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Mutual Assistance in Criminal Matters Act 1992

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Rules for When New Laws Start and How They Affect Ongoing Investigations"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You are looking at a part of a law called the Mutual Assistance in Criminal Matters Act 1992. This part is about how New Zealand helps other countries with criminal investigations. It explains what happens when New Zealand asks another country for help. You need to know that some words have special meanings in this law. The 'amendment Act' refers to the Budapest Convention and Related Matters Legislation Amendment Act 2025. A 'new provision' is a part of the law that has been added or changed by the amendment Act. When New Zealand asks another country for help, it can be about an offence that happened before the new law started. The law says what happens to requests that were made before the new law started. It also explains what happens to things that were seized before the new law started. The Attorney-General has to provide a certificate about searches and seizures. This certificate is about what was searched and what was seized. It is given to the country that asked for help. The law also talks about surveillance device warrants. These warrants are about using devices to watch or listen to people. The law says what happens to requests for these warrants that were made before the new law started.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1524754.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyGovernment and voting > Government departmentsInternational relations > International cooperation
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65: Regulations, or

"Rules made by the Governor-General to help the Mutual Assistance in Criminal Matters Act 1992 work properly"

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Schedule 1: Limitations on requests by convention countries, or

"Rules for countries working together on crime"

1AATransitional, savings, and related provisions Empowered by s 2C

1Provisions relating to Budapest Convention and Related Matters Legislation Amendment Act 2025

Interpretation

1Interpretation

  1. In this Part, amendment Act means the Budapest Convention and Related Matters Legislation Amendment Act 2025.

  2. In this Part,—

  3. a reference to a new provision is a reference to the provision as inserted or replaced by the amendment Act; and
    1. a reference to an old provision is a reference to the provision as in force immediately before it is replaced by the amendment Act.

      Notes
      • Schedule 1AA clause 1: inserted, on , by section 46 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).

      Requests by New Zealand for assistance

      2Request by New Zealand for assistance in obtaining thing

      1. A reference in new section 20 to an offence includes a reference to an offence committed or suspected to have been committed before that section commences.

      Notes
      • Schedule 1AA clause 2: inserted, on , by section 46 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).

      3Request by New Zealand for assistance in obtaining information by means of surveillance device

      1. References in new section 20A to an offence include references to an offence committed or suspected to have been committed before that section commences.

      Notes
      • Schedule 1AA clause 3: inserted, on , by section 46 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).

      Requests to New Zealand for search warrants and production orders

      4Requests relating to suspected offences committed before commencement of new provisions

      1. References in new sections 43(2), 44(2), and 45(2) to an offence against the law of a foreign country include references to an offence against the law of the foreign country committed or suspected to have been committed before those provisions commence.

      Notes
      • Schedule 1AA clause 4: inserted, on , by section 46 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).

      5Search warrants: existing requests, authorisations, and applications

      1. New section 43(2) applies in relation to a request that a foreign country has made under old section 43 but only if, immediately before new section 43(2) commences, the Attorney-General has not decided whether to authorise a constable to apply for a search warrant.

      2. Old section 44 continues to apply in relation to an application for a search warrant that a constable makes after new section 44 commences if, before that commencement, the constable was authorised under old section 43(2) to make the application.

      3. Old section 44 continues to apply in relation to an application for a search warrant—

      4. that a constable makes before new section 44 commences; but
        1. that is not finally determined before that commencement.

          Notes
          • Schedule 1AA clause 5: inserted, on , by section 46 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).

          6Search warrants: custody and disposal of things seized

          1. Old section 49 continues to apply in relation to anything seized pursuant to a search warrant that is issued—

          2. under old section 44 before new sections 44 and 49 commence; or
            1. under old section 44, as applied by clause 5(2) or (3).

              Notes
              • Schedule 1AA clause 6: inserted, on , by section 46 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).

              7Search warrants: Attorney-General to provide certificate as to search and seizure

              1. Old section 50 continues to apply in relation to a request by the Central Authority of a foreign country for a certificate concerning a search conducted, and any seizure of any thing and the custody of any thing seized, pursuant to a search warrant that is issued—

              2. under old section 44 before new sections 44 and 50 commence; or
                1. under old section 44, as applied by clause 5(2) or (3).

                  Notes
                  • Schedule 1AA clause 7: inserted, on , by section 46 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).

                  Requests to New Zealand for surveillance device warrants

                  8Requests relating to suspected offences committed before commencement of new provisions

                  1. References in new sections 50B(2) and 50C(2) and (4) to an offence against the law of a foreign country include references to an offence against the law of the foreign country that is committed or suspected to have been committed before those provisions commence.

                  Notes
                  • Schedule 1AA clause 8: inserted, on , by section 46 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).