Mutual Assistance in Criminal Matters Act 1992

Schedule 1: Limitations on requests by convention countries

You could also call this:

"Rules for countries working together on crime"

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You are looking at a schedule about limitations on requests by countries that have agreed to certain conventions. These countries have agreed to work together on criminal matters. The schedule lists the conventions and the New Zealand laws that apply to each one.

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1Limitations on requests by convention countries Empowered by ss 2(1), 24A, 24B, 26

The following table is large in size and has 2 columns. Column 1 is headed Convention under which request made. Column 2 is headed New Zealand offence that convention country offence would correspond to.
Convention under which request made New Zealand offence that convention country offence would correspond to

  • The Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, opened for signature at New York on 14 December 1973
    1. or
    2. The Convention on the Safety of United Nations and Associated Personnel, opened for signature at New York on 9 December 1994
      1. An offence against any of the following sections of the Crimes Act 1961:

        section

        subject matter
        128 sexual violation
        129

        attempt to commit sexual violation

        142A

        compelling indecent act with animal

        167, 168 murder
        171 manslaughter
        173 attempt to murder
        174

        counselling or attempting to procure murder

        176

        accessory after the fact to murder

        188(1)

        wounding with intent to cause grievous bodily harm

        188(2) wounding with intent to injure
        189(1)

        injuring with intent to cause grievous bodily harm

        189(2)

        injuring with intent to injure, or with reckless disregard for the safety of others

        191(1) aggravated wounding
        191(2) aggravated injury
        192 aggravated assault
        197 disabling
        198

        discharging firearm or doing dangerous act with intent

        199 acid throwing
        200 poisoning with intent
        201 infecting with disease
        209 kidnapping
        294 arson
        295 attempted arson
        296

        damage to other property by fire or explosive

        297

        attempt to damage property by fire or explosive

        298 wilful damage
        300

        interfering with means of transport

        An offence against any of the following sections of the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980:

        section subject matter
        3 crimes against persons
        4

        crimes against premises or vehicles

        5 threats against persons
        6

        threats against premises or vehicles

      2. The Convention Against the Taking of Hostages, opened for signature at New York on 18 December 1979
        1. An offence against the following section of the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980:

          section subject matter
          8 hostage taking

        2. The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, adopted in Vienna on 19 December 1988
          1. An offence against any of the following sections of the Misuse of Drugs Act 1975:
            section subject matter
            6 dealing with controlled drugs
            9

            cultivation of prohibited plants

            10

            aiding offences against corresponding law of another country

            12A

            equipment, material, and substances used in production or cultivation of controlled drugs

            12AB

            knowingly import or export precursor substances for unlawful use

            12B

            laundering proceeds of drug offences

            12C

            commission of offences outside New Zealand

          2. The Single Convention on Narcotic Drugs, done at New York on 30 March 1961
            1. or
            2. The Protocol to the Single Convention on Narcotic Drugs, done at Geneva on 25 March 1972
              1. or
              2. The Convention on Psychotropic Substances, done at Vienna on 21 February 1971
                1. An offence against any of the following sections of the Misuse of Drugs Act 1975:
                  section subject matter
                  6 dealing with controlled drugs
                  9 cultivation of prohibited plants

                2. The Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, adopted by the General Assembly of the United Nations on 10 December 1984
                  1. An offence against the following section of the Crimes of Torture Act 1989:

                    section subject matter
                    3 acts of torture

                  2. The Convention for the Suppression of Unlawful Seizure of Aircraft, done at the Hague on 16 December 1970
                    1. An offence against any of the following sections of the Aviation Crimes Act 1972:

                      section subject matter
                      3 hijacking
                      4

                      crimes in connection with hijacking

                    2. The Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal on 23 September 1971
                      1. An offence against the following section of the Aviation Crimes Act 1972:

                        section subject matter
                        5

                        other crimes relating to aircraft

                      2. The Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, done at Montreal on 24 February 1988
                        1. An offence against the following section of the Aviation Crimes Act 1972:

                          section subject matter
                          5A

                          crimes relating to international airports

                        2. The Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, done at Rome on 10 March 1988
                          1. or
                          2. The Protocol of 2005 to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, done at London on 14 October 2005
                            1. An offence against any of the following sections of the Maritime Crimes Act 1999:

                              section subject matter
                              4

                              offences relating to ships

                              4A

                              further offences relating to ships

                              4B

                              transportation of weapons and nuclear material and equipment by ship

                              4C

                              transportation of fugitives by ship

                              6

                              causing death or injury in connection with offence against section 4, 4A, 4B, or 4C of that Act

                            2. The Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on 10 March 1988
                              1. or
                              2. The Protocol of 2005 to the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, done at London on 14 October 2005
                                1. An offence against any of the following sections of the Maritime Crimes Act 1999:

                                  section subject matter
                                  5

                                  offences relating to fixed platforms

                                  5A

                                  further offences relating to fixed platforms

                                  6

                                  causing death or injury in connection with offence against section 5 or 5A of that Act

                                2. The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, done at Paris on 17 December 1997
                                  1. An offence against any of the following sections of the Crimes Act 1961:

                                    section subject matter
                                    105C

                                    bribery of foreign public official

                                    105D

                                    bribery outside New Zealand of foreign public official

                                  2. The Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, adopted at Geneva on 12 August 1949
                                    1. An offence against the following section of the Geneva Conventions Act 1958:
                                      section subject matter
                                      3

                                      punishment for grave breaches of Conventions or First Protocol

                                    2. The Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, adopted at Geneva on 12 August 1949
                                      1. An offence against the following section of the Geneva Conventions Act 1958:

                                        section subject matter
                                        3

                                        punishment for grave breaches of Conventions or First Protocol

                                      2. The Geneva Convention Relative to the Treatment of Prisoners of War, adopted at Geneva on 12 August 1949
                                        1. An offence against the following section of the Geneva Conventions Act 1958:

                                          section subject matter
                                          3

                                          punishment for grave breaches of Conventions or First Protocol

                                        2. The Geneva Convention Relative to the Protection of Civilian Persons in Time of War, adopted at Geneva on 12 August 1949
                                          1. An offence against the following section of the Geneva Conventions Act 1958:

                                            section subject matter
                                            3

                                            punishment for grave breaches of Conventions or First Protocol

                                          2. The Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts, adopted at Geneva on 8 June 1977
                                            1. An offence against the following section of the Geneva Conventions Act 1958:

                                              section subject matter
                                              3

                                              punishment for grave breaches of Conventions or First Protocol

                                            2. The United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000
                                              1. An offence against any of the following sections of the Crimes Act 1961:

                                                section subject matter
                                                98A

                                                participation in organised criminal group

                                                100 judicial corruption
                                                101 bribery of judicial officer, etc
                                                102

                                                corruption and bribery of Minister of the Crown

                                                103

                                                corruption and bribery of member of Parliament

                                                104

                                                corruption and bribery of law enforcement officer

                                                105

                                                corruption and bribery of official

                                                116 conspiring to defeat justice
                                                117 corrupting juries and witnesses
                                                257A money laundering

                                                Any offence against any Act if—

                                              2. it is punishable by imprisonment for a term of 4 years or more; and
                                                1. there are reasonable grounds to suspect that it is transnational in nature (as defined in Articles 3(2) and 18(1) of the convention referred to in column 1) and involves an organised criminal group (as defined in Article 2(a) of that convention)
                                                  1. The Protocol against the Smuggling of Migrants, by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000
                                                    1. An offence against the, following section of the Crimes Act 1961:

                                                      section subject matter
                                                      98C smuggling migrants

                                                      An offence against any of the following sections of the Passports Act 1992:

                                                      29A

                                                      forged and false New Zealand travel documents

                                                      30

                                                      offences relating to passport information and material

                                                      30A

                                                      improper issue of New Zealand travel document

                                                      31(1) other offences
                                                      31(2)

                                                      defacing or destroying document

                                                      32 false representations

                                                    2. The Protocol to Prevent, Suppress and Punish Trafficking of Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000
                                                      1. An offence against the following section of the Crimes Act 1961:

                                                        section subject matter
                                                        98D

                                                        trafficking in people by means of coercion or deception

                                                      2. The International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations at New York on 15 December 1997
                                                        1. An offence against the following section of the Terrorism Suppression Act 2002:

                                                          section subject matter
                                                          7(1) terrorist bombing

                                                        2. The International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations at New York on 9 December 1999
                                                          1. An offence—

                                                          2. against the following section of the Terrorism Suppression Act 2002:
                                                            1. that involves a terrorist act of a kind referred to in section 5(1)(b) or (c) of that Act
                                                              1. The Convention on the Physical Protection of Nuclear Materials done at Vienna on 26 October 1979
                                                                1. An offence against the following section of the Terrorism Suppression Act 2002:

                                                                  section subject matter
                                                                  13C

                                                                  offences involving the physical protection of nuclear materials

                                                                2. The International Convention against the Recruitment, Use, Financing and Training of Mercenaries, done at New York on 4 December 1989
                                                                  1. An offence against the following sections of the Mercenary Activities (Prohibition) Act 2004:

                                                                    section subject matter
                                                                    7 recruiting person to be mercenary
                                                                    8 using mercenary
                                                                    9 financing mercenary
                                                                    10 training prospective mercenary
                                                                    11 training mercenary
                                                                    12

                                                                    mercenary taking part in hostilities or concerted act of violence

                                                                  2. Optional Protocol to the United Nations Convention on the Rights of the Child on the sale of children, child prostitution, and child pornography
                                                                    1. An offence against any of the following sections of the Crimes Act 1961

                                                                      section subject matter
                                                                      98AA Dealing in people under 18 for sexual exploitation, removal of body parts, or engagement in forced labour
                                                                      144A Sexual conduct with children and young people outside New Zealand
                                                                      An offence against the following section of the Prostitution Reform Act 2003
                                                                      section subject matter
                                                                      23(1) Breach of prohibitions on use in prostitution of people under 18

                                                                    2. The Convention for the Suppression of Acts of Nuclear Terrorism, adopted by the General Assembly of the United Nations at New York on 13 April 2005
                                                                      1. An offence against the following section of the Terrorism Suppression Act 2002

                                                                        section subject matter
                                                                        13E

                                                                        offences involving radioactive material and radioactive devices

                                                                      2. The Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on 26 March 1999.
                                                                        1. An offence against the following section of the Cultural Property (Protection in Armed Conflict) Act 2012:

                                                                          section subject matter
                                                                          7

                                                                          Serious violations of the Second Protocol.

                                                                        2. The United Nations Convention against Corruption (2003)
                                                                          1. An offence against any of the following sections of the Crimes Act 1961:

                                                                            section subject matter
                                                                            100

                                                                            judicial corruption

                                                                            101

                                                                            bribery of judicial officer, etc

                                                                            102

                                                                            corruption and bribery of Minister of the Crown

                                                                            103

                                                                            corruption and bribery of member of Parliament

                                                                            104

                                                                            corruption and bribery of law enforcement officer

                                                                            105

                                                                            corruption and bribery of official

                                                                            105A

                                                                            corrupt use of official information

                                                                            105B

                                                                            use or disclosure of personal information disclosed in breach of section 105A

                                                                            105C

                                                                            bribery of foreign public official

                                                                            105D

                                                                            bribery outside New Zealand of foreign public official

                                                                            105E

                                                                            corruption of foreign public officials

                                                                            105F

                                                                            trading in influence

                                                                            116

                                                                            conspiring to defeat justice

                                                                            117

                                                                            corrupting juries and witnesses

                                                                            219

                                                                            theft or stealing

                                                                            220

                                                                            theft by person in special relationship

                                                                            228

                                                                            dishonestly taking or using document

                                                                            240

                                                                            obtaining by deception or causing loss by deception

                                                                            243

                                                                            money laundering

                                                                            246

                                                                            receiving

                                                                            249

                                                                            accessing computer system for dishonest purpose

                                                                            An offence against any of the following sections of the Secret Commissions Act 1910:

                                                                            section subject matter
                                                                            3

                                                                            gifts to agent without consent of principal an offence

                                                                            4

                                                                            acceptance of such gifts by agent an offence

                                                                            8

                                                                            receiving secret reward for procuring contracts an offence

                                                                            Notes
                                                                            • Schedule 1 item 4: amended, on , by section 23 of the Misuse of Drugs Amendment Act 2005 (2005 No 81).
                                                                            • Schedule 1 item 12: replaced, on , by section 24 of the Maritime Crimes Amendment Act 2017 (2017 No 49).
                                                                            • Schedule 1 item 12A: inserted, on , by section 24 of the Maritime Crimes Amendment Act 2017 (2017 No 49).
                                                                            • Schedule 1 item 13: replaced, on , by section 24 of the Maritime Crimes Amendment Act 2017 (2017 No 49).
                                                                            • Schedule 1 item 13A: inserted, on , by section 24 of the Maritime Crimes Amendment Act 2017 (2017 No 49).
                                                                            • Schedule 1 item 20: added, on , by section 15 of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).
                                                                            • Schedule 1 item 21: added, on , by section 16 of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).
                                                                            • Schedule 1 item 22: added, on , by section 17 of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).
                                                                            • Schedule 1 item 23: added, on , by section 79 of the Terrorism Suppression Act 2002 (2002 No 34).
                                                                            • Schedule 1 item 24: added, on , by section 80 of the Terrorism Suppression Act 2002 (2002 No 34).
                                                                            • Schedule 1 item 27: added, on , by section 18 of the Terrorism Suppression Amendment Act 2003 (2003 No 106).
                                                                            • Schedule 1 item 28: added, on , by section 23 of the Mercenary Activities (Prohibition) Act 2004 (2004 No 69).
                                                                            • Schedule 1 item 29: replaced, on , by section 10 of the Crimes Amendment Act 2005 (2005 No 41).
                                                                            • Schedule 1 item 30: added, on , by section 48(2) of the Terrorism Suppression Amendment Act 2007 (2007 No 102).
                                                                            • Schedule 1 item 31: inserted, on , by section 47 of the Cultural Property (Protection in Armed Conflict) Act 2012 (2012 No 118).
                                                                            • Schedule 1 item 32: inserted, on , by section 5 of the Mutual Assistance in Criminal Matters Amendment Act 2015 (2015 No 107).