Contents

Chapter 15
Defendant requests under the new Mutual Assistance Bill

Incoming requests

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.473
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,474 or through the general discretion to refuse.475

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.

473This is in accordance with Mutual Assistance Bill, cls 8 and 20(1).
474As required under Mutual Assistance Bill, cl 20(1). See also cl 6 (definition of “foreign Central Authority”).
475Mutual Assistance Bill, cl 23(2)(i). See New Zealand Police submission at 17.