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Mutual Assistance in Criminal Matters Act 1992

Miscellaneous provisions

64: Certificates given by Attorney-General

You could also call this:

"What the Attorney-General's certificate means in court"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You can get a certificate from the Attorney-General when they receive a request under this Act. The Attorney-General can certify facts like a foreign country making a request for assistance under this Act. The Attorney-General can also certify that the request meets the requirements of this Act and that it has been accepted correctly. When you are in court under this Act, or under the Criminal Proceeds (Recovery) Act 2009, a certificate from the Attorney-General is enough evidence of the certified facts. This is unless someone can prove the certificate is wrong. The certificate can be used in court cases that come from a request made under this Act. You can find more information about the Criminal Proceeds (Recovery) Act 2009 at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=BILL-SCDRAFT-7242.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM274493.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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Part 4Miscellaneous provisions

64Certificates given by Attorney-General

  1. Where the Attorney-General receives a request made pursuant to this Act, the Attorney-General may give a certificate, in the prescribed form, certifying all or any of the following facts:

  2. that a request for assistance under this Act has been made by a foreign country:
    1. that the request meets the requirements of this Act:
      1. that the acceptance of the request has been duly made under and in accordance with this Act.

        1. In any proceedings under this Act, or any proceedings under or pursuant to the Criminal Proceeds (Recovery) Act 2009 that arise directly or indirectly from a request made under this Act, a certificate purporting to have been given under subsection (1) shall, in the absence of proof to the contrary, be sufficient evidence of the matters certified by the certificate.

        Notes
        • Section 64(2): amended, on , by section 11 of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).