Plain language law

New Zealand law explained for everyone

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

39: Undertakings required from foreign country

You could also call this:

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

Illustration for Mutual Assistance in Criminal Matters Act 1992

When a foreign country asks New Zealand for help to get someone to attend a court case, you need to get promises from that country first. You must promise that the person will not be detained or punished for something they did before they left New Zealand, unless the Attorney-General agrees. The foreign country must also promise to return the person to New Zealand as soon as possible after they give evidence. The foreign country must promise that any evidence the person gives cannot be used against them in another court case in that country. If the person is a prisoner in New Zealand, the foreign country must promise to keep them in custody while they are there. The foreign country must also promise not to release the prisoner without the Attorney-General's approval. The Attorney-General can ask for other promises from the foreign country if they think it is necessary. You can read more about this in section 37 and section 38. The Attorney-General will make sure these promises are kept to protect the person's rights.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM274442.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safetyGovernment and voting > Government departmentsRights and equality > Anti-discrimination
Previous

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"

Next

40: Penalty not to be imposed for refusal to consent, or

"You can't get in trouble for saying no to helping 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

39Undertakings required from foreign country

  1. Where, pursuant to section 37 or section 38, a foreign country requests the assistance of the Attorney-General in arranging the attendance, in that country, of a person to whom either of those sections applies, the Attorney-General shall, before authorising assistance in accordance with either of those sections in that case, obtain undertakings from the foreign country in relation to the following matters:

  2. that the person to whom the request relates shall not—unless the person has left the foreign country, or has had the opportunity of leaving the foreign country and has remained in that country otherwise than for the purpose of giving or providing evidence or assistance in respect of the matter to which the request relates:
    1. be detained, prosecuted, or punished for any offence against the law of the foreign country that is alleged to have been committed, or that was committed, before the person’s departure from New Zealand, other than an offence in respect of which the Attorney-General consents to the person’s being so detained, prosecuted, or punished; or
      1. be subjected to any civil proceedings in respect of any act or omission of the person that is alleged to have occurred, or that occurred, before the person’s departure from New Zealand, being civil proceedings to which that person could not be subjected if the person were not in the foreign country; or
        1. be required to give or provide evidence or assistance in respect of any criminal matter in the foreign country other than the matter to which the request relates—
        2. that any evidence given by the person in the criminal proceedings to which the request relates shall be inadmissible or otherwise disqualified from use in the prosecution of the person for an offence against a law of the foreign country other than the offence of perjury in relation to the giving of that evidence:
          1. that the person will be returned to New Zealand in accordance with arrangements agreed by the Attorney-General as soon as practicable after giving the evidence:
            1. in a case where the request relates to a person who is a prisoner in New Zealand and the Attorney-General requests the foreign country to make arrangements for the keeping of the person in custody while the person is in the foreign country,—
              1. that appropriate arrangements will be made for that purpose; and
                1. that the person will not be released from custody in the foreign country without the prior approval of the Attorney-General; and
                  1. if the person is released in the foreign country, at the request of the Attorney-General, before the completion of the proceedings to which the request relates, that the person’s accommodation and expenses will be met by the foreign country:
                  2. such other matters (if any) as the Attorney-General thinks appropriate.

                    Notes
                    • Section 39(a)(i): amended, on , by section 9 of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).