Mutual Assistance in Criminal Matters Act 1992

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

45: General provisions: applications and making

You could also call this:

"How to get a production order to help solve a crime"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You can apply for a production order if the Attorney-General says it is okay. A constable can ask a Judge for a production order. The Judge can make a production order if they think someone has done something wrong. You can get a production order if the Judge believes someone has or will do something against the law of another country. This must be something that could lead to a prison sentence of 2 years or more. The Judge must also think the documents being asked for are important evidence. The documents must be in the person's possession or control, or will be soon. This is how a production order can be made.

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This page was last updated on 12 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1524162.

Topics:

Crime and justice > Courts and legal helpCrime and justice > Police and safety

44: Applications, issue, etc, or

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

45: Form and content of search warrant, or

"What's on a police search warrant paper?"

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

45General provisions: applications and making

If the Attorney-General authorises the New Zealand Police to apply for a production order, a constable may apply to a Judge for a production order.
On an application by a constable, a Judge may make a production order against a person if satisfied that there are reasonable grounds—
to suspect that an offence against the law of a foreign country punishable by imprisonment for a term of 2 years or more has been or will be committed; and
to believe that the document sought by the proposed order—
1. is evidential material in respect of the offence; and
2. is in the possession or under the control of the person, or will come into the possession or under the control of the person while the order is in force.

Notes

Section 45: inserted, on 1 October 2025, by section 38 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).