Plain language law

New Zealand law explained for everyone

Mutual Assistance in Criminal Matters Act 1992

Requests to New Zealand - Assistance in locating or identifying persons - Assistance in locating or identifying persons

30: Assistance in locating or identifying persons

You could also call this:

"Helping to find someone in New Zealand for a crime in another country"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You can ask the Attorney-General for help to find someone in New Zealand. The Attorney-General can say yes if the request is about a crime in another country. They will ask a New Zealand agency to try to find the person. You might be asked for help if you know something about a crime in another country. The Attorney-General will tell the country that asked for help what they found out. They will do this after the agency in New Zealand tries to find the person. The agency will do its best to find the person or figure out who they are and where they are. The Attorney-General will then tell the country that asked for help what happened.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM274412.

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29: Assistance may be provided subject to conditions, or

"New Zealand can help other countries, but only if certain conditions are met."

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31: Assistance in obtaining evidence in New Zealand, or

"Getting help to find evidence in New Zealand for a crime in another country"

Part 3Requests to New Zealand
Assistance in locating or identifying persons: Assistance in locating or identifying persons

30Assistance in locating or identifying persons

  1. A foreign country may request the Attorney-General to assist in locating, or identifying and locating, a person who is believed to be in New Zealand.

  2. Where, on receipt of a request made under subsection (1) by a foreign country, the Attorney-General is satisfied—

  3. that the request relates to a criminal matter in the foreign country; and
    1. that there are reasonable grounds for believing that the person to whom the request relates—
      1. is or might be concerned in, or could give or provide evidence or assistance relevant to, the criminal matter; and
        1. is in New Zealand,—
          2. the Attorney-General may authorise, in writing, assistance in accordance with this section.

        2. Where, in relation to a request made under subsection (1), the Attorney-General authorises assistance in accordance with this section, the Attorney-General shall forward the request to the appropriate agency in New Zealand, and that agency shall use its best endeavours to locate or, as the case may be, identify and locate the person to whom the request relates, and shall advise the Attorney-General of the outcome of those endeavours.

        3. On receipt of such advice, the Attorney-General shall inform the requesting country of the result of the inquiries made pursuant to the request.

        Notes
        • Section 30(1); amended, on , by section 9 of the Mutual Assistance in Criminal Matters Amendment Act 1998 (1998 No 15).