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New Zealand law explained for everyone

Mutual Assistance in Criminal Matters Act 1992

Requests by New Zealand - Assistance in arranging attendance of person in New Zealand

17: Immunities and privileges

You could also call this:

"Protection for people helping with crime investigations in New Zealand"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You are protected when you come to New Zealand because of a request made under section 12. You cannot be detained or punished for something you did before you left your country. You also cannot be forced to give evidence or help with a crime that is not related to the reason you came to New Zealand. You have some privileges when you are in New Zealand for a request. You do not have to answer questions or produce documents that you would not have to in your own country. A special certificate from your country can be used as evidence of what you can and cannot do. There are some exceptions to these rules. If you leave New Zealand and come back for a different reason, you may not have the same protections. If you stay in New Zealand for a reason that is not related to the request, you may also not have the same protections. The Attorney-General can give you a special certificate that says it is okay for you to give evidence or help with an investigation in New Zealand. This certificate can be backdated to an earlier day.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM274063.

Topics:
Crime and justice > Police and safetyCrime and justice > Courts and legal helpImmigration and citizenship > Visas
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"When another country asks, a prisoner from that country can be set free in New Zealand."

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Part 2Requests by New Zealand
Assistance in arranging attendance of person in New Zealand

17Immunities and privileges

  1. 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—

  2. 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
    1. be subjected to any civil proceedings in New Zealand in respect of any act or omission that is alleged to have 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 subjected if the person were not in New Zealand; or
      1. 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
        1. be required, in the proceedings or investigation to which the request relates, to answer any question that the person would not be required to answer if those proceedings or that investigation were taking place in the foreign country; or
          1. 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.

            1. 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.

            2. Subsection (1) shall not apply in relation to a person where—

            3. the person has left New Zealand and then returns otherwise than pursuant to the same or another request; or
              1. the person has had the opportunity to leave New Zealand and has remained in New Zealand otherwise than for—
                1. the purpose to which the request relates; or
                  1. the purpose of giving evidence in any criminal proceedings in New Zealand certified by the Attorney-General, in writing, to be proceedings in which it is desirable that the person give evidence; or
                    1. the purpose of giving assistance in relation to an investigation in New Zealand certified by the Attorney-General, in writing, to be an investigation in relation to which it is desirable that the person give assistance.

                    2. A certificate given by the Attorney-General for the purposes of subparagraph (ii) or subparagraph (iii) of subsection (3)(b) has effect from the day specified in the certificate (which may be a day before the day on which the certificate is given).