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Mutual Assistance in Criminal Matters Act 1992

Requests to New Zealand - Preliminary provisions - Preliminary provisions

27: Refusal of assistance

You could also call this:

"When New Zealand can say no to helping another country with a crime"

Illustration for Mutual Assistance in Criminal Matters Act 1992

The Attorney-General can refuse a request from a foreign country for help with a crime. You might wonder why this happens. It is because the request is about something that is not a crime in New Zealand. The Attorney-General looks at the request and decides if it is fair to refuse it. The Attorney-General can also refuse a request if it is about someone being punished for a crime that is political in nature. This means the crime is related to the person's beliefs or actions against the government. The Attorney-General must consider if the request is fair and if refusing it would be good for New Zealand. If a foreign country asks for help with a crime, the Attorney-General can refuse the request if it does not follow the rules. However, the Attorney-General can still choose to help even if the request is not perfect. The Attorney-General has to think carefully about each request and make a decision that is fair and good for New Zealand. The Attorney-General can also refuse a request if it would put someone in danger or if it would be too hard for New Zealand to help. The Attorney-General has to balance the need to help with the need to keep people safe and make sure New Zealand can handle the request. This is a big responsibility and the Attorney-General must make careful decisions. In some cases, the Attorney-General might ask the foreign country for more information before making a decision. This helps the Attorney-General understand the request better and make a fair decision. The Attorney-General's goal is to make decisions that are fair and good for New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM274406.

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

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"When New Zealand says no to helping another country, we tell them why."

Part 3Requests to New Zealand
Preliminary provisions: Preliminary provisions

27Refusal of assistance

  1. A request by a foreign country for assistance under this Part shall be refused if, in the opinion of the Attorney-General,—

  2. the request relates to the prosecution or punishment of a person for an offence that is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character; or
    1. the request relates to the bringing of proceedings of the kind described in section 2B(3) that relate to an activity of a political character; or
      1. there are substantial grounds for believing that the request has been made with a view to prosecuting or punishing a person for an offence of a political character; or
        1. there are substantial grounds for believing that the request has been made with a view to bringing proceedings of the kind described in section 2B(3) that are of a political character; or
          1. there are substantial grounds for believing that the request was made for the purpose of prosecuting, punishing, or otherwise causing prejudice to a person on account of the person’s colour, race, ethnic origin, sex, religion, nationality, or political opinions; or
            1. there are substantial grounds for believing that the request has been made for the purpose of bringing proceedings of the kind described in section 2B(3) on account of a person’s colour, race, ethnic origin, sex, religion, nationality, or political opinions; or
              1. the request relates to the prosecution of a person for an offence in a case where the person—whether in the foreign country, in New Zealand, or elsewhere, in respect of that offence or of another offence constituted by the same act or omission as that offence; or
                1. has been acquitted, convicted, or pardoned by a competent tribunal or authority; or
                  1. has undergone the punishment provided by law,—
                  2. the request relates to the prosecution or punishment of a person in respect of an act or omission that, if it had occurred in New Zealand, would have constituted an offence under the military law of New Zealand but not also under the ordinary criminal law of New Zealand; or
                    1. the granting of the request would prejudice the sovereignty, security, or national interests of New Zealand; or
                      1. in the case of a request made pursuant to section 37 or section 38 for the attendance of any person in that foreign country, the person to whom the request relates is not prepared to give his or her consent to the transfer; or
                        1. the request is for assistance of a kind that cannot be given under this Act, or would require steps to be taken for its implementation that could not be lawfully taken.

                            1. Subject to subsections (3) and (4), a request by a foreign country for assistance under this Part may be refused if, in the opinion of the Attorney-General,—

                            2. the request relates to the prosecution or punishment of a person in respect of conduct that, if it had occurred in New Zealand, would not have constituted an offence against New Zealand law; or
                              1. the request relates to proceedings of the kind described in section 2B(3) in respect of conduct that, if it had occurred in New Zealand, would not have constituted significant criminal activity in New Zealand; or
                                1. the request relates to the prosecution or punishment of a person in respect of conduct that occurred, or is alleged to have occurred, outside the foreign country and similar conduct occurring outside New Zealand in similar circumstances would not have constituted an offence against New Zealand law; or
                                  1. the request relates to proceedings of the kind described in section 2B(3) in respect of conduct that occurred, or is alleged to have occurred, outside the foreign country and similar conduct occurring outside New Zealand in similar circumstances would not have constituted significant criminal activity; or
                                    1. the request relates to proceedings of the kind described in section 2B(3) in respect of conduct that, if it had occurred in New Zealand at the same time, could not have been the subject of proceedings of that kind because of lapse of time or for any other reason; or
                                      1. the request relates to the prosecution or punishment of a person in respect of conduct where, if it had occurred in New Zealand at the same time and had constituted an offence against New Zealand law, the person responsible could no longer be prosecuted by reason of lapse of time or for any other reason; or
                                        1. the request relates to the prosecution or punishment of a person for an offence in respect of which the person may be or has been sentenced to death by the appropriate authority in that requesting country, and that requesting country is unable to sufficiently assure the Attorney-General that—
                                          1. the person will not be sentenced to death; or
                                            1. if that sentence is or has been imposed, it will not be carried out; or
                                            2. in the case of a request made pursuant to section 38 in respect of a person who is a prisoner in New Zealand, the granting of the request—
                                              1. would not be in the public interest; or
                                                1. would not be in the interests of the person to whom the request relates; or
                                                2. the provision of the assistance requested could prejudice—
                                                  1. a criminal investigation or criminal proceeding in New Zealand; or
                                                    1. a proceeding of any kind under the Criminal Proceeds (Recovery) Act 2009 or sections 142A to 142Q of the Sentencing Act 2002; or
                                                    2. the provision of the assistance would prejudice, or would be likely to prejudice, the safety of any person (whether that person is in New Zealand or not); or
                                                      1. the provision of assistance—
                                                        1. would impose an excessive burden on the resources of New Zealand; or
                                                          1. relates to a matter that is trivial in nature; or
                                                          2. the request does not comply with the requirements of section 26.

                                                            1. No request shall be refused solely on the grounds contained in subsection (2)(g) unless—

                                                            2. the Attorney-General has first consulted with the Central Authority of the requesting country about the terms and conditions on which the request may be complied with; and
                                                              1. the Attorney-General has been unable to reach agreement with the Authority in that regard.

                                                                1. No request shall be refused solely on the grounds contained in subsection (2)(h) unless the Attorney-General has first requested further information from the requesting country and that country has failed or refused to provide that information.

                                                                2. Subject to subsection (1), the Attorney-General may grant a request even though the request does not comply with the requirements of section 26.

                                                                Notes
                                                                • Section 27(1)(ab): inserted, on , by section 9(1) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
                                                                • Section 27(1)(ba): inserted, on , by section 9(2) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
                                                                • Section 27(1)(ca): inserted, on , by section 9(3) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
                                                                • Section 27(1)(i): repealed, on , by section 9 of the Mutual Assistance in Criminal Matters Amendment Act 1998 (1998 No 15).
                                                                • Section 27(2)(ab): inserted, on , by section 9(4) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
                                                                • Section 27(2)(ba): inserted, on , by section 9(5) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
                                                                • Section 27(2)(bb): inserted, on , by section 9(5) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
                                                                • Section 27(2)(ca): inserted, on , by section 2 of the Mutual Assistance in Criminal Matters Amendment Act 1996 (1996 No 135).
                                                                • Section 27(2)(e): substituted, on , by section 9(6) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
                                                                • Section 27(2)(g): substituted, on , by section 9(7) of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).