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

62: Request for examination order in New Zealand

You could also call this:

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

Illustration for Mutual Assistance in Criminal Matters Act 1992

You can ask the Attorney-General to help get an examination order in New Zealand. The Attorney-General can ask the Commissioner to apply for this order under section 106 of the Criminal Proceeds (Recovery) Act 2009. This can happen if the Attorney-General thinks the request is about a criminal investigation that involves certain types of property.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1524253.


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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

62Request for examination order in New Zealand

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

  2. After a request is made, the Attorney-General may authorise the Commissioner to make an application under section 106 of the Criminal Proceeds (Recovery) Act 2009 for an examination order under section 107 of that Act if the Attorney-General is satisfied—

  3. that 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. that 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 62: substituted, on , by section 10 of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
            • Section 62(2): amended, on , by section 45 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).