The Government is changing the law to better respond to the international threat of cybercrime by passing the Budapest Convention and Related Matters Legislation Amendment Bill (the Bill).
This Bill proposes to align New Zealand’s legislation with the requirements of the Council of Europe Convention on Cybercrime (also known as the Budapest Convention).
This omnibus bill will amend 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 Bill includes 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 Bill would introduce ‘preservation directions’ that would 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 Bill proposes to enable 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 Bill would also ensure that New Zealand law fully aligns with the requirements of the Budapest Convention relating to computer-related offending.
The Bill was introduced to Parliament on 23 September 2024 and had its first reading on 15 October 2024. It is now being considered by the Justice Committee which is due to report back in April 2025.
Further information:
Budapest Convention and Related Matters Legislation Amendment Bill(external link) (Legislation website)
Justice Committee of Parliament
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)