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New Zealand law explained for everyone

Mutual Assistance in Criminal Matters Act 1992

Requests to New Zealand - Assistance in obtaining evidence in New Zealand - Assistance in obtaining evidence in New Zealand

32: Further provisions relating to obtaining evidence

You could also call this:

"Rules for giving evidence to help another country"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You need to follow New Zealand laws when giving evidence. These laws say you must attend court and answer questions if asked. You may also have to produce documents or other items. When another country asks for help, New Zealand laws still apply. This means you must give evidence or produce documents as if the case was in a New Zealand court. Some documents, like court records, can only be shared if they could be shared in a New Zealand court case. If a foreign country asks for documents that are not public, they can only be shared if they could be shared in a New Zealand court. This is to protect sensitive information. You will be told what you need to do if you are asked to give evidence or produce documents.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM274417.

Topics:
Crime and justice > Courts and legal helpGovernment and voting > Government departments
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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"

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33: Protection of witnesses, or

"Keeping You Safe When Giving Evidence to Another Country"

Part 3Requests to New Zealand
Assistance in obtaining evidence in New Zealand: Assistance in obtaining evidence in New Zealand

32Further provisions relating to obtaining evidence

  1. Subject to section 33, the laws of New Zealand with respect to the compelling of persons to attend before a Judge, and to give evidence, answer questions, and produce documents or other articles, upon the hearing of a charge against a person for an offence against the law of New Zealand shall apply, so far as they are capable of application and with all necessary modifications, with respect to the compelling of persons to attend before a Judge, and to give evidence, answer questions, and produce documents or other articles, for the purposes of section 31.

  2. Where, pursuant to section 31, a foreign country requests the production of documents that are judicial records or official records, and that are not publicly available in New Zealand, those records may be produced or examined only to the extent that they could be produced or examined if the criminal proceedings to which the request relates were pending in a New Zealand court.