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Mutual Assistance in Criminal Matters Act 1992

Miscellaneous provisions

65: Regulations

You could also call this:

"Rules made by the Governor-General to help the Mutual Assistance in Criminal Matters Act 1992 work properly"

Illustration for Mutual Assistance in Criminal Matters Act 1992

The Governor-General can make regulations for the Mutual Assistance in Criminal Matters Act 1992. You need to know what these regulations are about. They can be about declaring a country as a foreign country to which Part 3 applies, like the one mentioned in the Part 3 link. The Governor-General can also make regulations about the forms of applications and notices. You will have to use these forms when you are dealing with requests made under this Act. The regulations can also be about the procedure to be followed when dealing with these requests. The regulations can prescribe the procedures for obtaining evidence or producing documents. This is according to the request made under section 31. The Governor-General can also make regulations about the payment of fees and expenses to people who give evidence or assistance. The regulations can provide for the protection of property sent to or from a foreign country. They can also make provision for the return of property in New Zealand. The Governor-General can make regulations about other matters that are necessary for giving full effect to this Act. Regulations can state that the application of Part 3 to a foreign country may have conditions or exceptions. These conditions can be necessary to give effect to a treaty between New Zealand and that country. You can find more information about publication requirements in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM275000.

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Part 4Miscellaneous provisions

65Regulations

  1. The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

  2. declaring a country to be a foreign country to which Part 3 applies:
    1. prescribing the forms of applications, notices, certificates, and other documents for the purposes of this Act, and requiring the use of such forms:
      1. prescribing the procedure to be followed in dealing with requests made under this Act, and providing for notification of the results of action taken pursuant to any such request:
        1. prescribing the procedures for obtaining evidence, or producing documents or articles, pursuant to a request made under section 31:
          1. providing for the payment of fees, travelling allowances, and expenses to any person in New Zealand who gives or provides evidence or assistance pursuant to a request made under this Act:
            1. prescribing conditions for the protection of any property sent to or by a foreign country pursuant to a request made under this Act; and making provision for the return of property in New Zealand pursuant to a request:
              1. providing for such other matters as are contemplated by or are necessary for giving full effect to this Act and for its due administration.

                1. Regulations made pursuant to subsection (1)(a) may state that the application of Part 3 to a prescribed foreign country may—

                2. be subject to such conditions, exceptions, or qualifications as are specified in the regulations:
                  1. be subject to such limitations, conditions, exceptions, or qualifications as are necessary to give effect to a treaty between New Zealand and that country and relating (in whole or in part) to the provision of assistance in criminal matters, being a treaty a copy of which is set out in the regulations.

                    1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                    Notes
                    • Section 65(1)(a): substituted, on , by section 7 of the Mutual Assistance in Criminal Matters Amendment Act 1998 (1998 No 15).
                    • Section 65(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).