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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

61: Request for production order in New Zealand

You could also call this:

"Asking for help to get information in New Zealand about property linked to a crime"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You can ask the Attorney-General to get a production order in New Zealand. The Attorney-General can tell the Commissioner to apply for this order if they think it is related to a criminal investigation. This investigation must be about certain types of property, such as tainted property or an instrument of crime, and the Attorney-General must believe that this property is in New Zealand. You can read more about what a production order is in section 104 and section 105 of the Criminal Proceeds (Recovery) Act 2009. The Attorney-General must be satisfied that the request is about a criminal investigation that relates to specific things. These things include property that belongs to someone who got it from significant foreign criminal activity. The Attorney-General also needs to think there are good reasons to believe that some or all of the property is in New Zealand. This is so the Commissioner can apply for a production order under the Criminal Proceeds (Recovery) Act 2009. You can find more information about tainted property and instruments of crime in Part 3 of the Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1524251.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyHousing and property > Land use
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"A temporary order to freeze property in New Zealand that another country thinks is linked to a crime"

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62: Request for examination order in New Zealand, or

"Asking for help to get a court order in New Zealand to investigate criminal activity"

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

61Request for production order in New Zealand

  1. A foreign country may request the Attorney-General to make an application for a production order in New Zealand.

  2. After a request is made, the Attorney-General may authorise the Commissioner to make an application to a Judge under section 104 of the Criminal Proceeds (Recovery) Act 2009 for a production order under section 105 of that Act if the Attorney-General is satisfied that—

  3. the request relates to a criminal investigation that relates 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 that all or part of the property to which the criminal investigation relates is located in New Zealand.

            Notes
            • Section 61: substituted, on , by section 10 of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
            • Section 61(2): amended, on , by section 44 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).