12.18We were urged, however, to retain these provisions in some form on the basis that they make the law easier to apprehend, indicating the types of assistance that may be requested and any criteria to be assessed in relation to that request. Consequently, we have retained this guidance in Part 3 of our Bill, but have simplified the way in which the Bill outlines the types of assistance that may be requested, and the requirements associated with outgoing requests.
12.19Clause 53 gives a non-exhaustive list of the examples of types of assistance that New Zealand may request, making it clear that any requests must be lawful in both the foreign country and in New Zealand, and must relate to a criminal matter or to the recovery of criminal proceeds. For criminal matters, clause 54 provides a general requirement that the Central Authority must be “satisfied that a request is appropriate given the level of seriousness of the criminal matter that is subject of the request”. Clause 64 provides the general requirements for outgoing requests in relation to criminal proceeds, for which the Central Authority must be satisfied that:
(a) there are reasonable grounds to believe that criminal proceeds or information that is likely to lead to the recovery of criminal proceeds (whether these are located in New Zealand or overseas) are or is in the foreign country; and
(b) the request relates to an investigation or proceedings arising from conduct that constitutes significant criminal activity or a qualifying instrument forfeiture offence.