (ii) (iii) (iv) (b) there are reasonable grounds to believe all or part of the property to which the criminal investigation relates is located in New Zealand.
Section 60: substituted, on 1 December 2009, by section 10 of the Mutual As- sistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Request for production order in New Zealand 61 (1) A foreign country may request the Attorney-General to make an application for a production order in New Zealand.
(2) After a request is made, the Attorney-General may authorise the Commissioner to make an application to a Judge under section 104 of the Criminal Proceeds (Recovery) Act 2009 if the Attorney-General is satisfied that— (a) the request relates to a criminal investigation that relates to— (i) tainted property (as defined in relation to Part 3); or property that belongs to a person who has unlaw- fully benefited from significant foreign criminal activity; or an instrument of crime (as defined in relation to Part 3); or property that will satisfy some or all of a foreign pecuniary penalty order; and (ii) (iii) (iv) 57 Part 3 s 62 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 (b) there are reasonable grounds to believe that all or part of the property to which the criminal investigation relates is located in New Zealand.
Section 61: substituted, on 1 December 2009, by section 10 of the Mutual As- sistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Request for examination order in New Zealand 62 (1) A foreign country may request the Attorney-General to make an application for the issue of an examination order in New Zealand.
(2) After a request is made, the Attorney-General may authorise the Commissioner to make an application under section 106 of the Criminal Proceeds (Recovery) Act 2009 if the Attorney- General is satisfied— (a) that the request relates to a criminal investigation that relates to— (i) tainted property (as defined in relation to Part 3); or property that belongs to a person who has unlaw- fully benefited from significant foreign criminal activity; or an instrument of crime (as defined in relation to Part 3); or property that will satisfy some or all of a foreign pecuniary penalty order; and (ii) (iii) (iv) (b) that there are reasonable grounds to believe that all or part of the property to which the criminal investigation relates is located in New Zealand.
Section 62: substituted, on 1 December 2009, by section 10 of the Mutual As- sistance in Criminal Matters Amendment Act 2009 (2009 No 9).

Part 4 Miscellaneous provisions Authentication of documents Subject to section 23 and to the rules of law relating to the ad- mission of evidence, any document that is obtained, provided, or produced pursuant to a request made under this Act and that is duly authenticated is admissible in evidence in any criminal proceedings.
63 (1) 58 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 4 s 64A (2) A document is duly authenticated for the purposes of subsec- tion (1) if— (a) (b) it purports to be signed or certified by a Judge, Magis- trate, or official in or of a foreign country; and either— (i) it is verified by the oath of a witness, or of an official of the Government of a foreign country; or it purports to be sealed with an official or pub- lic seal of the foreign country or of a Minister of State, or of a department or official of the Gov- ernment, of a foreign country.
(3) Nothing in this section prevents the proof of any matter, or the admission in evidence of any document, in accordance with any other law of New Zealand.
Compare: Mutual Assistance in Criminal Matters Act 1987 s 43 (Aust) (ii) Certificates given by Attorney-General 64 (1) Where the Attorney-General receives a request made pursuant to this Act, the Attorney-General may give a certificate, in the prescribed form, certifying all or any of the following facts: (a) that a request for assistance under this Act has been made by a foreign country: that the request meets the requirements of this Act: that the acceptance of the request has been duly made under and in accordance with this Act.
(b) (c) (2) In any proceedings under this Act, or any proceedings under or pursuant to the Criminal Proceeds (Recovery) Act 2009 that arise directly or indirectly from a request made 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.
Section 64(2): amended, on 1 December 2009, by section 11 of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
64A Certificates relating to convention countries (1) For the purposes of Part 3, a certificate given by the Secretary of Foreign Affairs and Trade, certifying that any country is or is not, at any material time, a party to 1 or more of the con- 59 Part 4 s 64B Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 (2) ventions referred to in column 1 of the table in the Schedule, is sufficient evidence of that fact.
The court or person acting judicially to whom any certificate under subsection (1) is produced must take judicial notice of the signature of the Secretary of Foreign Affairs and Trade.

Section 64A: inserted, on 1 March 1999, by section 6 of the Mutual Assistance in Criminal Matters Amendment Act 1998 (1998 No 15).

Secion 64A(1): amended, on 18 June 2002, by section 12 of the Mutual Assist- ance in Criminal Matters Amendment Act 2002 (2002 No 23).
64B Amendment of Schedule 1 [Repealed] Section 64B: repealed, on 18 June 2002, by section 13 of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).
Regulations The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following pur- poses: (a) declaring a country to be a foreign country to which Part 3 applies: prescribing the forms of applications, notices, certifi- cates, and other documents for the purposes of this Act, and requiring the use of such forms: prescribing the procedure to be followed in dealing with requests made under this Act, and providing for notifi- cation of the results of action taken pursuant to any such request: prescribing the procedures for obtaining evidence, or producing documents or articles, pursuant to a request made under section 31: providing for the payment of fees, travelling allow- ances, and expenses to any person in New Zealand who gives or provides evidence or assistance pursuant to a request made under this Act: prescribing conditions for the protection of any prop- erty sent to or by a foreign country pursuant to a request made under this Act; and making provision for the re- turn of property in New Zealand pursuant to a request: (b) (c) (d) (e) (f) 65 (1) 60 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Part 4 s 65 (2) (g) providing for such other matters as are contemplated by or are necessary for giving full effect to this Act and for its due administration.
(b) Regulations made pursuant to subsection (1)(a) may state that the application of Part 3 to a prescribed foreign country may— be subject to such conditions, exceptions, or qualifica- (a) tions as are specified in the regulations: be subject to such limitations, conditions, exceptions, or qualifications as are necessary to give effect to a treaty between New Zealand and that country and relating (in whole or in part) to the provision of assistance in crim- inal matters, being a treaty a copy of which is set out in the regulations.
Compare: Mutual Assistance in Criminal Matters Act 1987 s 44 (Aust) Section 65(1)(a): substituted, on 1 March 1999, by section 7 of the Mutual Assistance in Criminal Matters Amendment Act 1998 (1998 No 15).
61 Schedule 1 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 Schedule 1 Limitations on requests by convention countries ss 2(1), 24A, 24B, 26 Schedule 1: substituted, on 18 June 2002, by section 14(1) of the Mutual As- sistance in Criminal Matters Amendment Act 2002 (2002 No 23).
New Zealand offence that convention country offence would correspond to An offence against any of the following sections of the Crimes Act 1961: section 128 129 subject matter sexual violation attempt to commit sexual violation compelling indecent act with animal murder manslaughter attempt to murder counselling or attempt- ing to procure murder accessory after the fact to murder wounding with intent to cause grievous bodily harm wounding with intent to injure injuring with intent to cause grievous bodily harm injuring with intent to in- jure, or with reckless dis- regard for the safety of others aggravated wounding aggravated injury aggravated assault disabling 142A 167, 168 171 173 174 176 188(1) 188(2) 189(1) 189(2) 191(1) 191(2) 192 197 Convention under which request made 1 The Convention on the Prevention and Punish- ment of Crimes Against Internationally Pro- tected Persons, Includ- ing Diplomatic Agents, opened for signature at New York on 14 Decem- ber 1973 The Convention on the Safety of United Nations and Associated Person- nel, opened for signature at New York on 9 De- cember 1994 or 2 62 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Schedule 1 Convention under which request made 3 The Convention Against the Taking of Hostages, opened for signature at New York on 18 Decem- ber 1979 199 200 201 209 294 295 296 New Zealand offence that convention country offence would correspond to 198 discharging firearm or doing dangerous act with intent acid throwing poisoning with intent infecting with disease kidnapping arson 297 298 300 attempted arson damage to other property by fire or explosive attempt to damage prop- erty by fire or explosive wilful damage interfering with means of transport An offence against any of the following sections of the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980: section 3 4 subject matter crimes against persons crimes against premises or vehicles threats against persons threats against
 premises or vehicles An offence against the following sec- tion of the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980: section 8 subject matter hostage taking 5 6 63 Schedule 1 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 New Zealand offence that convention country offence would correspond to An offence against any of the following sections of the Misuse of Drugs Act 1975: section 6 subject matter dealing with controlled drugs cultivation of prohibited plants aiding offences against corresponding law of an- other country equipment, material, and substances used in pro- duction or cultivation of controlled drugs Offence to knowingly import or export precur- sor substances for un- lawful use laundering proceeds of drug offences commission of offences outside New Zealand 9 10 12A 12AB 12B 12C An offence against any of the following sections of the Misuse of Drugs Act 1975: section 6 subject matter dealing with controlled drugs cultivation of prohibited plants 9 Convention under which request made 4 The United Nations Convention Against Il- licit Traffic in Narcotic Drugs and Psychotropic Substances, adopted in Vienna on 19 December 1988 The Single Conven- tion on Narcotic Drugs, done at New York on 30 March 1961 The Protocol to the Sin- gle Convention on Nar- cotic Drugs, done at Geneva on 25 March 1972 The Convention on Psy- Substances, chotropic done on 21 February 1971 at Vienna 5 or 6 or 7 64 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Schedule 1 Convention under which request made 8 The Convention Against Torture and Other Cruel, or Degrad- Inhuman, ing Treatment or Pun- ishment, adopted by the General Assembly of the United Nations on 10 December 1984 The Convention for the Suppression of Unlawful Seizure of Aircraft, done at the Hague on 16 De- cember 1970 for The Convention for the Suppression of Unlawful Acts Against the Safety
 of Civil Aviation, done at Montreal on 23 Septem- ber 1971 The Protocol the Suppression of Unlaw- ful Acts of Violence at Airports Serving Inter- national Civil Aviation, done at Montreal on 24 February 1988 The Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Naviga- tion, done at Rome on 10 March 1988 The Protocol the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Lo- cated on the Continental Shelf, done at Rome on 10 March 1988 for New Zealand offence that convention country offence would correspond to An offence against the following sec- tion of the Crimes of Torture Act 1989: section 3 subject matter acts of torture An offence against any of the follow- ing sections of the Aviation Crimes Act 1972: section 3 4 subject matter hijacking crimes with hijacking connection in An offence against the following sec- tion of the Aviation Crimes Act 1972: section 5 subject matter other crimes relating to aircraft An offence against the following sec- tion of the Aviation Crimes Act 1972: section 5A subject matter crimes relating to inter- national airports An offence against the following sec- tion of the Maritime Crimes Act 1999: section 4 subject matter crimes relating to ships An offence against the following sec- tion of the Maritime Crimes Act 1999: section 5 subject matter crimes relating to fixed platforms 65 Schedule 1 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 105D New Zealand offence that convention country offence would correspond to An offence against any of the following sections of the Crimes Act 1961: section 105C subject matter bribery of foreign public official bribery outside New Zealand of foreign pub- lic official An offence against the following sec- tion of the Geneva Conventions Act 1958: section 3 subject matter punishment for grave breaches of Conventions or First Protocol An offence against the following sec- tion of the Geneva Conventions Act
 1958: section 3 subject matter punishment for grave breaches of Conventions or First Protocol An offence against the following sec- tion of the Geneva Conventions Act 1958: section 3 subject matter for grave punishment breaches of Conventions or First Protocol Convention under which request made 14 The Convention on Combating Bribery of Foreign Public Officials in International Busi- ness Transactions, done at Paris on 17 December 1997 The Geneva Conven- tion for the Ameliora- tion of the Condition of the Wounded and Sick in Armed Forces in the Field, adopted at Geneva on 12 August 1949 The Geneva Conven- tion for the Ameliora- tion of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, adopted at Geneva on 12 August 1949 The Geneva Convention Relative to the Treat- ment of Prisoners of War, adopted at Geneva on 12 August 1949 The Geneva Convention Relative to the Protec- tion of Civilian Persons in Time of War, adopted at Geneva on 12 August 1949 15 16 17 18 66 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Schedule 1 Convention under which request made 19 The Protocol Additional to the Geneva Con- ventions of 12 August 1949, and Relating to the Protection of Victims of International Armed adopted at Conflicts, Geneva on 8 June 1977 The United Nations against Convention Organ- Transnational ised Crime, done at New York on 15 November 2000 20 New Zealand offence that convention country offence would correspond to An offence against the following sec- tion of the Geneva Conventions Act 1958: section 3 subject matter punishment for grave breaches of Conventions or First Protocol 102 103 100 101 An offence against any of the following sections of the Crimes Act 1961: section 98A subject matter participation in organ- ised criminal group
 judicial corruption bribery of judicial officer, etc corruption and bribery of Minister of the Crown corruption and bribery of member of Parliament corruption and bribery of law enforcement officer corruption and bribery of official conspiring to defeat justice corrupting juries and witnesses 257A money laundering Any offence against any Act if— (a) 105 104 117 116 it is punishable by imprisonment for a term of 4 years or more; and there are reasonable grounds to suspect that it is transnational in nature (as defined in Articles 3(2) and 18(1) of the conven- tion referred to in column 1) and involves an organised criminal (b) 67 Schedule 1 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 Convention under which request made New Zealand offence that convention country offence would correspond to group (as defined in Article 2(a) of that convention) An offence against the, following sec- tion of the Crimes Act 1961: section subject matter 98C smuggling migrants An offence against any of the following sections of the Passports Act 1992: 29A 30 30A 31(1) 31(2) forged and false New Zealand docu- travel ments offences relating to pass- port information and ma- terial improper issue of New Zealand travel document other offences defacing or destroying document false representations 32 An offence against the following sec- tion of the Crimes Act 1961: section subject matter 98D trafficking in people by means of coercion or de- ception An offence against the following sec- tion of the Terrorism Suppression Act 2002: section 7(1) subject matter terrorist bombing against The Protocol the Smuggling of Mi- grants, by Land, Sea and Air, supplementing the United Nations Con- vention against Transna- tional Organised Crime, done at New York on 15 November 2000 The Protocol to Prevent, and Punish Suppress Trafficking of Persons, especially Women and Children, supplementing the United Nations Con- vention against Transna- tional Organised Crime, done at New
 York on 15 November 2000 The International Con- vention for the Suppres- sion of Terrorist Bomb- ings, adopted by the General Assembly of the United Nations at New York on 15 December 1997 21 22 23 68 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Schedule 1 Convention under which request made 24 The International Con- vention for the Suppres- sion of the Financing of Terrorism, adopted by the General Assembly of the United Nations at New York on 9 Decem- ber 1999 27 28 The Convention on the Physical Protection of Nuclear Materials done at Vienna on 26 October 1979 The International Con- vention against the Re- cruitment, Use, Finan- cing and Training of Mercenaries, at New York on 4 Decem- ber 1989 done New Zealand offence that convention country offence would correspond to An offence— (a) against the following section of the Terrorism Suppression Act 2002: section 8(1) subject matter financing of ter- rorism; and (b) that involves a terrorist act of a kind referred to in section 5(1)(b) or (c) of that Act An offence against the following sec- tion of the Terrorism Suppression Act 2002: section 13C subject matter offences involving the physical protection of nuclear materials An offence against the following sec- tions of the Mercenary Activities (Prohibition) Act 2004: section 7 subject matter recruiting person to be mercenary using mercenary financing mercenary training prospective mercenary training mercenary mercenary taking part in hostilities or concerted act of violence 69 Schedule 1 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 Convention under which request made 29 The Optional Protocol to the Convention on the Rights of the Child on the Sale of Chil- dren, Child Prostitution and Child Pornography, adopted by the General Assembly of the United Nations at New York on 25 May 2000 New Zealand offence that convention country offence would correspond to An offence— (a) against any of
 the following sec- tions of the Films, Videos, and Publications Classification Act 1993: section 124(1) subject matter knowingly making or sup- plying objec- tionable publi- cations, etc knowing exhib- ition to persons under 18 knowing distri- bution of objec- tionable publi- cation in public place knowingly hav- ing possession of objectionable publication; and 127(4) 129(3) 131A(1) (b) that involves child pornography (as defined in section 145A(1) of that Act) An offence— against the following section (a) of the Customs and Excise Act 1996: section 209(1A) subject matter im- knowing portation or exportation of objectionable publications; and (b) that involves child pornography (as defined section 145A(1) of the Films, Videos, and Publica- tions Classification Act 1993) 70 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Schedule 2 Convention under which request made 30 The Convention for the Suppression of Acts of Nuclear Terrorism, adopted by the General Assembly of the United Nations at New York on 13 April 2005 New Zealand offence that convention country offence would correspond to An offence against the following sec- tion of the Terrorism Suppression Act 2002 section 13E subject matter offences involving radioactive material and radioactive devices Schedule 1 item 4: amended, on 22 June 2005, by section 23 of the Misuse of Drugs Amendment Act 2005 (2005 No 81).
Schedule 1 item 20: added, on 29 September 2003, by section 15 of the Mutual Assist- ance in Criminal Matters Amendment Act 2002 (2002 No 23).

Schedule 1 item 21: added, on 1 January 2004, by section 16 of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).

Schedule 1 item 22: added, on 1 January 2004, by section 17 of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).
Schedule 1 item 23: added, on 5 December 2002, by section 79 of the Terrorism Sup- pression Act 2002 (2002 No 34).

Schedule 1 item 24: added, on 5 December 2002, by section 80 of the Terrorism Sup- pression Act 2002 (2002 No 34).

Schedule 1 item 27: added, on 18 January 2004, by section 18 of the Terrorism Sup- pression Amendment Act 2003 (2003 No 106).

Schedule 1 item 28: added, on 22 October 2004, by section 23 of the Mercenary Activ- ities (Prohibition) Act 2004 (2004 No 69).
Schedule 1 item 29: added, on 22 February 2005, by section 45 of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).

Schedule 1 item 30: added, on 20 November 2007, by section 48(2) of the Terrorism Suppression Amendment Act 2007 (2007 No 102).

Schedule 2 [Repealed] s 24A Schedule 2: repealed, on 18 June 2002, by section 14(1) of the Mutual Assist- ance in Criminal Matters Amendment Act 2002 (2002 No 23).
71 Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Amendment Act 2009 Public Act Date of assent Commencement 2009 No 9 21 April 2009 see section 2 Title This Act is the Mutual Assistance in Criminal Matters Amend- ment Act 2009.

Commencement This Act comes into force on 1 December 2009.

Principal Act amended This Act amends the Mutual Assistance in Criminal Matters Act 1992.
Purpose of Act The purpose of this Act is to amend the Mutual Assistance in Criminal Matters Act 1992 so that it applies to foreign restrain- ing order and foreign forfeiture order schemes that are civil, as well as criminal, in nature.
Savings and transitional provisions The Mutual Assistance in Criminal Matters Act 1992 con- tinues in force as it did before the commencement of this Act for the purpose of completing any request or any matter relat- ing to or arising from a request made under that Act before the commencement of this Act, including, without limitation,— (a) taking action in relation to any matter relating to an ap- plication under the Mutual Assistance in Criminal Mat- ters Act 1992; and continuing or completing any proceedings or other mat- ter commenced under that Act; and enforcing orders made or registered under that Act; and (b) (c) 1 2 3 4 12 72 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 (d) the exercise of any power or function under the Act in relation to any matter in paragraph (a).
73 Notes Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) General This is a reprint of the Mutual Assistance in Criminal Matters Act 1992.
The reprint incorporates all the amendments to the Act as at 29 November 2010, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order.

For more information, see http://www.pco.parliament.govt.nz/reprints/.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

How reprints are prepared editorial A number in the preparation of enacting words are of conventions reprints.

not included are For example, in Acts, followed the and 5 Notes 1 2 3 74 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Notes that are repealed or revoked are omitted.
provisions For a detailed list of see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
the editorial conventions, 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) 75 • • • • Notes Mutual Assistance in Criminal Matters Act 1992 Reprinted as at 29 November 2010 • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • followed by small capital format of headings (eg, headings where each word formerly appeared with an initial capital letter letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection references are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly running heads (the information that appears at the top of each page) format of amendments, and schedules of are rearranged into alphabetical order, chronological).
two-column schedules of consequential they rather than repeals (eg, 5 List of amendments incorporated in this reprint (most recent first) Immigration Act 2009 (2009 No 51): section 406(1) Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9) Policing Act 2008 (2008 No 72): section 116(a)(ii) Terrorism Suppression Amendment Act 2007 (2007 No 102): section 48(2) Sentencing Amendment Act 2007 (2007 No 27): section 58 Evidence Act 2006 (2006 No 69): section 216 Misuse of Drugs Amendment Act 2005 (2005 No 81): section 23 Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2): section 45 Mercenary Activities (Prohibition) Act 2004 (2004 No 69): section 23 Corrections Act 2004 (2004 No 50): section 206 Terrorism Suppression Amendment Act 2003 (2003 No 106): section 18 76 Reprinted as at 29 November 2010 Mutual Assistance in Criminal Matters Act 1992 Notes Terrorism Suppression Act 2002 (2002 No 34): sections 79, 80 Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23) Parole Act 2002 (2002 No 10): section 125 Mutual Assistance in Criminal Matters Amendment Act 1999 (1999 No 41) District Courts Amendment Act 1998 (1998 No 76): section 7 Mutual Assistance in Criminal Matters Amendment Act 1998 (1998 No 15) Crimes Amendment Act (No 2) 1997 (1997 No 93): section 25 Mutual Assistance in Criminal Matters Amendment Act 1996 (1996 No 135) 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2011 77