Defendant requests under the new Mutual Assistance Bill
15.23In the Issues Paper, we suggested that New Zealand should be unconcerned as to the original source of an incoming request for assistance. That is a matter for the foreign country and the request should be treated the same as any other mutual assistance request, provided it has been made to the New Zealand Central Authority by the foreign central authority.
15.24The submissions we received on incoming requests broadly agreed with our assessment. Police noted that the role of the Central Authority is to ensure mutual assistance applications are authorised appropriately. If it has any concerns about the applicant it can refuse to provide assistance, either on the basis that the request has not been made by the appropriate central authority, or through the general discretion to refuse.
15.25We remain of the view, as stated in the Issues Paper, that New Zealand should not be concerned with the ultimate recipient of the material requested, but that the request should be made by the appropriate central authority. No specific provision is required.