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Mutual Assistance in Criminal Matters Act 1992

Requests to New Zealand - Assistance in arranging attendance of person in foreign country - Assistance in obtaining attendance of persons in foreign country

37: Assistance in arranging attendance of person to give or provide evidence or assistance in relation to criminal matter in foreign country

You could also call this:

"Getting help from New Zealand to bring someone to your country to help with a crime"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You can ask New Zealand for help to get someone to come to your country. This is so they can give evidence or help with a crime that happened in your country. The person must agree to come to your country. You need to ask the Attorney-General for help. The Attorney-General will say yes if they think the person can help with the crime. They also need to know the person wants to come and that your country will keep its promises, as stated in section 39. The Attorney-General can then help arrange for the person to come to your country. The Attorney-General can only help if the person is not someone that section 38 applies to. This means the person must be able to freely choose to come to your country. The Attorney-General will make sure everything is okay before saying yes.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM274424.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safetyGovernment and voting > Government departments
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36: Evidence Act 2006 not affected, or

"This law does not change the Evidence Act 2006"

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38: Assistance in arranging attendance of prisoner in foreign country for specified purposes, or

"Helping a New Zealand prisoner attend a court case in another country"

Part 3Requests to New Zealand
Assistance in arranging attendance of person in foreign country: Assistance in obtaining attendance of persons in foreign country

37Assistance in arranging attendance of person to give or provide evidence or assistance in relation to criminal matter in foreign country

  1. A foreign country may request the Attorney-General to assist in arranging the attendance, in that country, of a person in New Zealand (not being a person to whom section 38 applies) for the purposes of giving or providing evidence or assistance in relation to a criminal matter in the foreign country.

  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 concerned could give or provide evidence or assistance relevant to that criminal matter; and
      1. that the person concerned has freely consented to attend as requested; and
        1. that the foreign country has given adequate undertakings in respect of the matters specified in paragraphs (a), (b), (c), and (e) of section 39,—
            1. the Attorney-General may authorise, in writing, assistance in accordance with this section, and may assist in the making of arrangements to facilitate that attendance.

          Notes
          • Section 37 heading: amended, on , by section 7 of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).
          • Section 37(1): amended, on , by section 9 of the Mutual Assistance in Criminal Matters Amendment Act 1998 (1998 No 15).