Mutual Assistance in Criminal Matters Act 1992

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

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

You could also call this:

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

Illustration for Mutual Assistance in Criminal Matters Act 1992

If a foreign country asks New Zealand for help to serve a summons, you won't get in trouble for not following it. You can't be penalised or liable if you refuse or fail to comply with the summons. This is true even if the summons says something different, as long as you were asked to appear as a witness in the foreign country under section 51.

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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=LMS1524229.

Topics:

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

52: Undertaking required from foreign country, or

"Promise needed from foreign country before New Zealand helps"

54: Request to enforce foreign restraining order, or

"Asking for help to enforce a foreign order about property in New Zealand"

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

53Penalty not to be imposed for failure to comply with summons

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 person to whom the request relates shall 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.