Introduction
17.1This Part contains our recommended Mutual Assistance in Criminal Matters and for Recovery of Criminal Proceeds Bill (Mutual Assistance Bill) and commentary on selected provisions.
17.2As with our Extradition Bill, the Mutual Assistance Bill is designed to give a clear illustration of our policy. It is indicative drafting only and further work would be required before the Bill would be ready for introduction in Parliament.
17.3The following provisions in the Bill are the subject of commentary:
- Clause 6 – Interpretation (criminal matter)
- Clause 8 – Central Authority
- Clause 10 – Act not to limit other providing of assistance
- Clause 11 – Monitoring of interagency mutual assistance schemes
- Clause 20 – Making request
- Clause 22 – Grounds on which assistance must be refused
- Clause 23 – Grounds on which assistance may be refused
- Clause 24 – Criminal investigations
- Clause 26 – Assistance may be provided subject to conditions or provided in part or postponed
- Clause 29 – Information lawfully obtained for earlier request may be provided for later request
- Clauses 30 and 34 – Obtaining evidence and information
- Clause 36 – Limit on use of Search and Surveillance Act 2012
- Clause 37 – Agreements between New Zealand and foreign countries relating to warrants and orders under Search and Surveillance Act 2012
- Clause 43 – Undertakings by foreign country requesting attendance of person
- Part 2, subpart 3 – Requirements and procedures for providing assistance to recover criminal proceeds
- Clause 46 – Interpretation
- Clause 47 – Interim foreign restraining orders
- Clause 55 – Admissibility of evidence
- Schedule – Amendments to Criminal Proceeds (Recovery) Act 2009
17.4We have not provided commentary on every provision in the Bill. This is because the policy behind most is either clear on the face of the particular provision in the Bill, or because it is clearly outlined in the preceding chapters of this Report. Instead, the commentary focuses on those provisions where:
(a) particularly significant words or phrases in the provision warrant further explanation; or
(b) the provision is not self-explanatory and the policy behind it is not explained elsewhere in the Report.
