22.1While the focus of this issues paper has been on the gateway and gatekeeping functions of the Mutual Assistance in Criminal Matters Act 1992 (MACMA) that relate to incoming requests, Part 2 of the Act governs outgoing requests New Zealand makes to foreign countries.
22.2In this chapter, we first discuss the value of Part 2 of the Act. As we mentioned in Chapter 12, the application of Part 2 depends on what assistance foreign countries can actually provide under their own legislation. The value of Part 2 is therefore questionable. Secondly, we consider section 63 – in Part 4 of the Act – which exists to ensure that evidence received by New Zealand will be admissible in criminal proceedings in a New Zealand court. While there is no doubt that this is a valuable and necessary provision, concerns have been raised about practical difficulties it creates.
