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New Zealand law explained for everyone

Mutual Assistance in Criminal Matters Act 1992

Requests by New Zealand - Assistance in obtaining evidence

11: Assistance in obtaining evidence for use in New Zealand court

You could also call this:

"Getting evidence from another country for a New Zealand court case"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You can get help from another country to get evidence for a court case in New Zealand. The Attorney-General can ask another country for help if they think evidence can be found. They can ask for a person's evidence or a document to be produced. You can use evidence from another country in a New Zealand court case. This evidence can be a written statement from someone, and it can be used if it seems to be genuine. Other documents from another country can also be used as evidence. New Zealand courts will recognise official seals or signatures on documents from another country. This means they will accept these documents as genuine without needing more proof. This helps make it easier to use evidence from another country in a New Zealand court case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM274054.

Topics:
Crime and justice > Courts and legal help
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"Getting evidence from another country to help solve a crime in New Zealand"

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Part 2Requests by New Zealand
Assistance in obtaining evidence

11Assistance in obtaining evidence for use in New Zealand court

  1. Where the Attorney-General is satisfied that there are reasonable grounds for believing that evidence or information relevant to any criminal proceedings in New Zealand may be obtained if a court or other judicial authority in a foreign country is requested—

  2. to take, or cause to be taken, the evidence of any specified person; or
    1. to order the production of any specified document by any person,—
        1. the Attorney-General may request that foreign country to assist in arranging for that evidence to be taken or that document to be produced.

      1. Any deposition (by whatever name called) that is received from a foreign country pursuant to a request made under subsection (1) and that purports to have been signed by the deponent 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.

      2. Any document (other than a deposition) received from a foreign 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.

      3. All courts shall take judicial notice of any seal or signature impressed, affixed, appended, or subscribed on or to any deposition (by whatever name called) tendered in evidence under this section.