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Mutual Assistance in Criminal Matters Act 1992

Requests to New Zealand - Requests for warrants and orders under Criminal Proceeds (Recovery) Act 2009 - Requests by foreign countries for orders or warrants in New Zealand

59: Request for search warrant in New Zealand

You could also call this:

"Asking for a search warrant in New Zealand from another country"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You can ask for a search warrant in New Zealand if you are from another country. You need to ask the Attorney-General for help with a criminal investigation or case. The Attorney-General can then decide what to do. If the Attorney-General agrees to help, they can let a constable apply for a search warrant. This is done under the Criminal Proceeds (Recovery) Act 2009, which you can find at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1451324 and https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1451289. The Attorney-General must be satisfied that the request is about a criminal investigation or case. The Attorney-General must also believe that the property is in New Zealand. They can authorise someone to apply for a search warrant under section 101 or section 102 of the Criminal Proceeds (Recovery) Act 2009. This can be for tainted property, property that belongs to someone who got it from crime, or an instrument of crime, which are explained in Part 3.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1524247.

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Part 3Requests to New Zealand
Requests for warrants and orders under Criminal Proceeds (Recovery) Act 2009: Requests by foreign countries for orders or warrants in New Zealand

59Request for search warrant in New Zealand

  1. A foreign country may request the Attorney-General to obtain the issue of a search warrant in New Zealand in respect of a criminal investigation or criminal proceedings relating to—

  2. tainted property (as defined in relation to Part 3); or
    1. property that belongs to a person who has unlawfully benefited from significant foreign criminal activity; or
      1. an instrument of crime (as defined in relation to Part 3); or
        1. property that will satisfy some or all of a foreign pecuniary penalty order.

          1. After a request is made, the Attorney-General may, if satisfied of the matters in subsection (3), do any of the following:

          2. authorise a constable to apply under section 124 of the Criminal Proceeds (Recovery) Act 2009 for a search warrant under section 101 of that Act in relation to that property:
            1. authorise the Commissioner to apply under section 125 of the Criminal Proceeds (Recovery) Act 2009 for a search warrant under section 102 of that Act in relation to that property:
              1. authorise the Official Assignee to apply under section 126 of the Criminal Proceeds (Recovery) Act 2009 for a search warrant under section 110 of that Act in relation to that property.

                1. The matters referred to in subsection (2) are—

                2. that the request relates to a criminal investigation or criminal proceedings relating to—
                  1. tainted property (as defined in relation to Part 3); or
                    1. property that belongs to a person who has unlawfully benefited from significant foreign criminal activity; or
                      1. an instrument of crime (as defined in relation to Part 3); or
                        1. property that will satisfy some or all of a foreign pecuniary penalty order; and
                        2. that there are reasonable grounds for believing the property is located in New Zealand.

                          Notes
                          • Section 59: substituted, on , by section 10 of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).