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Search and Surveillance Act 2012

Amendments, repeals, and miscellaneous provisions - Other repeals and amendments - Amendment to Mutual Assistance in Criminal Matters Act 1992

335: Mutual Assistance in Criminal Matters Act 1992 amended

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"Changes to the law about helping with crime investigations overseas"

Illustration for Search and Surveillance Act 2012

You are looking at changes to the Mutual Assistance in Criminal Matters Act 1992. This Act is being updated to work with the Search and Surveillance Act 2012. The changes affect how search warrants are applied for and issued. You will apply to an issuing officer for a search warrant, not a District Court Judge. The issuing officer is defined in the Search and Surveillance Act 2012. The application must follow the rules in the Search and Surveillance Act 2012. Some parts of the Mutual Assistance in Criminal Matters Act 1992 are being removed. These include sections 45 to 48. Other parts are being updated to work with the Search and Surveillance Act 2012. The Search and Surveillance Act 2012 has rules about searching and surveillance. You can find these rules on the New Zealand legislation website. The changes to the Mutual Assistance in Criminal Matters Act 1992 make sure it works with these rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2137145.

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Part 5Amendments, repeals, and miscellaneous provisions
Other repeals and amendments: Amendment to Mutual Assistance in Criminal Matters Act 1992

335Mutual Assistance in Criminal Matters Act 1992 amended

  1. This section amends the Mutual Assistance in Criminal Matters Act 1992.

  2. Section 43(2) is amended by omitting in writing, to apply to a District Court Judge for a search warrant in accordance with section 44 and substituting to apply to an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) for a search warrant in accordance with section 44 of this Act.

  3. Section 44(1) is amended by omitting Any District Court Judge who, on an application in writing made an oath and substituting An issuing officer who, on an application made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012.

  4. Section 44 is amended by adding the following subsection:

  5. The provisions of Part 4 of the Search and Surveillance Act 2012 (except subpart 6) apply.

  6. Sections 45 to 48 are repealed.

  7. Section 46A is amended by omitting 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 and substituting 121, 128, 129, and 177 of the Search and Surveillance Act 2012 apply with any necessary modifications as if references in those sections to a power to stop or search a vehicle conferred under that Act were.

Notes