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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

60: Interim foreign restraining order

You could also call this:

"A temporary order to freeze property in New Zealand that another country thinks is linked to a crime"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You can ask the Attorney-General to get an interim foreign restraining order. This order is for property in New Zealand that a foreign country thinks is linked to a crime. The Attorney-General can ask the Commissioner to apply for this order if they think there is a good reason to believe the property is in New Zealand and is linked to a crime. You need to have a criminal investigation happening to get this order. This investigation must be about certain types of property, such as tainted property or an instrument of crime. The Attorney-General must be satisfied that the investigation is real and that the property is likely to be in New Zealand. The application for the order is made under section 128 of the Criminal Proceeds (Recovery) Act 2009. The Attorney-General looks at the request from the foreign country and decides if they should ask the Commissioner to apply for the order. The Commissioner then makes the application to get the interim foreign restraining order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1524249.

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

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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

60Interim foreign restraining order

  1. A foreign country may request the Attorney-General to obtain the issue of an interim foreign restraining order in respect of property that is believed to be located in New Zealand.

  2. After a request is made, the Attorney-General may authorise the Commissioner to make an application under section 128 of the Criminal Proceeds (Recovery) Act 2009 for an interim foreign restraining order if the Attorney-General is satisfied that—

  3. there is a criminal investigation in relation 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. there are reasonable grounds to believe all or part of the property to which the criminal investigation relates is located in New Zealand.

            Notes
            • Section 60: substituted, on , by section 10 of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).