Mutual Assistance in Criminal Matters Amendment Act 2002

1: Title
1: This Act is the Mutual Assistance in Criminal Matters Amendment Act 2002.
2: In this Act, the Mutual Assistance in Criminal Matters Act 1992 the principal Act
2: Commencement
1: Sections 15 to 17
2: Section 18
a: the day after the date on which this Act receives the Royal assent:
b: the commencement of section 1 Parole Act 2002
3: The rest of this Act comes into force on the day after the date on which it receives the Royal assent. Amendments to principal Act
3: Interpretation
1: Section 2(1) convention country specified in Schedule 1 referred to in column 1 of the table in the Schedule
2: Section 2(1) foreign serious offence foreign serious offence
a: means an offence under the law of a foreign country punishable by imprisonment for a term of 5 years or more; and
b: after the commencement of section 15 of the Mutual Assistance in Criminal Matters Amendment Act 2002
i: it is punishable by imprisonment for a term of 4 years or more; and
ii: 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) .
3: Section 2
6: In this Act, a reference to an offence of a political character does not include—
a: an offence—
i: that is constituted by conduct of a kind referred to in a multilateral treaty to which New Zealand is a party; and
ii: for which parties have an obligation to provide to one another assistance in criminal matters; or
b: 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 purposes of the provision of assistance in criminal matters between New Zealand and that country.
4: New
section 24A The principal Act is amended by repealing section 24A
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
5: Further limitations on requests by convention countries
1: Section 24B(1)(a) Schedule 1 column 1 of the table in the Schedule
2: Section 24B(2)(b) Schedule 2 or section 24A(3) or section 24A(4) or section 24A(6) or section 24A(7) or section 24A(7) column 2 of the table in the Schedule
3: Section 24B(3) Schedule 2 or section 24A(3) or section 24A(4) or section 24A(6) or section 24A(7) or section 24A(7) column 2 of the table in the Schedule
6: Form of request
Section 26(bb) Schedule 1 column 1 of the table in the Schedule
7: Assistance in arranging attendance of person to give evidence in foreign country
The heading to section 37 give evidence give or provide evidence or assistance in relation to criminal matter
8: Assistance in arranging attendance of prisoner
1: The heading to section 38 in foreign country for specified purposes
2: Section 38(1) that country, for either or both of the purposes specified in subsection (1A)
3: Section 38(1) paragraph (e)
e: subject to a community-based sentence (within the meaning of section 4(1) of the Sentencing Act 2002
4: Section 38 subsection (1)
1A: The purposes referred to in subsection (1)
a: for giving evidence in relation to any criminal proceedings in the foreign country:
b: for assistance in relation to a criminal matter in respect of a foreign serious offence.
5: Section 38 subsection (2)
2: The Attorney-General may authorise, in writing, assistance in accordance with this section if, on receipt of a request under subsection (1)
a: that the request relates to the attendance of the person concerned in connection with a criminal matter in the foreign country; and
b: that there are reasonable grounds for believing that the person concerned could give or provide evidence or assistance relevant to that criminal matter; and
c: that the person concerned has freely consented to attend as requested; and
d: that the foreign country has given adequate undertakings in respect of the matters specified in section 39
9: Undertakings required from foreign country
Section 39(a)(i) ; or , other than an offence in respect of which the Attorney-General consents to the person's being so detained, prosecuted, or punished
10: New
sections 41A 41B The principal Act is amended by inserting, after section 41
41A: Effect of transfer to foreign country pursuant to request under
section 38
1: If a prisoner who is charged with or convicted of an offence against the law of New Zealand (the New Zealand offence section 38 section 41B of this Act section 90 of the Parole Act 2002
2: Nothing in this section affects section 41
41B: Information about time remand prisoner spent in custody overseas pursuant to request under
section 38
1: If a prisoner who is charged with or convicted of an offence against the law of New Zealand ( the New Zealand offence section 38
2: A certificate obtained under subsection (1)
3: The Attorney-General may issue a certificate setting out the date and period referred to in subsection (1)
a: the foreign country does not provide a certificate within a reasonable time after the Attorney-General makes a request under subsection (1)
b: the Attorney-General is satisfied from the information that the Attorney-General has that an accurate calculation can be made of the period referred to in subsection (1)
4: For the purposes of section 91(4A) of the Parole Act 2002 subsection (3) subsection (1)
5: Subsection (6) subsection (3)
a: a certificate requested under subsection (1)
b: the period specified in that certificate is different from that specified in the Attorney-General's certificate.
6: If this subsection applies, the new certificate is a substitute certificate for the purposes of section 91(4A) of the Parole Act 2002
11: Request for production order
Section 61(2) paragraph (a)
a: that the request—
i: relates to a criminal matter in the foreign country in respect of a foreign drug-dealing offence; or
ii: is made after the commencement of section 15 of the Mutual Assistance in Criminal Matters Amendment Act 2002 paragraph (b) of the definition of that term in section 2(1) .
12: Certificates relating to convention countries
Section 64A(1) specified in Schedule 1 referred to in column 1 of the table in the Schedule
13: Amendment of
Schedule 1 Section 64B
14: Schedules 1 2
1: The principal Act is amended by repealing Schedules 1 2
2: The following enactments are consequentially repealed:
a: section 11 Crimes (Bribery of Foreign Public Officials) Amendment Act 2001
b: the Mutual Assistance in Criminal Matters Amendment Act 2001 (2001 No 72)
15: Schedule The Schedule section 14(1) 20 The United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000. An offence against any of the following sections of the Crimes Act 1961 section subject matter 98A participation in organised criminal group 100 judicial corruption 101 bribery of judicial officer, etc. 102 corruption and bribery of Minister of the Crown 103 corruption and bribery of member of Parliament 104 corruption and bribery of law enforcement officer 105 corruption and bribery of official 116 conspiring to defeat justice 117 corrupting juries and witnesses 257A money laundering Any offence against any Act if- (a) it is punishable by imprisonment for a term of 4 years or more; and (b) there are reasonable grounds to suspect that it is transnational in nature (as defined in articles 3(2) and 18(1) of the convention referred to in column 1) and involves an organised criminal group (as defined in article 2(a) of that convention)
16: Schedule The Schedule section 14(1) 21 The Protocol against the Smuggling of Migrants, by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organised Crime done at New York on 15 November 2000. An offence against the, following section 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 Forged and false New Zealand travel documents 30 Offences relating to passport information and material 30A Improper issue of New Zealand travel document 31(1) Other offences 31(2) Defacing or destroying document 32 False representations
17: Schedule The Schedule section 14(1) 22 The Protocol to Prevent, Suppress and Punish Trafficking of Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000. An offence against the following section of the Crimes Act 1961 section subject matter 98D trafficking in people by means of coercion or deception Amendments to Parole Act 2002
18: Amendments to
Parole Act 2002
1: Section 91 Parole Act 2002 subsection (4)
4A: In the case of a MACM offender (as defined in section 93 pre-sentence detention section 41B of the Mutual Assistance in Criminal Matters Act 1992
2: Section 92(5) Parole Act 2002 ICC offender or a MACM offender
3: The heading to section 93 Parole Act 2002 and MACM offender
4: Section 93 Parole Act 2002
3: An offender is a MACM offender
a: section 41A of the Mutual Assistance in Criminal Matters Act 1992
b: a certificate was obtained under section 41B of the Mutual Assistance in Criminal Matters Act 1992