Mutual Assistance in Criminal Matters Act 1992

Requests to New Zealand - Assistance in arranging service of process - Assistance in arranging service of process

52: Undertaking required from foreign country

You could also call this:

"Promise needed from foreign country before New Zealand helps"

Illustration for Mutual Assistance in Criminal Matters Act 1992

When a foreign country asks New Zealand for help to serve a summons, you need to know that the Attorney-General must get a promise from that country. This promise is that you will not get in trouble if you do not comply with the summons. The Attorney-General must get this promise before helping the foreign country, as stated in section 51.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1524228.


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51: Assistance in arranging service, or

"Help to serve court papers to someone in New Zealand"


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53: Penalty not to be imposed for failure to comply with summons, or

"You won't get in trouble for not following a summons from another country."

Part 3Requests to New Zealand
Assistance in arranging service of process: Assistance in arranging service of process

52Undertaking required from foreign country

  1. Where, pursuant to section 51, a foreign country requests the assistance of the Attorney-General in effecting the service, on any person, of a summons to appear as a witness in that foreign country, the Attorney-General shall, before authorising assistance in accordance with that section, obtain an undertaking from the foreign country that the person to whom the request relates will not be subject to any penalty or liability or otherwise prejudiced in law by reason only of that person’s refusal or failure to comply with the summons, notwithstanding any contrary statement in the summons.