Mutual Assistance in Criminal Matters Act 1992

Requests by New Zealand - Miscellaneous provisions

23: Restriction on use of evidence

You could also call this:

"Using evidence only for the crime it's meant for"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You get evidence or information when a request is made under this Part. You can only use it for the crime it is about, unless something else happens. The evidence can be used for another purpose if the country it came from agrees or the person who gave it agrees. You might get evidence from someone in New Zealand because of a request made under section 12. This evidence can only be used for the crime it is about, unless the person who gave it says it is okay to use it for something else. The person must agree to use the evidence for another purpose.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM274074.


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Part 2Requests by New Zealand
Miscellaneous provisions

23Restriction on use of evidence

  1. Any evidence, information, document, or article that is obtained, 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—

  2. the foreign country to which the request was made; and
    1. 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—
      1. consents to the use of the evidence, information, document, or article for any other purpose.