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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

58: Cancelling registration of foreign orders in New Zealand

You could also call this:

"Stopping a foreign court order from being used in New Zealand"

Illustration for Mutual Assistance in Criminal Matters Act 1992

The Attorney-General can tell the Commissioner to ask the High Court to cancel a foreign order in New Zealand. You might wonder what kind of orders these are - they can be foreign restraining orders or foreign forfeiture orders. The Attorney-General can do this at any time. The Attorney-General might decide to cancel an order if it is no longer valid in the country where it was made, or if New Zealand and that country have made arrangements about these orders. They can also cancel an order if it was registered in New Zealand incorrectly, according to section 56, or if the country where the order was made thinks it should be cancelled after talking to them. If the Commissioner asks the High Court to cancel an order, the High Court must do so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1524243.

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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

58Cancelling registration of foreign orders in New Zealand

  1. The Attorney-General may at any time direct the Commissioner to apply to the High Court to cancel the registration in New Zealand of—

  2. a foreign restraining order; or
    1. a foreign forfeiture order.

      1. Without limiting subsection (1), the Attorney-General may give a direction of that kind if the Attorney-General is satisfied—

      2. that the order has, since being registered in New Zealand, ceased to have effect in the foreign country in which it was made; or
        1. that cancelling the order is appropriate having regard to arrangements entered into between New Zealand and the foreign country in relation to the enforcing of orders of that kind; or
          1. that the registration of the order in New Zealand contravened section 56; or
              1. that, after consultation with the foreign country where the order was made, it is desirable that the registration of the foreign order be cancelled; or
                1. that the foreign order has been discharged, wholly or in part.

                  1. The High Court must cancel the registration of a foreign order in New Zealand if the Commissioner applies, under a direction under subsection (1), to the High Court to cancel the registration.

                  Notes
                  • Section 58: substituted, on , by section 10 of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
                  • Section 58(2)(d): repealed, on , by section 4 of the Mutual Assistance in Criminal Matters Amendment Act 2012 (2012 No 14).