Dealing with conduct, people, and things outside New Zealand
This is a single section from Chapter 10. Read the full chapter here.
Will any cross-border issues impair the ability of a regulatory agency to perform its functions?
Legislation should expressly authorise a regulatory agency to work with overseas counterparts if that is necessary for the agencies to carry out their functions.
In general, the investigative and other regulatory powers of New Zealand agencies can be exercised within New Zealand only 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 if cross-border issues are involved.
MACMA provides a basic framework to enable countries to provide assistance to, and request assistance from, New Zealand with criminal investigations and prosecutions.
For civil regulatory action, or if the framework in MACMA is insufficient for criminal matters, the legislation should specify powers to request that an overseas counterpart obtain information for the New Zealand regulator and vice versa (or otherwise specify that they should provide assistance to each other), if that is necessary for the regulators to perform their functions.