Combating Bribery and Corruption

INTERNATIONAL COOPERATION

New Zealand works closely with other countries in the fight against international corruption. The international community provide each other with as much assistance as possible in investigating and prosecuting bribery.

The Mutual Assistance in Criminal Matters Act 1992

The Mutual Assistance in Criminal Matters Act 1992 allows requests:

• to be made by New Zealand to any other country for help in locating people, obtaining evidence, and enforcing orders.; and

• by other countries for New Zealand’s help.

New Zealand can consider requests from all countries.

A request for assistance may be refused if it, amongst other things, relates to:

• behaviour that would not constitute an offence in New Zealand

• involves an offence that carries the death penalty; or

• may prejudice the safety of someone.

The Extradition Act 1999

The Extradition Act governs the removal from and return of people to New Zealand who have been accused of an offence.

The offence must relate to an ‘extraditable offence’ that:

• carries a maximum penalty of not less than one year’s imprisonment in the requesting country; and

• involves behaviour that would have been criminal had it occurred in New Zealand and would have carried a similar penalty.

All New Zealand’s bribery offences are ‘extraditable offences’.

When a request for extradition occurs, there will be a Court hearing to determine if there is a strong case and to make sure the treaty and the law have been complied with.

There are a number of grounds on which extradition can be refused including:

• the offence being of a political character

• double jeopardy

• the death penalty being available for the offence.