Mutual Assistance in Criminal Matters Act 1992

Requests to New Zealand - Requests for surveillance device warrants - Other

50U: Admissibility of evidential material relating to New Zealand offence

You could also call this:

"Using evidence from another country in a New Zealand court"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You can use evidence in a New Zealand court case even if it was collected using a special warrant for a crime in another country. This is allowed if a warrant could have been issued under the Search and Surveillance Act 2012 for the same crime in New Zealand. The evidence is not automatically thrown out just because the warrant was for a crime in a different country.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1524504.


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50T: Destruction or retention of other raw surveillance data, etc, that remains in New Zealand, or

"What happens to extra surveillance information collected in New Zealand"


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50V: Annual reporting by Commissioner of Police, or

"The Police Commissioner's Annual Report: What They Must Tell Us"

Part 3Requests to New Zealand
Requests for surveillance device warrants: Other

50UAdmissibility of evidential material relating to New Zealand offence

  1. This section applies to evidential material obtained in relation to an offence against the law of New Zealand in the course of carrying out activities authorised by a surveillance device warrant issued under this subpart if a surveillance device warrant could have been issued under the Search and Surveillance Act 2012 in relation to that offence.

  2. The evidential material is not inadmissible in criminal proceedings in New Zealand merely because the surveillance device warrant was issued in relation to an offence against the law of a foreign country.

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Notes
  • Section 50U: inserted, on , by section 40 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).