The Government has changed the law to better respond to the international threat of cybercrime by passing the Budapest Convention and Related Matters Legislation Amendment Act (the Act).
The Act aligns New Zealand’s legislation with the requirements of the Council of Europe Convention on Cybercrime (also known as the Budapest Convention).
The Act amends the Search and Surveillance Act 2012, Mutual Assistance in Criminal Matters Act 1992, and the Crimes Act 1961 in a way that is consistent with human rights obligations and to enable New Zealand to accede to the Budapest Convention.
"Accession" occurs when a country accepts the offer to become a party to a treaty already negotiated and signed by other states. It has the same legal effect as ratification. Accession usually occurs after the treaty has entered into force.
The Convention on Cybercrime, opened for signature in Budapest, Hungary, in November 2001. It provides for:
The Act included feedback from a consultation paper on which the Ministry of Justice and the Department of the Prime Minister and Cabinet undertook public consultation in 2020.
The Act introduced ‘preservation directions’ to support of domestic criminal investigations and overseas criminal investigations and proceedings. It would also require a person who is the subject of a preservation direction to keep the existence of the direction confidential to avoid prejudicing a criminal investigation.
The Act also enables production orders and surveillance device warrants to be applied for in support of international criminal investigations and proceedings. It would also introduce new measures to ensure that human rights are upheld and affirmed.
The Act also ensures New Zealand law fully aligns with the requirements of the Budapest Convention relating to computer-related offending.
The legislation was introduced to Parliament on 23 September 2024 and had its first reading on 15 October 2024. Submissions on the Bill closed with the Justice Committee on 28 November 2024. The legislation received Royal assent on 30 July 2025 and some parts came into force the following day with the remainder coming into force no later than 1 October 2025.
Further information:
Budapest Convention and Related Matters Legislation Amendment Bill(external link) (Legislation website)
Justice Committee of Parliament(external link)
National Interest Analysis(external link)
International Treaty Examination of the Council of Europe Convention on Cybercrime(external link)
The Council of Europe Convention on Cybercrime and its protocols(external link)