Ministry of Foreign Affairs & Trade | 195 Lambton Quay, Private Bag 18 901, Wellington 5045, New Zealand
Ph +64 4 439 8000, | Email:info at mfat.govt.nz
Treaty Type:
Multilateral
Common Name:
Budapest Convention
Responsible Department:
Justice
Administering Department:
Justice
Treaty Summary:
The Convention establishes common elements for cybercrime offences, common search and surveillance powers with respect electronic evidence, and common provisions for supporting mutual legal assistance with international investigations.
NZ Adherence Status:
In Progress
Negotiation Status:
The Convention came into force in 2004. In September 2020 New Zealand received an invitation to accede from the Council of Europe. This invitation lasts five years. On 18 February 2021 New Zealand announced its intention to accede to the Convention, progressing a recommendation by the Royal Commission of Inquiry into the Christchurch terror attack to accede.
The next steps that must be completed before New Zealand can join the Convention is for a Bill to be introduced to Parliament seeking the necessary legislative changes.
Organisation:
Council of Europe
Is Signed By NZ:
No
Signature Date:
Ratified or Signed:
No
Requires Ratification:
No
NZ Territorial Applications:
None
Information about required Legislation:
Changes would need to be made to the Search and Surveillance Act 2012, the Mutual Assistance in Criminal Matters Act 1994, the Crimes Act 1961, and the Customs and Excise Act 2018.
Primarily, this would be to:
- introduce a preservation order scheme,
- extend access to surveillance device warrants in international investigations, and
- create confidentiality obligations for third parties that assist in executing preservation orders or surveillance device warrants.
Impacts on Maori:
We have engaged in targeted consultation with several Māori organizations around a discussion document. Issues raised included - Maori in the criminal justice system and ownership/control over Māori data. Consultation has confirmed that Māori interests are engaged by the Convention, though we have assessed the impacts as relatively minor (though sensitive).
Impacts on Stakeholders:
We consulted the telecommunciaitons and cloud computing industries, as well as wider criminal justice civil society. Concerns exist around allocation of costs of executing orders, and on ensuring appropriate safeguards and transparency of new Search and Surveillance Act powers.
Link To Legislation:
Treaty Text Link:
Contact Information:
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