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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

56: Method for registering foreign orders in New Zealand

You could also call this:

"How to register a foreign court order in New Zealand"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You can register a foreign order in New Zealand if the High Court is satisfied it is in force in another country. The High Court must make an order to register it in New Zealand if you apply under section 54 or 55. You can register the order by following a set procedure. You can register a foreign order or an amendment to it by using a copy sealed by the court that made it, or a copy authenticated in accordance with section 63. A copy of an amendment can be registered in the same way as a foreign order. The order or amendment does not have effect until it is registered. If you register an exact copy of a sealed or authenticated copy, it is treated as the real thing for the purposes of this Act. However, this copy only lasts for 21 days unless you register the sealed or authenticated copy before then. The foreign order or amendment must be registered under the Criminal Proceeds (Recovery) Act 2009 to have effect.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1524238.

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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"

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57: Effect of registering foreign orders in New Zealand, or

"What happens when a foreign order is registered in New Zealand"

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

56Method for registering foreign orders in New Zealand

  1. If the High Court is satisfied that a foreign order that the Commissioner has applied to register under section 54 or 55 is in force in a foreign country, the High Court must make an order that it be registered in New Zealand.

  2. A foreign order, or an amendment to a foreign order (an amendment), may be registered in the High Court in New Zealand by registering either of the following under the prescribed procedure:

  3. a copy of the foreign order or amendment sealed by the court or other judicial authority who made it; or
    1. a copy of the foreign order or amendment authenticated in accordance with section 63.

      1. A copy of an amendment (whether made before or after registration) may be registered in the same way as a foreign order.

      2. A foreign order or an amendment to a foreign order does not have effect under this Act or the Criminal Proceeds (Recovery) Act 2009 until it is registered.

      3. An exact copy of a sealed or authenticated copy of a foreign order or an amendment must for the purposes of this Act be treated as if it is the sealed or authenticated copy.

      4. However, registration of an exact copy ceases to have effect on the expiry of the period of 21 days commencing on the date of registration unless, before the expiry of that period, the sealed or authenticated copy is registered.

      Notes
      • Section 56: substituted, on , by section 10 of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).