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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

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

You could also call this:

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

Illustration for Mutual Assistance in Criminal Matters Act 1992

If a foreign country asks, you can help a prisoner in New Zealand attend a court case in that country. The prisoner must be going to give evidence in a criminal case or help with a criminal matter. You can only help if the prisoner agrees to go and the foreign country promises to look after them. The Attorney-General can let a prisoner travel to the foreign country with a police officer or prison guard. If you are not a prisoner, the Attorney-General can help you travel to the foreign country to give evidence. You will still be considered a prisoner while you are in New Zealand, even if you are not in a prison. The Attorney-General can only help if they think you can give useful evidence and the foreign country has promised to keep you safe. You must be willing to go to the foreign country and the Attorney-General must agree to help you. The foreign country must also promise to follow the rules set out in section 39. If the Attorney-General says you can go, they can arrange for you to travel to the foreign country. They can also make sure you have the right papers and permissions to travel. While you are in New Zealand, you will still be considered to be in the custody of the person who was looking after you in prison, according to section 120 of the Crimes Act 1961.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM274427.

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

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

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39: Undertakings required from foreign country, or

"Before New Zealand helps another country with a court case, that country must make promises to keep a person safe."

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

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

  1. A foreign country may request the Attorney-General to assist in arranging the attendance, in that country, for either or both of the purposes specified in subsection (1A), of a person in New Zealand who is—

  2. a prisoner; or
    1. on parole, home detention, or compassionate release, or is subject to release conditions, under Part 1 of the Parole Act 2002; or
      1. subject to a sentence of home detention imposed under section 80A of the Sentencing Act 2002; or
          1. at large pursuant to section 62 of the Corrections Act 2004; or
            1. subject to a community-based sentence (within the meaning of section 4(1) of the Sentencing Act 2002).

              1. The purposes referred to in subsection (1) are—

              2. for giving evidence in relation to any criminal proceedings in the foreign country:
                1. for assistance in relation to a criminal matter in respect of a foreign serious offence.

                  1. The Attorney-General may authorise, in writing, assistance in accordance with this section if, on receipt of a request under subsection (1) by a foreign country, the Attorney-General is satisfied—

                  2. that the request relates to the attendance of the person concerned in connection with 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 section 39.

                          1. Where assistance is authorised in accordance with subsection (2), the Attorney-General may,—

                          2. in the case of a person who is a prisoner, direct that the prisoner be released from the prison in which that person is detained for the purpose of travelling to the foreign country to give evidence at the hearing, and may make arrangements for the prisoner to travel to the foreign country in the custody of a constable or a prison officer:
                            1. in the case of any other person, approve and arrange the travel of the person to the foreign country to give evidence at the hearing, and may obtain such approvals, authorities, and permissions as are required for the purpose, including the variation, discharge, or suspension of the conditions of the person’s release, or the variation, cancellation, or suspension of the person’s sentence, or of the conditions of the person’s sentence.

                              1. A direction given, pursuant to subsection (3)(a), by the Attorney-General in respect of a prisoner shall be sufficient authority for the release of the prisoner from the prison in which he or she is detained for the purposes of the direction.

                              2. Every person released under a direction given pursuant to subsection (3)(a) shall, while that person is in New Zealand during the period of that release, be deemed, for the purposes of section 120 of the Crimes Act 1961 (which relates to escaping from lawful custody) and for that purpose only, to continue to be in the legal custody of the person in whose custody he or she was when in the prison from which he or she is so released.

                              Notes
                              • Section 38 heading: amended, on , by section 8(1) of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).
                              • Section 38(1): amended, on , by section 8(2) of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).
                              • Section 38(1): amended, on , by section 9 of the Mutual Assistance in Criminal Matters Amendment Act 1998 (1998 No 15).
                              • Section 38(1)(b): substituted, on , by section 125 of the Parole Act 2002 (2002 No 10).
                              • Section 38(1)(ba): inserted, on , by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
                              • Section 38(1)(c): repealed, on , by section 125 of the Parole Act 2002 (2002 No 10).
                              • Section 38(1)(d): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
                              • Section 38(1)(e): substituted, on , by section 8(3) of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).
                              • Section 38(1A): inserted, on , by section 8(4) of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).
                              • Section 38(2): substituted on , by section 8(5) of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).
                              • Section 38(3)(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                              • Section 38(3)(a): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
                              • Section 38(5): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).