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Mutual Assistance in Criminal Matters Act 1992

Requests to New Zealand - Preliminary provisions - Preliminary provisions

26: Form of request

You could also call this:

"How a foreign country asks New Zealand for help with a crime"

Illustration for Mutual Assistance in Criminal Matters Act 1992

When a foreign country asks New Zealand for help with a criminal matter, you need to know what they have to do. They must say why they are asking for help and what kind of help they need. They also have to say who is asking for the help. They must say if they are asking for help as a special country, a country that has an agreement with New Zealand, or just as a foreign country. If they are a country with an agreement, they have to say which agreement they are using, and you can find these agreements in the Schedule. They have to give New Zealand a certificate saying the request is for a real criminal investigation. They also have to give details about the crime and what they want New Zealand to do to help. They might want New Zealand to keep the request secret, and they have to say why. They have to say how quickly they need the help and what they will do for anyone who has to travel to their country.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM274403.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safetyGovernment and voting > Government departmentsInternational relations > International agreementsInternational relations > International cooperation
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25A: Ad hoc requests for assistance, or

"Asking another country for help with a crime"

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Part 3Requests to New Zealand
Preliminary provisions: Preliminary provisions

26Form of request

  1. Every request by a foreign country for assistance under this Part shall—

  2. specify the purpose of the request and the nature of the assistance being sought; and
    1. identify the person, agency, or authority that initiated the request; and
      1. specify whether the foreign country is requesting assistance in its capacity as—
        1. a prescribed foreign country; or
          1. a convention country; or
            1. a foreign country (other than a prescribed foreign country or a convention country); and
            2. if the foreign country is a convention country and requests assistance in accordance with a convention specified in column 1 of the table in the Schedule, state the convention under which the request is made; and
              1. be accompanied by—
                1. a certificate from the Central Authority of the foreign country that the request is made in respect of a criminal investigation or criminal proceedings within the meaning of this Act; and
                  1. a description of the nature of the criminal investigation or criminal proceedings and a statement setting out a summary of the relevant facts and law; and
                    1. details of the procedure that the foreign country wishes to be followed by New Zealand in giving effect to the request, including details of the manner and form in which any information, document, or thing is to be supplied to the foreign country pursuant to the request; and
                      1. a statement setting out the wishes of the foreign country concerning the confidentiality of the request and the reasons for those wishes; and
                        1. details of the period within which the foreign country wishes the request to be complied with; and
                          1. if the request involves a person travelling from New Zealand to the foreign country, details of allowances to which the person will be entitled, and of the arrangements for accommodation for the person, while the person is in the foreign country pursuant to the request; and
                            1. any other information required to be included with the request under a treaty or other arrangement between New Zealand and the foreign country; and
                              1. any other information that may assist in giving effect to the request.

                              Notes
                              • Section 26(ba): inserted, on , by section 5 of the Mutual Assistance in Criminal Matters Amendment Act 1998 (1998 No 15).
                              • Section 26(bb): inserted, on , by section 5 of the Mutual Assistance in Criminal Matters Amendment Act 1998 (1998 No 15).
                              • Section 26(bb): amended, on , by section 6 of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).