Plain language law

New Zealand law explained for everyone

Mutual Assistance in Criminal Matters Act 1992

Requests to New Zealand - Requests for search warrants and production orders - Requests

43: Assistance in obtaining thing

You could also call this:

"Getting help from New Zealand to find something for a serious crime"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You can ask the Attorney-General for help to get something from New Zealand. The Attorney-General can ask the New Zealand Police to get a search warrant or a production order. This happens if the Attorney-General thinks the request is about a serious crime in another country. You can get help to obtain a thing or a document if it is relevant to the crime. The Attorney-General must think the thing or document is in New Zealand. For a document, the person who has it must be able to get the order and follow it in New Zealand. The Attorney-General can say yes to the request if they think the crime is serious enough. The crime must be punishable by imprisonment for 2 years or more in the other country. The Attorney-General must also think there are good reasons to believe the thing or document is in New Zealand.

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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=LMS1524134.

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42A: Interpretation, or

"What special words mean in this law"

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44: Applications, issue, etc, or

"How to apply for a search warrant to help solve a crime"

Part 3Requests to New Zealand
Requests for search warrants and production orders: Requests

43Assistance in obtaining thing

  1. A foreign country may request the Attorney-General to assist in obtaining—

  2. a thing under a search warrant; or
    1. a document under a production order.

      1. The Attorney-General may authorise the New Zealand Police to apply to a Judge for a search warrant or a production order under this subpart if the Attorney-General is satisfied—

      2. that the request relates to a criminal matter in respect of an offence against the law of that foreign country that is punishable by imprisonment for a term of 2 years or more; and
        1. that there are reasonable grounds to believe that the thing or document is relevant to the criminal matter; and
          1. that there are reasonable grounds to believe that,—
            1. for a request for assistance in obtaining a thing under a search warrant, the thing is in New Zealand; or
              1. for a request for assistance in obtaining a document under a production order, the document is in the possession or under the control of a person who could be served and comply with the order in New Zealand if it were made (for example, because they are an individual living in New Zealand or a company that is registered in New Zealand).

              Notes
              • Section 43: replaced, on , by section 38 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).