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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

42: Custody of persons in transit

You could also call this:

"What happens if you're in custody and pass through New Zealand to another country"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You can be taken through New Zealand to another country if you are in custody in one country and agree to help with a crime investigation or court case in another country. If your plane or ship stops in New Zealand, you can be kept in custody here until you can continue your journey. The Minister will decide how you are kept in custody while you are in New Zealand. You might be held in custody in New Zealand for a while if your journey is delayed. If the Attorney-General thinks you are being held for too long, they can decide to send you back to the country you came from. They will choose how you are removed from New Zealand. If you are being held in custody in New Zealand, some rules from Section 15(3) will apply to you. The Attorney-General can issue a certificate to help you get a temporary visa under the Immigration Act 2009 so you can travel through New Zealand. The Attorney-General can cancel this certificate at any time if they think you no longer need to be in New Zealand. They will do this by giving you a written notice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM274453.

Topics:
Crime and justice > Police and safetyImmigration and citizenship > Visas
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Part 3Requests to New Zealand
Assistance in arranging attendance of person in foreign country: Assistance in obtaining attendance of persons in foreign country

42Custody of persons in transit

  1. A person who is in custody in one foreign country and has consented to give evidence in criminal proceedings, or to give assistance in relation to a criminal investigation, in another foreign country may be transported through New Zealand, in custody, to that other foreign country.

  2. The person being transported through New Zealand in custody may, if an aircraft or ship by which the person is being transported lands or calls at a place in New Zealand, be kept in such custody while in transit in New Zealand as the Minister directs in writing until his or her transportation is continued.

  3. Where—

  4. a person is being held in custody pursuant to a direction under subsection (2); and
    1. the person’s transportation is not, in the opinion of the Attorney-General, continued within a reasonable time,—
        1. the Attorney-General may direct, in writing, that the person be transported in custody to the country from which the person was first transported, and such a direction shall be sufficient authority for that person’s removal from New Zealand by such means as the Attorney-General directs.

      1. Section 15(3) shall, so far as applicable and with all necessary modifications, apply with respect to any person detained in custody in accordance with this section.

      2. For the purposes of enabling the grant of a temporary visa under the Immigration Act 2009 to any person whom it is proposed to transport through New Zealand pursuant to this section, the Attorney-General may issue a certificate, in writing, that the person is to be transported through New Zealand pursuant to this section.

      3. The Attorney-General may, at any time, by notice in writing, cancel any certificate issued under subsection (5) in respect of any person who is in New Zealand for the purposes of being transported through New Zealand pursuant to this section if the Attorney-General is satisfied that that person’s presence in New Zealand is no longer necessary for that purpose.

      Notes
      • Section 42(2): amended, on , by section 9 of the Mutual Assistance in Criminal Matters Amendment Act 1998 (1998 No 15).
      • Section 42(5): amended, at 2 am on , by section 406(1) of the Immigration Act 2009 (2009 No 51).