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Mutual Assistance in Criminal Matters Act 1992

Requests to New Zealand - Preliminary provisions - Preliminary provisions

24B: Further limitations on requests by convention countries

You could also call this:

"Rules for when other countries ask New Zealand for help with crimes"

Illustration for Mutual Assistance in Criminal Matters Act 1992

If a convention country asks New Zealand for help with a crime, you need to know some rules. The country must ask for help in a way that follows a treaty between New Zealand and the country, if there is one, unless that would not follow the convention. You can find the list of offences in the Schedule. If a treaty or regulations exclude some offences or limit the help that can be given, those exclusions or limits do not apply. Regulations are made under section 65. You can find the offences in column 2 of the table in the Schedule.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM274089.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyGovernment and voting > International relations
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24A: Limitations on requests by convention countries, or

"Help from NZ is only given for crimes that are also against NZ law"

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25: Requests to be made to Attorney-General, or

"Asking for help with a crime: send the request to the Attorney-General"

Part 3Requests to New Zealand
Preliminary provisions: Preliminary provisions

24BFurther limitations on requests by convention countries

  1. The provisions of subsections (2) and (3) apply if—

  2. a convention country requests assistance under this Part in accordance with a convention specified in column 1 of the table in the Schedule; and
    1. the convention country is also a prescribed foreign country.

      1. In any case where there is a treaty between New Zealand and the convention country that relates (in whole or in part) to the provision of assistance in criminal matters,—

      2. the request for assistance must, as far as practicable, be made and dealt with in the manner specified in that treaty, unless (or except to the extent that) to do so would be inconsistent with the convention; and
        1. if the treaty excludes any of the offences listed in column 2 of the table in the Schedule or limits the types of assistance that may be requested under this Part in relation to those offences, the exclusion or limitation does not apply.

          1. In any case where the application of this Part to the convention country is subject to conditions, exceptions, or qualifications as specified in regulations made under section 65 and the regulations exclude any of the offences listed in column 2 of the table in the Schedule or limit the types of assistance that may be requested under this Part in relation to those offences, the exclusion or limitation does not apply.

          Notes
          • Section 24B: inserted, on , by section 4 of the Mutual Assistance in Criminal Matters Amendment Act 1999 (1999 No 41).
          • Section 24B(1)(a): amended, on , by section 5(1) of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).
          • Section 24B(2)(b): amended, on , by section 5(2) of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).
          • Section 24B(3): amended, on , by section 5(3) of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).