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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

33: Protection of witnesses

You could also call this:

"Keeping You Safe When Giving Evidence to Another Country"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You are a witness in a case that involves another country. You can choose to give evidence, but you cannot be forced to. You do not have to answer questions or give documents that you would not have to in the other country's court. You have the same rights as you would in a New Zealand court. This means you can refuse to answer some questions or give some documents. A special certificate from the other country can help prove what you can and cannot be asked to do. If you are asked to give evidence or documents for a case in another country, you are protected. You can only be asked to do what you would be allowed to do in that country's court. This protection is in place to help keep you safe while you are giving evidence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM274418.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safetyRights and equality > Anti-discriminationRights and equality > Privacy
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32: Further provisions relating to obtaining evidence, or

"Rules for giving evidence to help another country"

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34: Certain persons entitled to appear and be legally represented at proceedings, or

"Who can go to a court hearing and have a lawyer in a case from another country"

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

33Protection of witnesses

  1. For the purposes of section 31, the person to whom the criminal proceedings in the foreign country relates is competent but not compellable to give evidence.

  2. No person who is required, pursuant to section 31, to give evidence, or to produce documents or other articles, for the purposes of any proceedings in a foreign country shall be required to give any evidence, or to produce any document or article, that the person could not be compelled to give or produce in the proceedings in the foreign country.

  3. A duly authenticated foreign law immunity certificate is admissible, for the purposes of subsection (2), as prima facie evidence of the matters stated in the certificate.

  4. Every person who is required, pursuant to section 31, to give evidence, or produce documents or other articles, for the purposes of any proceedings in a foreign country shall have the same privileges in relation to the answering of questions and the production of documents and things as if the proceedings were pending in a New Zealand court.