This is a single section from Chapter 9. Read the full chapter here.

Will any cross-border issues impair the ability of the relevant agency to perform its functions?

Legislation should include sufficient powers to enable enforcement agencies to request and use information from overseas agencies.

 

The investigative powers of New Zealand agencies can generally only be exercised within New Zealand in respect of suspected breaches of New Zealand law. In some cases, this principle may impair the ability of New Zealand agencies to effectively regulate conduct where cross-border issues are involved.

The Mutual Assistance in Criminal Matters Act 1992 provides a basic framework to enable countries to provide assistance to, and request assistance from, New Zealand  in respect of criminal investigations and prosecutions. For non-criminal regulatory regimes, it may be necessary for the legislation to authorise the agency to enter into information sharing and assistance arrangements with foreign regulators.

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