Mutual Assistance in Criminal Matters Act 1992

Requests to New Zealand - Requests to enforce foreign restraining orders and foreign forfeiture orders - Requests to enforce foreign restraining orders and foreign forfeiture orders

54: Request to enforce foreign restraining order

You could also call this:

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

Illustration for Mutual Assistance in Criminal Matters Act 1992

You can ask the Attorney-General to help enforce a foreign restraining order. This order is about property that is thought to be in New Zealand. The Attorney-General can let the Commissioner apply to the High Court to register this order. You need to show that the request is about certain types of property, such as tainted property, or property from significant foreign criminal activity. The Attorney-General must also believe that some of this property is in New Zealand. The authority to do this must be in writing. The request can be about property that will help pay a foreign pecuniary penalty order, or an instrument of crime, as defined in Part 3. The Attorney-General's decision is important in helping to enforce the foreign restraining order. This process helps countries work together to enforce their laws.

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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=LMS1524233.

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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."

55: Request to enforce foreign forfeiture order, or

"Asking for help to take control of property in New Zealand that was gained from crime overseas"

Part 3Requests to New Zealand
Requests to enforce foreign restraining orders and foreign forfeiture orders: Requests to enforce foreign restraining orders and foreign forfeiture orders

54Request to enforce foreign restraining order

A foreign country may request the Attorney-General to assist in enforcing a foreign restraining order that relates to property that is believed to be located in New Zealand.
The Attorney-General may authorise the Commissioner to apply to the High Court to register a foreign restraining order in New Zealand if satisfied—
that the request from the foreign country relates to—
1. tainted property (as defined in relation to Part 3); or
2. property of a person who has unlawfully benefited from significant foreign criminal activity; or
3. an instrument of crime (as defined in relation to Part 3); or
4. property that will satisfy some or all of a foreign pecuniary penalty order; and
that there are reasonable grounds to believe some or all of the property that is able to be restrained under the foreign restraining order is located in New Zealand.

An authority issued under subsection (2) must be in writing.

Notes

Section 54: substituted, on 1 December 2009, by section 10 of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).