Chapter 15
Defendant requests under the new Mutual Assistance Bill


15.1As we noted in the Issues Paper, the Mutual Assistance in Criminal Matters Act 1992 (MACMA) is silent on whether it is available for use by defendants.454 In this chapter, we recommend including a provision in our new Mutual Assistance in Criminal Matters and for Recovery of Criminal Proceeds Bill (Mutual Assistance Bill) permitting the making of certain types of requests on behalf of New Zealand defendants.

15.2In relation to incoming requests on behalf a defendant, we recommend that New Zealand should allow such requests to be made provided the request has been made by the relevant foreign central authority. In determining whether or not to provide the assistance, the New Zealand Central Authority would be able to take into account the fact that the request is on behalf of a defendant.

454See generally Law Commission Extradition and Mutual Assistance in Criminal Matters (NZLC IP37, 2014) [Issues Paper] at ch 20.