Extradition Act 1999

1: Short Title and commencement
1: This Act may be cited as the Extradition Act 1999.
2: This Act comes into force on 1 September 1999.
1: Preliminary provisions
Interpretation
2: Interpretation
1: In this Act, unless the context otherwise requires,— Attorney-General country deposition
a: an affidavit or statement made on oath:
b: an affidavit or statement made by affirmation where that is allowed or required by the law of the country in which the affidavit or statement is made:
c: a statement made before any court or judicial authority if, under the law of the country in which it is made, a person making such a statement falsely is liable to punishment designated country section 40 Part 4 exempted country Part 3 section 17 extraditable person section 3 extradition country
a: in this Part, Part 2 Parts 7 to 12 Part 3 Part 4
b: in Part 3 section 13
c: in Part 4 section 39
d: in Part 6 but does not include New Zealand extradition offence section 4 extradition treaty treaty
a: means any treaty or agreement for the time being in force between New Zealand and any country or countries for the surrender of persons accused or convicted of offences; and
b: includes a treaty described in paragraph (a) that applies in respect of part only of a country hospital section 2(1) Minister offence penalty prison Corrections Act 2004 provisional arrest warrant
a: in relation to Part 3 section 20
b: in relation to Part 4 section 42 sentence of imprisonment warrant
2: References in this Act to the law of any country
3: In this Act, a reference to an offence of a political character
a: an offence—
i: that is constituted by conduct of a kind referred to in a multilateral treaty to which New Zealand is a party; and
ii: for which parties have an obligation to extradite or prosecute; or
b: any offence in relation to which New Zealand has agreed in writing with another country that the offence will not be treated as a political offence for the purposes of extradition between New Zealand and that country.
4: For the purposes of section 33(1) section 54(1) 54(3) prison
a: subject to a suspended sentence of imprisonment that has not been activated; or
b: on parole, home detention, or compassionate release, or is subject to release conditions, under Part 1
ba: subject to a sentence of home detention imposed under section 80A
c:
d: at large under section 62
e: subject to a community-based sentence (within the meaning of section 4(1) 1965 No 44 s 2 Section 2(1) penal institution repealed 1 June 2005 section 206 Corrections Act 2004 Section 2(1) prison inserted 1 June 2005 section 206 Corrections Act 2004 Section 2(4) amended 1 June 2005 section 206 Corrections Act 2004 Section 2(4)﻿(b) substituted 30 June 2002 section 125 Parole Act 2002 Section 2(4)﻿(ba) inserted 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 2(4)﻿(c) repealed 30 June 2002 section 125 Parole Act 2002 Section 2(4)﻿(d) amended 1 June 2005 section 206 Corrections Act 2004 Section 2(4)﻿(e) amended 30 June 2002 section 186 Sentencing Act 2002
3: Meaning of extraditable person
In this Act, a person is an extraditable person
a: the person is accused of having committed an extradition offence against the law of that country; or
b: the person has been convicted of an extradition offence against the law of that country and—
i: there is an intention to impose a sentence on the person as a consequence of the conviction; or
ii: the whole or a part of a sentence imposed on the person as a consequence of the conviction remains to be served.
4: Meaning of extradition offence
1: In this Act, extradition offence
a: in relation to an extradition country, an offence punishable under the law of the :
b: in relation to a request by
2: The condition referred to in subsection (1)﻿(a) is that if the conduct of the person constituting the offence in relation to the extradition country, or equivalent conduct, had occurred within the jurisdiction of New Zealand at the relevant time it would, if proved, have constituted an offence punishable under the law of New Zealand for which the maximum penalty is imprisonment for not less than 12 months or any more severe penalty.
3: For the purposes of determining whether the condition in subsection (2) is satisfied in relation to a particular application for surrender of a person, the relevant time referred to in subsection (2) is the time at which the conduct is alleged to have occurred.
4: In determining the maximum penalty for an offence against the law of any foreign country for which no statutory penalty is imposed, regard must be had to the level of penalty that can be imposed by a court for the offence. Section 4(1)﻿(a) amended 19 December 2002 section 3(1)﻿(a) Extradition Amendment Act (No 2) 2002 Section 4(1)﻿(a) amended 19 December 2002 section 3(1)﻿(b) Extradition Amendment Act (No 2) 2002 Section 4(1)﻿(b) amended 19 December 2002 section 3(2) Extradition Amendment Act (No 2) 2002
5: Interpretation provisions relating to offences
1: A reference in this Act to conduct constituting an offence
2: In making a determination for the purposes of section 4(2)
a: the acts or omissions are categorised or named differently; or
b: the constituent elements of the offence differ.
3: An offence may be an extradition offence although—
a: it is an offence against a law of the extradition country relating to revenue (including taxation and customs and excise duties) or foreign exchange controls; and
b: New Zealand does not impose a tax, duty, or other impost of that kind.
4: For the purposes of this Act, any vessel or aircraft recognised by the law of any country as belonging to that country is deemed to be within the jurisdiction of and to be part of that country.
5: If a person has been convicted in his or her absence of an offence against the law of an extradition country, whether or not the conviction is a final conviction, then, for the purposes of this Act, the person is deemed not to have been convicted of that offence but is deemed to have been accused of that offence. 1965 No 44 s 2(3) Extradition Act 1988 s 10(1), (2), (3) (Aust) Application of Act
6: Application of Act
1: An extraditable person who is in New Zealand and who is sought by an extradition country may be surrendered in accordance with either Part 3 Part 4
a: whether the conduct in respect of which surrender is sought occurred before or after—
i: the commencement of this Act; or
ii: the application of the provisions of this Act to that country; and
b: whether or not any New Zealand court has jurisdiction in respect of that conduct.
2: This section is subject to the other provisions of this Act. 1965 No 44 s 4 Restrictions on surrender
7: Mandatory restrictions on surrender
A mandatory restriction on surrender exists if—
a: the offence for which the surrender is sought is an offence of a political character; or
b: the surrender of the person, although purportedly in respect of an extradition offence, is actually sought for the purpose of prosecuting or punishing the person on account of his or her race, ethnic origin, religion, nationality, sex, or other status, or political opinions, or for an offence of a political character; or
c: on surrender, the person may be prejudiced at his or her trial or punished, detained, or restricted in his or her personal liberty by reason of his or her race, ethnic origin, religion, nationality, sex, or other status, or political opinions; or
d: the conduct for which the surrender is sought would have constituted an offence under military law only and not an offence under the ordinary criminal law of the extradition country; or
e: the person has been acquitted or pardoned by a competent tribunal or authority in the extradition country or New Zealand, or has undergone the punishment provided by the law of that country or New Zealand, in respect of the extradition offence or another offence constituted by the same conduct as constitutes the extradition offence; or
f: the person is detained in a hospital as a special patient section 2(1) ; or
g: the person is detained in a facility as a special care recipient under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 Fugitive Offenders Act 1881 s 29A(1), (2) (Imp) 1965 No 44 s 5(1)﻿(a), (b), (3), (4) Section 7(f) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 7(g) added 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003
8: Discretionary restrictions on surrender
1: A discretionary restriction on surrender exists if, because of—
a: the trivial nature of the case; or
b: if the person is accused of an offence, the fact that the accusation against the person was not made in good faith in the interests of justice; or
c: the amount of time that has passed since the offence is alleged to have been committed or was committed,— and having regard to all the circumstances of the case, it would be unjust or oppressive to surrender the person.
2: A discretionary restriction on surrender exists if the person has been accused of an offence within the jurisdiction of New Zealand (other than an offence for which his or her surrender is sought), and the proceedings against the person have not been disposed of. Fugitive Offenders Act 1881 s 19 (Imp) 1965 No 44 s 5(5)
9: Application of sections 7 and 8
Parts 3 4 sections 7 8 Act binds the Crown
10: Act binds the Crown
This Act binds the Crown. Construction of treaties
11: Construction of extradition treaties
1: If there is an extradition treaty in force between New Zealand and an extradition country, the provisions of this Act must be construed to give effect to the treaty.
2: Despite subsection (1), no treaty may be construed to override—
a: section 7
b: section 24(2)﻿(d) section 45(5)
c: subsection (2)﻿(b) or subsection (3)﻿(a) of section 30 section 49
d: any provision conferring a particular function or power on the Minister or a court.
3: This section is subject to section 105
2: Object of this Act
12: Object of this Act
The object of this Act is to provide for the surrender of an accused or convicted person from New Zealand to an extradition country or from an extradition country to New Zealand, and in particular—
a: to enable New Zealand to carry out its obligations under extradition treaties; and
b: to provide a means for New Zealand to give effect to requests for extradition from Commonwealth countries; and
c: to provide a means for New Zealand to give effect to requests for extradition from non-Commonwealth countries with which New Zealand does not have an extradition treaty; and
d: to provide a simplified procedure for New Zealand to give effect to requests for extradition from Australia and certain other countries; and
e: to facilitate the making of requests for the extradition of persons to New Zealand.
3: Extradition from New Zealand to certain treaty countries and certain Commonwealth and other countries
Application of this Part
13: Countries to which this Part applies
This Part applies to—
a: any Commonwealth country other than a Commonwealth country to which Part 4
b: any country if an Order in Council is in force under section 15 section 16
c: any country in respect of which an Order in Council is in force or has effect under section 104
d: any country to which the provisions of this Part are applied in particular circumstances under section 60
14: No treaty required for Commonwealth countries
1: If this Part applies to a Commonwealth country, it applies—
a: without the need for an extradition treaty between New Zealand and that country; and
b: without the need for an Order in Council to be made applying this Part to that country.
2: Nothing in this section prevents—
a: a treaty being made between New Zealand and a Commonwealth country; or
b: an Order in Council being made under section 15 section 17
15: Orders in Council in respect of treaties
1: If, after the commencement of this Act, an extradition treaty is concluded
2: An Order in Council made under subsection (1) must recite the terms of the treaty.
3: An Order in Council made under subsection (1) ceases to have effect when the treaty ceases to be in force.
4: An order under this section is secondary legislation ( see Part 3 1965 No 44 s 3(1), (2) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 15(1) amended 18 June 2002 section 3 Extradition Amendment Act 2002 Section 15(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
16: Extradition to non-Commonwealth countries in absence of treaty
1: If—
a: there is no extradition treaty in force between New Zealand and a particular country; and
b: there is no Order in Council in force under section 15
c: the country is not a Commonwealth country or a designated country,— the Governor-General may, by Order in Council, made on the recommendation of the Minister, apply this Part to that country subject to such limitations, conditions, exceptions, or qualifications as may be specified in the order.
2: The Minister must not recommend the making of an Order in Council under subsection (1) unless the Minister is satisfied that the country is able to return to New Zealand persons accused or convicted of a similar range of extradition offences to those to which the proposed order would relate.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 16(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Exempted countries
17: Exempted countries
1: The Governor-General may from time to time, by Order in Council, made on the recommendation of the Minister, declare that a country to which this Part applies under section 13 section 25 exempted country
2: Before recommending the making of an Order in Council under subsection (1), the Minister must consider whether, with respect to the requirements to produce evidence, the country to be exempted is able to deal with extradition requests from New Zealand in any manner that has similar effect to that permitted by section 25
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 17(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Extradition proceedings
18: Request for surrender
1: A request by an extradition country for the surrender of a person who—
a: is an extraditable person in relation to that country; and
b: is, or is suspected of being, in New Zealand or on his or her way to New Zealand,— must be transmitted
2: The request must be made—
a: by a diplomatic or consular representative, or a Minister, of the country that seeks the person's surrender; or
b: by such other means as is prescribed in a treaty (if any) in force between New Zealand and the extradition country or in any undertakings between New Zealand and the extradition country.
3: The request must be accompanied by duly authenticated supporting documents.
4: In this section, supporting documents
a: if the offence is an offence of which the person is accused,—
i: a warrant for the arrest of the person for the offence issued in the extradition country by a court or a Judge or other person having authority under the law of the extradition country to issue it; or
ii: a copy of such a warrant:
b: if the offence is an offence of which the person has been convicted, such documents as provide evidence of—
i: the conviction; and
ii: the sentence imposed or the intention to impose a sentence (where relevant); and
iii: the extent to which a sentence imposed has not been carried out (where relevant):
c: in the case of any offence, a written deposition setting out—
i: a description of, and the penalty applicable in respect of, the offence; and
ii: the conduct constituting the offence. 1965 No 44 s 6(1) Extradition Act 1988 s 19(3) (Aust) Section 18(1) amended 19 December 2002 section 4(1) Extradition Amendment Act (No 2) 2002 Section 18(4)﻿(a)﻿(i) substituted 19 December 2002 section 4(2) Extradition Amendment Act (No 2) 2002
19: Minister may request issue of arrest warrant
1: If a request is made under section 18
2: After receiving a request under subsection (1), the District Court Judge may issue a warrant in the prescribed form for the arrest of the person if the Judge is satisfied on the basis of information presented to him or her that—
i: the person is, or is suspected of being, in New Zealand or on his or her way to New Zealand; and
ii: there are reasonable grounds to believe that the person is an extraditable person in relation to the extradition country and the offence for which the person is sought is an extradition offence.
3: The Minister may, if the Minister thinks fit, refuse to notify a District Court Judge under this section. 1965 No 44 s 6(2)
20: Provisional arrest warrant may be issued
1: A District Court Judge may issue a provisional warrant in the prescribed form for the arrest of a person if the Judge is satisfied on the basis of the information presented to him or her that—
a: a warrant for the arrest of a person has been issued in an extradition country by a court or a Judge or other person having authority under the law of the extradition country to issue it; and
b: the person is, or is suspected of being, in New Zealand or on his or her way to New Zealand; and
c: there are reasonable grounds to believe that the person is an extraditable person in relation to the extradition country and the offence for which the person is sought is an extradition offence; and
d: it is necessary or desirable for an arrest warrant to be issued urgently.
2: A warrant may be issued under this section even though no request for surrender has been made. 1965 No 44 s 7(1)﻿(b) Section 20(1)﻿(a) substituted 19 December 2002 section 5 Extradition Amendment Act (No 2) 2002
21: Notice to Minister
1: If a District Court Judge issues a provisional warrant under section 20
2: The applicant must include in the report to the Minister a copy of the warrant issued in the extradition country and the other documentary evidence produced to the court by the applicant.
3: On receipt of the report under subsection (1), the Minister may, if the Minister thinks fit, order that the proceedings be discontinued.
4: If the Minister orders that the extradition proceedings be discontinued, the Minister may cancel any warrant of arrest and order the discharge of any person arrested under the warrant.
5: The Minister must notify the court of any action taken by the Minister under subsection (3) or subsection (4). 1965 No 44 s 7(2), (3)
22: Powers of court
1: In proceedings under this Part, except as expressly provided in this Act or in regulations made under section 102
a: the court has the same jurisdiction and powers, and must conduct the proceedings in the same manner, as if the proceedings were a committal
b: the following provisions apply to the proceedings, so far as applicable and with the necessary modifications:
i: Parts 5 5A sections 203 204 206
ii: Parts 1 sections 9 to 12 2 4
iii: the Criminal Procedure (Mentally Impaired Persons) Act 2003
2: Despite section 5 the District Court
3: Despite section 46(1) and (2) section 157 section 28(2)
4: The enactments (other than this Act, its provisions, Parts, and regulations made under it) specified in this section must be read as they read immediately before the commencement date as defined in section 394 1965 No 44 s 8(1), (4) Section 22(1)﻿(a) amended 29 June 2009 section 18 Summary Proceedings Amendment Act (No 2) 2008 Section 22(1)﻿(b) substituted 1 January 2001 section 74(2) Bail Act 2000 Section 22(1)﻿(b)﻿(iii) substituted 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 22(2) amended 1 March 2017 section 261 District Court Act 2016 Section 22(3) substituted 19 December 2002 section 6 Extradition Amendment Act (No 2) 2002 Section 22(3) amended 29 June 2009 section 18 Summary Proceedings Amendment Act (No 2) 2008 Section 22(4) inserted 1 July 2013 section 413 Criminal Procedure Act 2011
23: Procedure following arrest
1: A person arrested on a warrant issued after a request under section 19 section 20
2: The person—
a: is not bailable as of right; and
b: may not go at large without bail.
3: If the court remands the person on bail, the court may impose any conditions of bail that the court thinks fit in addition to any conditions that the court may impose under subsections (1) to (3) of section 31 section 49
4: If the person has been arrested on a provisional arrest warrant issued under section 20
a: the hearing of the proceedings must not proceed until the court receives from the Minister a notice in writing stating that a request for the surrender of the person has been transmitted to the Minister under section 18
b: pending the receipt of the notice from the Minister, the proceedings may from time to time be adjourned:
c: if the court does not receive the notice—
i: within the time prescribed in an extradition treaty that is in force between the extradition country and New Zealand; or
ii: if no time is prescribed in a treaty, or no treaty is in force, within such reasonable time as the court may fix,— the court must discharge the person:
d: the court may from time to time, in its discretion, extend any time fixed by it under paragraph (c)﻿(ii).
5: In subsection (3),—
a: section 31 section 7
b: section 49 section 394 1965 No 44 s 8(2), (3) Section 23(3) substituted 1 January 2001 section 74(2) Bail Act 2000 Section 23(5) inserted 1 July 2013 section 413 Criminal Procedure Act 2011
24: Determination of eligibility for surrender
1: Subject to section 23(4)
2: Subject to subsections (3) and (4), the person is eligible for surrender in relation to an extradition offence for which surrender is sought if—
a: the supporting documents (as described in section 18(4)
b: if—
i: this Act applies in relation to the extradition country subject to any limitations, conditions, exceptions, or qualifications that require the production to the court of any other documents; or
ii: the terms of an extradition treaty in force between New Zealand and the extradition country require the production to the court of any other documents— those documents have been produced to the court; and
c: the court is satisfied that the offence is an extradition offence in relation to the extradition country; and
d: the court is satisfied that the evidence produced or given at the hearing would, according to the law of New Zealand, but subject to this Act,—
i: in the case of a person accused of an extradition offence, justify the person's trial if the conduct constituting the offence had occurred within the jurisdiction of New Zealand; or
ii: in the case of a person alleged to have been convicted of an extradition offence, prove that the person was so convicted.
3: The person is not eligible for surrender if the person satisfies the court—
a: that a mandatory restriction on the surrender of the person applies under section 7
b: except in relation to a matter referred to in section 30(2)﻿(ab)
4: The court may determine that the person is not eligible for surrender if the person satisfies the court that a discretionary restriction on the surrender of the person applies under section 8
5: Subsections (3) and (4) are subject to section 105
6: Without limiting the circumstances in which the court may adjourn a hearing, if—
a: a document or documents containing a deficiency or deficiencies of relevance to the proceedings are produced; and
b: the court considers the deficiency or deficiencies to be minor in nature,— the court may adjourn the hearing for such period as it considers reasonable to allow the deficiency or deficiencies to be remedied. 1965 No 44 s 10 Section 24(3)﻿(b) amended 19 December 2002 section 7 Extradition Amendment Act (No 2) 2002
25: Record of case may be submitted by exempted country at hearing
1: For the purposes of any determination under section 24(2)﻿(d)﻿(i)
2: A record of the case must be prepared by an investigating authority or a prosecutor in an exempted country and must contain—
a: a summary of the evidence acquired to support the request for the surrender of the person; and
b: other relevant documents, including photographs and copies of documents.
3: The record of the case is admissible as evidence if it is accompanied by—
a: an affidavit of an officer of the investigating authority, or of the prosecutor, as the case may be, stating that the record of the case was prepared by, or under the direction of, that officer or that prosecutor and that the evidence has been preserved for use in the person's trial; and
b: a certificate by a person described in subsection (3A) stating that, in his or her opinion, the record of the case discloses the existence of evidence that is sufficient under the law of the exempted country to justify a prosecution in that country.
3A: A person referred to in subsection (3)﻿(b) is—
a: the Attorney-General or principal law officer of the exempted country, or his or her deputy or delegate; or
b: any other person who has, under the law of the exempted country, control over the decision to prosecute.
4: Nothing in this section—
a: prevents an exempted country from satisfying the test in section 24(2)﻿(d)﻿(i)
b: limits the evidence that may be admitted at any hearing to determine whether a defendant is eligible for surrender.
5: A court to which a certificate under subsection (3)﻿(b) is produced must take judicial notice of the signature on it of a person described in subsection (3A). Section 25(3)﻿(b) substituted 19 December 2002 section 8(1) Extradition Amendment Act (No 2) 2002 Section 25(3A) inserted 19 December 2002 section 8(2) Extradition Amendment Act (No 2) 2002 Section 25(5) substituted 19 December 2002 section 8(3) Extradition Amendment Act (No 2) 2002
26: Procedure following court's determination of whether person eligible for surrender
1: If the court determines under section 24
a: issue a warrant for the detention of the person in a prison section 27 section 184T(3)
b: record in writing the extradition offence or extradition offences in relation to which the court has determined that the person is eligible for surrender; and
c: send to the Minister a copy of the warrant of detention and the record made under paragraph (b), together with a copy of the application and any other evidence taken before the court in the case and any other information before it that has not already been sent to the Minister, and such report on the case as the court thinks fit; and
d: inform the person that—
i: subject to section 71
ii: during that time the person has the right to make an application for a writ of habeas corpus; and
iii: the person has the right to lodge an appeal under Part 8
2: If the court issues a warrant under subsection (1), the court may grant bail to the person.
3: If the court grants bail to the person, the court may impose any conditions of bail that the court thinks fit in addition to any conditions that the court may impose under subsections (1) to (3) of section 31 section 52
4: If the court is not satisfied under section 24 section 70(1) Part 8
5: Enactments other than this Act and its provisions that are specified in subsection (1)﻿(a) must be read as they read immediately before the commencement date as defined in section 394
6: In subsection (3),—
a: section 31 section 7
b: section 52 section 394 1965 No 44 s 10 Section 26(1)﻿(a) amended 29 June 2009 section 18 Summary Proceedings Amendment Act (No 2) 2008 Section 26(1)﻿(a) amended 1 June 2005 section 206 Corrections Act 2004 Section 26(3) substituted 1 January 2001 section 74(2) Bail Act 2000 Section 26(5) inserted 1 July 2013 section 413 Criminal Procedure Act 2011 Section 26(6) inserted 1 July 2013 section 413 Criminal Procedure Act 2011
27: Detention in place other than
prison If the court orders the detention of the person at any time under this Part, but is of the opinion that, because of the circumstances of the case, it would be dangerous to the life or pose a significant risk to the health of the person to detain the person in a prison
a: at the place where the person is for the time being; or
b: at any other place to which the court considers that the person can be removed without danger to the person's life or risk to the person's health— until such time as the person can, without such danger or risk, be detained in a prison Section 27 heading amended 1 June 2005 section 206 Corrections Act 2004 Section 27 amended 1 June 2005 section 206 Corrections Act 2004 Surrender by consent
28: Surrender by consent
1: A person may at any time notify the court that he or she consents to being surrendered to the extradition country for the extradition offence or extradition offences for which surrender is sought.
2: If the person notifies the court of his or her consent to surrender under subsection (1), then, despite section 24
a: issue a warrant for the detention of the person in a prison section 27 section 184T(3)
b: record in writing the extradition offence or extradition offences in respect of which the person has consented to surrender; and
c: send to the Minister a copy of the warrant of detention and the record made under paragraph (b), together with a copy of the application and any other evidence taken before the court in the case and any other information before it that has not already been sent to the Minister, and such report on the case as the court thinks fit.
3: The court must not take the action in subsection (2) unless—
a: the person was before the court when he or she consented to surrender for the offence or offences; and
b: the person has been legally represented in the proceedings; and
c: the court is satisfied that the person has freely consented to the surrender in full knowledge of its consequences.
4: Nothing in subsections (1) to (3) prevents a person from giving notice to the Minister after the court orders the detention of the person under section 26
5: If the court issues a warrant under subsection (2), the court may grant bail to the person.
6: If the court grants bail to the person, the court may impose any conditions of bail that the court thinks fit in addition to any conditions that the court may impose under subsections (1) to (3) of section 31 section 52
7: Enactments other than this Act and its provisions that are specified in subsection (2)﻿(a) must be read as they read immediately before the commencement date as defined in section 394
8: In subsection (6),—
a: section 31 section 7
b: section 52 section 394 Extradition Act 1988 s 18 (Aust) Section 28(2)﻿(a) amended 29 June 2009 section 18 Summary Proceedings Amendment Act (No 2) 2008 Section 28(2)﻿(a) amended 1 June 2005 section 206 Corrections Act 2004 Section 28(6) substituted 1 January 2001 section 74(2) Bail Act 2000 Section 28(7) inserted 1 July 2013 section 413 Criminal Procedure Act 2011 Section 28(8) inserted 1 July 2013 section 413 Criminal Procedure Act 2011 Consent to surrender for offences that are not extradition offences
29: Consent to surrender for offences that are not extradition offences
1: If—
a: either—
i: the court determines under section 24
ii: a person consents under section 28
b: the extradition country has requested that the person also be surrendered for an offence that is not an extradition offence or offences that are not extradition offences,— the court must ask the person whether he or she consents to being surrendered to the country in respect of the offence or any of the offences that are not extradition offences.
2: If the person gives his or her consent under this section to being surrendered for an offence or offences referred to in subsection (1)﻿(b), the court must notify the Minister in writing of the offence or offences in respect of which the person has consented.
3: The court must not notify the Minister under subsection (2) unless—
a: the person was before the court when he or she consented to surrender for the offence or offences; and
b: the person has been legally represented in the proceedings; and
c: the court is satisfied that the person has freely consented to the surrender for the offence or offences in full knowledge of its consequences. Extradition Act 1988 s 20 (Aust) Surrender and temporary surrender
30: Minister must determine whether person to be surrendered
1: If the court issues a warrant for the detention of a person under section 26(1)﻿(a) section 28(2)﻿(a)
2: The Minister must not determine that the person is to be surrendered—
a: if the Minister is satisfied that a mandatory restriction on the surrender of the person applies under section 7
ab: if the Minister is satisfied that a mandatory restriction on the surrender of the person applies under the provisions of the treaty (if any) between New Zealand and the extradition country; or
b: if it appears to the Minister that there are substantial grounds for believing that the person would be in danger of being subjected to an act of torture in the extradition country; or
c: if the person is a New Zealand citizen, and—
i: an extradition treaty in force between New Zealand and the extradition country; or
ii: an Order in Council made under section 16
iii: if there is no applicable treaty or Order in Council, any undertakings or arrangement in relation to extradition between New Zealand and the extradition country,— provide that no New Zealand citizen may be surrendered.
3: The Minister may determine that the person is not to be surrendered if—
a: it appears to the Minister that the person may be or has been sentenced to death by the appropriate authority in the extradition country, and the extradition country is unable to sufficiently assure the Minister that—
i: the person will not be sentenced to death; or
ii: if that sentence is or has been imposed, it will not be carried out; or
b: it appears to the Minister that a discretionary restriction on the surrender of the person applies under section 8
c: the person is a New Zealand citizen and—
i: if there is a treaty in force between New Zealand and the extradition country, it does not preclude the surrender of New Zealand citizens; or
ii: if there is an Order in Council made under section 16
iii: if there is no applicable treaty or Order in Council in relation to the extradition country, any undertakings or arrangement in relation to extradition between New Zealand and the extradition country do not preclude the surrender of New Zealand citizens— but the Minister is satisfied that, having regard to the circumstances of the case, it would not be in the interests of justice to surrender the person; or
d: without limiting section 32(4)
e: for any other reason the Minister considers that the person should not be surrendered.
4: Subsection (3)﻿(c) applies even if the person is a citizen of both New Zealand and the extradition country.
5: The Minister must not determine that the person is to be surrendered unless by virtue of—
a: the law of the extradition country; or
b: a provision of an extradition treaty in force between New Zealand and the extradition country; or
c: an undertaking given by the extradition country to New Zealand— the person, after being surrendered to the country, will not, unless the person has left or had the opportunity of leaving the country,—
d: be detained or tried in that country for any offence committed, or alleged to have been committed, before the person's surrender other than—
i: an extradition offence to which the request for the person's surrender relates; or
ii: any other offence carrying the same or a lesser maximum penalty of which the person could be convicted on proof of the conduct constituting any extradition offence to which the request for the person's surrender relates; or
iii: an extradition offence in relation to the country (not being an offence for which the country requested the surrender of the person) in respect of which the Minister consents to the person being so detained or tried; or
iv: an offence (not being an extradition offence) for which the person has consented to surrender under section 29
e: be detained in that country for the purpose of being surrendered to another country for trial or punishment for any offence that is alleged to have been committed, or was committed, before the person's surrender to the first-mentioned country, other than an offence in respect of which the Minister consents to the person being so detained and surrendered.
6: For the purposes of determining under this section whether the person is to be surrendered, the Minister may seek any undertakings from the extradition country that the Minister thinks fit. Fugitive Offenders Act 1881 s 29A(3), (4) (Imp) 1965 No 44 ss 5(1)﻿(c), (2), 5A Extradition Act 1988 s 22(3), (4) (Aust) Section 30(2)﻿(ab) inserted 19 December 2002 section 9 Extradition Amendment Act (No 2) 2002
31: Surrender order
1: If the Minister determines under section 30 section 32(2)﻿(b)
2: The Minister must not make a surrender order in respect of a person—
a: until the expiration of 15 days after the date of the issue of the warrant of detention of that person under section 26
b: if an appeal, or an application for review or habeas corpus, in respect of a determination under this Act, or any appeal from such an appeal or application, is pending, until after the date that the proceedings are finally determined and the result is that the person is eligible to be surrendered,— whichever is the later.
3: Nothing in subsection (2) applies to—
a: a person in respect of whom an order is made under section 28(2)
b: a person who has given notice to the Minister after the court ordered the detention of the person under section 26
c: a person who in accordance with section 71
i: the right to make an application for a writ of habeas corpus within 15 days after the date of the issue of the warrant; and
ii: the right, in relation to every offence for which the court has determined that the person is eligible to be surrendered, to lodge an appeal under Part 8
d: a person who the court has determined is eligible for surrender for 2 or more offences and who in accordance with section 71
i: the right to make an application for habeas corpus within 15 days after the date of the issue of the warrant; and
ii: the right, in relation to only 1 or some of those offences, to lodge an appeal under Part 8 if the extradition country withdraws its request for the surrender of the person for the offence or offences to which the waiver does not relate.
4: If the Minister makes a surrender order in respect of a person described in any of paragraphs (a) to (e) of section 2(4)
32: Further provisions relating to surrender order
1: Subsection (2) applies if—
a: the extradition offence for which the person's surrender is requested is an offence of which the person has been convicted in the extradition country; and
b: the Minister has determined under section 30 but the person is liable to be detained in a prison
2: If this subsection applies, the Minister may—
a: make an order for the surrender of the person that is to come into effect when the person ceases to be liable to be detained; or
b: decline to make a surrender order.
3: Subsection (4) applies if—
a: the Minister has determined under section 30
b: in the Minister's opinion, compelling or extraordinary circumstances of the person including, without limitation, those relating to the age or health of the person, exist that would make it unjust or oppressive to surrender the person before the expiration of a particular period.
4: If this subsection applies, the Minister may make an order for the surrender of the person that is to come into effect after the expiration of a period specified in the order.
5: The Minister may, at any time after making an order under subsection (4), vary any period specified in the order, or may cancel the order. 1965 No 44 s 11(1) Extradition Act 1988 s 23 (Aust) Section 32(1) amended 1 June 2005 section 206 Corrections Act 2004
33: Temporary surrender to extradition country
1: Subsection (2) applies if—
a: the offence for which the person's surrender is requested is an offence of which the person is accused; and
b: the Minister has determined under section 30 but the person is liable to be detained in a prison
2: If this subsection applies, the Minister may make a temporary surrender order in respect of the person if the Minister is satisfied that—
a: it is in the interests of justice that an order be made under this section; and
b: the extradition country has given satisfactory undertakings relating to—
i: there taking place a trial of the person in the extradition country for any extradition offence of which the person is accused and in respect of which the person's surrender is requested; and
ii: the return of the person to New Zealand; and
iii: the custody of the person while travelling to and from and while in the extradition country; and
iv: other matters (if any) that the Minister thinks appropriate.
3: If a person who is subject to a sentence of imprisonment is released from a New Zealand prison
4: If, while a person is in the extradition country under the temporary surrender order, the person ceases to be liable to be detained in New Zealand, the Minister must inform the extradition country that the undertakings referred to in subsection (2)﻿(b) are no longer required to be complied with. 1992 No 86 s 41 Extradition Act 1988 s 24(1), (4) (Aust) Section 33(1) amended 1 June 2005 section 206 Corrections Act 2004 Section 33(3) amended 1 June 2005 section 206 Corrections Act 2004
34: Request for return after temporary surrender
1: If—
a: a person is surrendered to an extradition country under a temporary surrender order; and
b: the person is returned to New Zealand in accordance with the undertakings referred to in section 33(2)﻿(b)﻿(ii)
c: the extradition country makes a request at any time before the person has ceased to be liable to be detained in a prison the Minister may, subject to subsection (2), make a surrender order in relation to the person.
2: Before making an order under subsection (1), the Minister must determine in accordance with the grounds set out in subsections (2) to (6) of section 30
3: If a surrender order is made under this section, the order takes effect in accordance with section 67 prison Extradition Act 1988 s 25 (Aust) Section 34(1)﻿(c) amended 1 June 2005 section 206 Corrections Act 2004 Section 34(3) amended 1 June 2005 section 206 Corrections Act 2004 Discharge of person
35: Discharge of person if Minister declines to order surrender
If the Minister determines under section 30 section 32(2)﻿(b) section 33 Extradition Act 1988 s 22(5) (Aust)
36: Discharge of person if not surrendered within 2 months
1: This section applies if a person is not surrendered and conveyed out of New Zealand under a surrender order or a temporary surrender order made under this Part within 2 months—
a: after the date of the issue of the warrant for the detention of the person under section 26 section 28(2)
b: if an appeal, or an application for review or habeas corpus, in respect of a determination under this Act, or any appeal from such an appeal or application, is pending, after the date that the proceedings are finally determined; or
c: if a surrender order is made under section 32(2)﻿(a) section 32(4)
2: If this section applies, the person may apply to a Judge of the High Court to be discharged.
3: If an application to be discharged is made under subsection (2), the Judge may, on proof that reasonable notice of the intention to make the application has been given to the Minister, unless sufficient cause is shown against the discharge,—
a: discharge the surrender order or temporary surrender order, as the case may be; and
b: order the discharge of the person from the place where the person is detained, if the person is not liable to be detained under any other order for detention.
4: Despite subsection (1), no order may be made under this section for the discharge of a person if—
a: it appears to the court that another request has been made under this Act for the surrender of the person, that request having been received—
i: on or before the date on which the warrant referred to in subsection (1)﻿(a) was issued; or
ii: if an appeal or application referred to in subsection (1)﻿(b) was made, on or before the date that the proceedings were finally determined; and
b: a final decision on the surrender of the person in relation to that request has not been made.
5: For the purposes of subsection (4), request Part 4 1965 No 44 s 12 Section 36(4) added 19 December 2002 section 10 Extradition Amendment Act (No 2) 2002 Section 36(5) added 19 December 2002 section 10 Extradition Amendment Act (No 2) 2002
37: Discharge of person if not resurrendered
1: If a person has been surrendered under a temporary surrender order made under section 33 section 36 section 34
2: Subsection (3) applies if an order is made under section 34
3: If this subsection applies, the person may apply to a Judge of the High Court to be discharged.
4: If an application to be discharged is made under subsection (3), the Judge may, on proof that reasonable notice of the intention to make the application has been given to the Minister, unless sufficient cause is shown against the discharge,—
a: discharge the surrender order; and
b: order the discharge of the person from the place where the person is detained, if the person is not liable to be detained under any other order for detention. Discharge of person does not preclude further proceedings
38: Discharge of person under this Part does not preclude further proceedings
To avoid doubt, the discharge of a person under any provision of this Part or under any enactment repealed by this Act does not of itself preclude further proceedings under this Act, whether or not they are based on the same conduct, to extradite the person under this Act.
4: Extradition from New Zealand to Australia and designated countries
Application of this Part
39: Application of this Part
This Part applies to—
a: Australia; and
b: any designated country. Designated countries
40: Designated countries
1: The Governor-General may from time to time, by Order in Council, made on the recommendation of the Minister, declare that any Commonwealth or non-Commonwealth country specified in the order is a designated country and apply this Part to that country subject to such limitations, conditions, exceptions, or qualifications as may be specified in the order.
2: If, after the commencement of this Act, an extradition treaty is concluded
3: The Minister must not recommend the making of an Order in Council under subsection (1) or subsection (2) unless the Minister is satisfied that—
a: the circumstances in which a person may be arrested in the country in relation to—
i: an alleged offence against the law of that country; or
ii: an offence against the law of that country of which the person has been convicted— (being an offence for which the maximum penalty is imprisonment for not less than 12 months or any more severe penalty) are similar in effect to the circumstances in which such a person could be arrested in New Zealand if the alleged offence occurred within the jurisdiction of New Zealand or the person had been convicted in New Zealand; and
b: a person who is accused or convicted of an offence in New Zealand that is an extradition offence in relation to New Zealand and the other country may, if found in that country or within the jurisdiction of that country, be returned to New Zealand; and
c: if a person accused or convicted of an extradition offence in the country is surrendered by New Zealand, that person cannot be detained or tried in that country for any offence committed, or alleged to have been committed, before the person's surrender, other than the offence to which the request for the person's surrender relates or any offence carrying the same or a lesser maximum penalty of which the person could be convicted upon proof of the facts upon which that request was based, unless—
i: the person has left, or has had an opportunity of leaving, that country; or
ii: the Minister consents to the person being tried or detained for any other specified offence; and
d: if a person accused or convicted of an offence in the country (in this subsection the designated country
i: the person has left, or has had an opportunity of leaving, the designated country; or
ii: the Minister consents to the person's detention in the designated country and the person's surrender to any other specified country in respect of any specified offence.
4: Subsection (3) does not limit the Minister's discretion to consider any other matters that the Minister thinks fit in relation to recommending or not recommending the making of an Order in Council under subsection (1) or subsection (2).
5: An Order in Council made under subsection (1) or subsection (2) may provide that if a person whose surrender is sought is a New Zealand citizen a court must not refer the proceedings to the Minister under section 48(1)﻿(a)
6: If an extradition treaty is in force between New Zealand and the country,—
a: the Order in Council made under subsection (2) must recite the terms of the treaty; and
b: the Order in Council ceases to have effect when the treaty ceases to be in force.
7: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 40(2) amended 18 June 2002 section 4 Extradition Amendment Act 2002 Section 40(7) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Extradition proceedings
41: Endorsement of warrant issued in extradition country
1: If a warrant for the arrest of a person issued in an extradition country by a court or a Judge or other person having lawful authority under the law of the extradition country
a: the person is, or is suspected of being, in New Zealand or on his or her way to New Zealand; and
b: there are reasonable grounds to believe that—
i: the person is an extraditable person in relation to the extradition country; and
ii: the offence for which the arrest of the person is sought is an extradition offence,— the Judge may endorse the warrant in the prescribed form to authorise its execution in New Zealand.
2: A warrant endorsed under subsection (1) is sufficient authority for any constable Fugitive Offenders Act 1881 s 13 (Imp) Extradition Act 1988 s 28 (Aust) Section 41(1) amended 19 December 2002 section 11 Extradition Amendment Act (No 2) 2002 Section 41(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
42: Issue in New Zealand of provisional arrest warrant
1: A District Court Judge may issue a provisional warrant in the prescribed form for the arrest of a person if the Judge is satisfied on the basis of the information presented to him or her that—
a: a warrant for the arrest of a person has been issued in an extradition country by a court or a Judge or other person having lawful authority under the law of the extradition country
b: the person is, or is suspected of being, in New Zealand or on his or her way to New Zealand; and
c: there are reasonable grounds to believe that the person is an extraditable person in relation to the extradition country and the offence for which the person is sought is an extradition offence; and
d: it is necessary or desirable for an arrest warrant to be issued urgently.
2: A warrant may be issued under subsection (1) even though—
a: a warrant authorising the arrest of the person has not been produced to the Judge for endorsement under section 41
b: such a warrant has been produced, but the Judge requires further information or evidence before endorsing it under section 41 Fugitive Offenders Act 1881 s 16 (Imp) Extradition Act 1988 s 29 (Aust) Section 42(1)﻿(a) amended 19 December 2002 section 12 Extradition Amendment Act (No 2) 2002
43: Powers of court
1: In proceedings under this Part, except as expressly provided in this Act or in regulations made under section 102
a: the court has the same jurisdiction and powers under the Criminal Procedure Act 2011
b: the following provisions apply to the proceedings, so far as applicable and with the necessary modifications:
i: sections 14 35 157 to 175 subpart 3 sections 365 379 Criminal Procedure Act 2011
ii: Parts 1 sections 9 to 12 2 3
iii: sections 38 to 44
2: The District Court
3: Despite section 168 section 27(2)
4: Sections 167 to 169 sections 28 30 to 33 35 37 to 39 41 to 43 52 sections 46 53 54 Fugitive Offenders Act 1881 s 5 (Imp) Section 43 replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 43(2) amended 1 March 2017 section 261 District Court Act 2016 Section 43(4) amended 14 November 2018 section 100 Courts Matters Act 2018
44: Procedure following arrest
1: A person arrested on a warrant endorsed under section 41
2: The person—
a: is not bailable as of right; and
b: may not go at large without bail.
3: If the court remands the person on bail, the court may impose any conditions of bail that the court thinks fit in addition to any conditions that the court may impose under section 30(1), (2), and (4)
4: If a person has been arrested on a provisional arrest warrant and no warrant issued in the extradition country has been endorsed under section 41
a: pending the endorsement of a warrant under section 41
b: the court may, and must if a reasonable time has elapsed for the endorsement of the warrant, order that the person be discharged. Fugitive Offenders Act 1881 s 16 (Imp) Extradition Act 1988 ss 32, 33 (Aust) Section 44(3) substituted 1 January 2001 section 74(2) Bail Act 2000 Section 44(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
45: Determination of eligibility for surrender
1: Subject to section 44(4)
2: Subject to subsections (3) and (4), the person is eligible for surrender if—
a: a warrant for the arrest of the person described in section 41(1)
b: the court is satisfied that—
i: the person is an extraditable person in relation to the extradition country; and
ii: the offence is an extradition offence in relation to the extradition country.
3: The person is not eligible for surrender if the person satisfies the court—
a: that a mandatory restriction on the surrender of the person applies under section 7
b: that the person's surrender would not be in accordance with the provisions of the treaty (if any) between New Zealand and the extradition country.
4: The court may determine that the person is not eligible for surrender if the person satisfies the court that a discretionary restriction on the surrender of the person applies under section 8
5: In the proceedings under this section,—
a: the person to whom the proceedings relate is not entitled to adduce, and the court is not entitled to receive, evidence to contradict an allegation that the person has engaged in conduct that constitutes the offence for which surrender is sought; and
b: nothing in this section requires evidence to be produced or given at the hearing to establish the matters described in subparagraphs (i) and (ii) of section 24(2)﻿(d)
6: Without limiting the circumstances in which the court may adjourn a hearing, if—
a: a document or documents containing a deficiency or deficiencies of relevance to the proceedings are produced; and
b: the court considers the deficiency or deficiencies to be of a minor nature,— the court may adjourn the hearing for such period as it considers reasonable to allow the deficiency or deficiencies to be remedied. Extradition Act 1988 s 34(4) (Aust)
46: Procedure following court's determination of whether person eligible for surrender
1: If the court is satisfied that the person is eligible for surrender, the court must—
a: issue a warrant for the detention of the person in a prison section 52 section 169
b: inform the person that,—
i: subject to section 71
ii: during that time the person has the right to make an application for a writ of habeas corpus; and
iii: the person has the right to lodge an appeal under Part 8
2: If the court issues a warrant under subsection (1), the court may grant bail to the person.
3: If the court grants bail to the person, the court may impose any conditions of bail that the court thinks fit in addition to any conditions that the court may impose under section 30(1), (2), and (4)
4: If the court is not satisfied that the person is eligible for surrender, it must discharge the person, unless under section 70(1) Part 8 Section 46(1)﻿(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 46(1)﻿(a) amended 1 June 2005 section 206 Corrections Act 2004 Section 46(3) substituted 1 January 2001 section 74(2) Bail Act 2000 Section 46(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
47: Court must make surrender order immediately if case not referred to Minister
1: If the court does not refer the person's case to the Minister under section 48(1) section 46(1)﻿(a)
2: A surrender order made under subsection (1) does not take effect—
a: until the expiration of 15 days after the date of the issue of the warrant of detention; or
b: if an appeal, or an application for review or habeas corpus, in respect of a determination under this Act, or any appeal from such an appeal or application, is pending, until after the date that the proceedings are finally determined and the result is that the person is eligible to be surrendered,— whichever is the later.
3: Nothing in subsection (2) applies to—
a: a person in respect of whom the court makes an order under section 53(2)﻿(a)
b: a person who in accordance with section 71
i: the right to make an application for a writ of habeas corpus within 15 days after the date of the issue of the warrant; and
ii: the right, in relation to every offence for which the court has determined the person is eligible to be surrendered, to lodge an appeal under Part 8
c: a person who the court has determined is eligible for surrender for 2 or more offences and who in accordance with section 71
i: the right to make an application for habeas corpus within 15 days after the date of the issue of the warrant; and
ii: the right, in relation to only 1 or some of those offences, to lodge an appeal under Part 8 if the extradition country ceases to seek the surrender of the person for the offence or offences to which the waiver does not relate.
4: If the court makes a surrender order in respect of a person described in any of paragraphs (a) to (e) of section 2(4)
48: Referral of case to Minister in certain circumstances
1: If the court is satisfied that the grounds for making a surrender order otherwise exist but—
a: the person is a New Zealand citizen; or
b: it appears to the court that—
i: there are substantial grounds for believing that the person would be in danger of being subjected to an act of torture in the extradition country; or
ii: the person has been sentenced to death or may be sentenced to death by the appropriate authority in the extradition country; or
c: in the case of a person whose surrender is sought for an extradition offence of which the person has been convicted, the person is liable to be detained in a prison ; or
d: it appears to the court that another request has been made under this Act for the surrender of the person, and a final decision on the surrender of the person in relation to that request has not been made,— the court must refer the case to the Minister in accordance with subsection (5).
1A: For the purposes of subsection (1)﻿(d), request
2: Subsection (1)﻿(a) applies even if the person is a citizen of both New Zealand and the extradition country.
3: The court is not required to refer the case to the Minister under subsection (1)﻿(a) if—
a: Australia is the extradition country; or
b: the extradition country is a designated country and the relevant Order in Council under section 40 section 40(5)
4: If—
a: it appears to the court in any proceedings under section 45
i: any of the restrictions on the surrender of the person under section 7 section 8
ii: because of compelling or extraordinary circumstances of the person, including, without limitation, those relating to the age or health of the person, it would be unjust or oppressive to surrender the person before the expiration of a particular period; but
b: in every other respect the court is satisfied that the grounds for making a surrender order exist,— the court may refer the case to the Minister in accordance with subsection (5).
5: If the court refers the case to the Minister under subsection (1) or subsection (4), the court must send to the Minister a copy of the warrant of detention together with a copy of all other documents before the court in the case, and such report on the case as the court thinks fit. Section 48(1)﻿(c) amended 1 June 2005 section 206 Corrections Act 2004 Section 48(1)﻿(c) amended 19 December 2002 section 14(1) Extradition Amendment Act (No 2) 2002 Section 48(1)﻿(d) inserted 19 December 2002 section 14(2) Extradition Amendment Act (No 2) 2002 Section 48(1A) inserted 19 December 2002 section 14(3) Extradition Amendment Act (No 2) 2002
49: Minister must determine if person to be surrendered if case referred
1: If a case is referred to the Minister under section 48(1)﻿(a) or (b) section 53 subsections (2) to (4) of section 30 section 26
2: For the purposes of determining under this section whether the person is to be surrendered, the Minister may seek any undertakings from the extradition country that the Minister thinks fit.
50: Surrender order
1: If the Minister determines under section 49 section 51(2)﻿(b)
2: The Minister must not make a surrender order in respect of a person whose case has been referred to the Minister under section 48
a: until the expiration of 15 days after the date of the issue of the warrant of detention of that person under section 46(1)﻿(a)
b: if an appeal, or an application for review or habeas corpus, in respect of a determination under this Act, or any appeal from such an appeal or application, is pending, until after the date that the proceedings are finally determined and the result is that the person is eligible to be surrendered,— whichever is the later.
3: Nothing in subsection (2) applies to—
a: a person in respect of whom the court makes an order under section 53(2)﻿(b)
b: a person who has given notice to the Minister after the court ordered the detention of the person under section 46
c: a person who in accordance with section 71
i: the right to make an application for a writ of habeas corpus within 15 days after the date of the issue of the warrant; and
ii: the right, in relation to every offence for which the court has determined the person is eligible to be surrendered, to lodge an appeal under Part 8
d: a person who the court has determined is eligible for surrender for 2 or more offences and who in accordance with section 71
i: the right to make an application for habeas corpus within 15 days after the date of the issue of the warrant; and
ii: the right, in relation to only 1 or some of those offences, to lodge an appeal under Part 8 if the extradition country ceases to seek the surrender of the person for the offence or offences to which the waiver does not relate.
4: If the Minister makes a surrender order in respect of a person described in any of paragraphs (a) to (e) of section 2(4)
51: Further provisions relating to surrender order
1: Subsection (2) applies if the extradition offence for which the person's surrender is requested is an offence of which the person has been convicted in the extradition country, but the person is liable to be detained in a prison
2: If this subsection applies, the Minister may—
a: make an order for the surrender of the person that is to come into effect when the person ceases to be liable to be detained; or
b: decline to make a surrender order.
3: Subsection (4) applies if—
a: the Minister has determined under section 49
b: in the Minister's opinion, compelling or extraordinary circumstances of the person including, without limitation, those relating to the age or health of the person, exist that would make it unjust or oppressive to surrender the person before the expiration of a particular period.
4: If this subsection applies, the Minister may make an order for the surrender of the person that is to come into effect after the expiration of a period specified in the order.
5: The Minister may, at any time after making an order under subsection (4), vary the period specified in the order, or may cancel the order. Section 51(1) amended 1 June 2005 section 206 Corrections Act 2004
52: Detention in place other than
prison If the court orders the detention of the person at any time under this Part, but is of the opinion that, because of the circumstances of the case, it would be dangerous to the life or pose a significant risk to the health of the person to detain the person in a prison
a: at the place where the person is for the time being; or
b: at any other place to which the court considers that the person can be removed without danger to the person's life or risk to the person's health— until such time as the person can, without such danger or risk, be detained in a prison Section 52 heading amended 1 June 2005 section 206 Corrections Act 2004 Section 52 amended 1 June 2005 section 206 Corrections Act 2004 Surrender by consent
53: Surrender by consent
1: A person may at any time notify the court that he or she consents to being surrendered to the extradition country for the extradition offence or extradition offences for which surrender is sought.
2: If the person notifies the court of his or her consent to surrender under subsection (1), then, despite section 45
a: make a surrender order in respect of the person; or
b: if the court is required to refer the case to the Minister under section 48(1)
i: issue a warrant for the detention of the person in a prison section 52 section 169
ii: record in writing the offence or offences in respect of which the person has consented to surrender; and
iii: send to the Minister a copy of the warrant of detention and the record made under subparagraph (ii), together with a copy of the warrant and all other documents before the court in the case, and such report on the case as the court thinks fit.
3: The court must not take the action in subsection (2) unless—
a: the person was before the court when he or she consented to surrender for the offence or offences; and
b: the person has been legally represented in the proceedings; and
c: the court is satisfied that the person has freely consented to the surrender for the offence or offences in full knowledge of its consequences.
4: Nothing in subsections (1) to (3) prevents a person whose case is referred to the Minister under section 48(1) section 46
5: If the court issues a warrant for the detention of a person under subsection (2)﻿(b)﻿(i), then subsections (2) and (3) of section 46 Extradition Act 1988 s 33A (Aust) Section 53(2)﻿(b)﻿(i) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 53(2)﻿(b)﻿(i) amended 1 June 2005 section 206 Corrections Act 2004 Temporary surrender
54: Temporary surrender to extradition country
1: Subsection (2) applies if—
a: the offence for which the person's surrender is sought is an offence of which the person is accused; and
b: a court is satisfied that the person is eligible for surrender in relation to the offence or offences for which extradition is sought— but the person is liable to be detained in a prison
2: If this subsection applies, the court must—
a: issue a warrant for the detention of the person in a prison section 52 section 169
b: record in writing the extradition offence or extradition offences in relation to which the court has determined that the person is eligible for surrender; and
c: send to the Minister a copy of the warrant of detention and the record made under paragraph (b), together with a copy of all other documents before the court in the case, and such report of the case as the court thinks fit,— and subsections (4), (5), (6), and (7) apply.
3: If,—
a: in a case referred to the Minister under section 48 section 49
b: the offence for which the person's surrender is sought is an offence of which the person is accused— but the person is liable to be detained in a prison
4: The Minister may make a temporary surrender order in respect of the person if—
a: the Minister is satisfied that it is in the interests of justice that an order be made under this section; and
b: the Minister is satisfied that the extradition country has given satisfactory undertakings relating to—
i: there taking place a trial of the person in the extradition country for any extradition offence of which the person is accused and in respect of which the person's surrender is sought; and
ii: the return of the person to New Zealand; and
iii: the custody of the person while travelling to and from and while in the extradition country; and
iv: other matters (if any) that the Minister thinks appropriate; and
c: in a case to which subsection (2) applies, the Minister determines in accordance with the grounds set out in subsections (2) to (4) of section 30
5: For the purposes of making a determination under subsection (4)﻿(c), the Minister may seek any undertakings from the extradition country that the Minister thinks fit.
6: If a person who is subject to a sentence of imprisonment is released from a New Zealand prison
7: If, while a person is in the extradition country under the temporary surrender order, the person ceases to be liable to be detained in New Zealand, the Minister must inform the extradition country that the undertakings referred to in subsection (4)﻿(b) are no longer required to be complied with. 1992 No 86 s 41 Extradition Act 1988 s 36(1), (5) (Aust) Section 54(1) amended 1 June 2005 section 206 Corrections Act 2004 Section 54(2)﻿(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 54(2)﻿(a) amended 1 June 2005 section 206 Corrections Act 2004 Section 54(3) amended 1 June 2005 section 206 Corrections Act 2004 Section 54(6) amended 1 June 2005 section 206 Corrections Act 2004
55: Request for return after temporary surrender
1: If—
a: a person is surrendered to an extradition country under a temporary surrender order; and
b: the person is returned to New Zealand in accordance with the undertakings referred to in section 54(4)﻿(b)﻿(ii)
c: the extradition country makes a request at any time before the person has ceased to be liable to be detained in a prison the Minister may, subject to subsection (2), make a surrender order in relation to the person.
2: Before making an order under subsection (1), the Minister must determine in accordance with the grounds set out in subsections (2) to (4) of section 30
3: For the purposes of making a determination under subsection (2), the Minister may seek any undertakings from the extradition country that the Minister thinks fit.
4: If a surrender order is made under this section, the order takes effect in accordance with section 67 prison Extradition Act 1988 s 37 (Aust) Section 55(1)﻿(c) amended 1 June 2005 section 206 Corrections Act 2004 Section 55(4) amended 1 June 2005 section 206 Corrections Act 2004 Discharge of person
56: Discharge of person if Minister declines to order surrender
If the Minister determines under section 49 section 51(2)﻿(b) section 54
57: Discharge of person if not surrendered within 2 months
1: This section applies if a person is not surrendered and conveyed out of New Zealand under a surrender order or a temporary surrender order made under this Part within 2 months—
a: after the date of the issue of the warrant under section 46(1)﻿(a) section 53(2)﻿(b)﻿(i)
b: if an appeal, or an application for review or habeas corpus, in respect of a determination under this Act, or any appeal from such an appeal or application, is pending, after the date that the proceedings are finally determined; or
c: if a surrender order is made under section 51(2)﻿(a)
2: If this section applies, the person may apply to a Judge of the High Court to be discharged.
3: If an application to be discharged is made under subsection (2), the Judge may, on proof that reasonable notice of the intention to make the application has been given to the Minister, unless sufficient cause is shown against the discharge,—
a: discharge the surrender order or temporary surrender order, as the case may be; and
b: order the discharge of the person from the place where the person is detained, if the person is not liable to be detained under any other order for detention.
4: Despite subsection (1), no order may be made under this section for the discharge of a person if the case has been referred to the Minister under section 48
a: it appears to the court that another request has been made under this Act for the surrender of the person, that request having been received—
i: on or before the date on which the warrant referred to in subsection (1)﻿(a) was issued; or
ii: if an appeal or application referred to in subsection (1)﻿(b) was made, on or before the date that the proceedings were finally determined; and
b: a final decision on the surrender of the person in relation to that request has not been made.
5: For the purposes of subsection (4), request Section 57(4) added 19 December 2002 section 15 Extradition Amendment Act (No 2) 2002 Section 57(5) added 19 December 2002 section 15 Extradition Amendment Act (No 2) 2002
58: Discharge of person if person not resurrendered
1: If a person has been surrendered under a temporary surrender order made under section 54 section 57 section 55
2: Subsection (3) applies if an order is made under section 55
3: If this subsection applies, the person may apply to a Judge of the High Court to be discharged.
4: If an application to be discharged is made under subsection (3), the Judge may, on proof that reasonable notice of the intention to make the application has been given to the Minister, unless sufficient cause is shown against the discharge,—
a: discharge the surrender order; and
b: order the discharge of the person from the place where the person is detained, if the person is not liable to be detained under any other order for detention. Discharge of person does not preclude further proceedings
59: Discharge of person under this Part does not preclude further proceedings
To avoid doubt, the discharge of a person under any provision of this Part or under any enactment repealed by this Act does not of itself preclude further proceedings under this Act, whether or not they are based on the same conduct, to extradite the person under this Act.
5: Extension of Act for individual requests
60: Extension of Act for individual requests
1: This section applies to a request from a non-Commonwealth country for the surrender of a person who is accused or convicted of an offence committed within the jurisdiction of that country if—
a: either—
i: no extradition treaty is in force between New Zealand and that country; or
ii: if there is a treaty in force between New Zealand and that country, the offence concerned is not an extradition offence under the treaty; and
b: Part 3 section 16
c: Part 4 section 40(1)
d: the person is, or is suspected of being, in New Zealand or on his or her way to New Zealand; and
e: the offence is an offence punishable under the law of that country for which the maximum penalty is imprisonment for not less than 12 months or any more severe penalty; and
f: if the conduct constituting the offence in relation to that country, or equivalent conduct, had occurred within the jurisdiction of New Zealand at the time when it occurred within the jurisdiction of that country, it would, if proved, have constituted an offence punishable under the law of New Zealand for which the maximum penalty is imprisonment for not less than 12 months or any more severe penalty.
2: A request to which this section applies must be made to the Minister and must be accompanied by the duly authenticated supporting documents described in section 18
3: Subject to subsection (4), the Minister must consider the following matters in order to decide whether the request should be dealt with under this Act:
a: any undertakings given by the country making the request that a person who is accused or convicted of an offence in New Zealand that is an extradition offence in relation to New Zealand and the other country may, if found in that country or within the jurisdiction of that country, be returned to New Zealand; and
b: the seriousness of the offence; and
c: the object of this Act as specified in section 12
d: any other matters that the Minister considers relevant.
4: If a request to which this section applies is made—
a: by a country that is a party to a multilateral treaty; and
b: in respect of an offence that is a multilateral treaty offence in relation to that multilateral treaty,— the Minister is not required to consider the matters set out in paragraphs (a) to (c) of subsection (3).
5: For the purposes of subsection (4),— multilateral treaty multilateral treaty offence
6: If the Minister decides that the request should be dealt with under this Act, the person who is the subject of the request is liable to be arrested and surrendered in the manner provided by Part 3 section 18
7: Without limiting subsection (6), a provisional arrest warrant in relation to a person who is, or is suspected of being, in New Zealand or on his or her way to New Zealand may be issued in accordance with Part 3 Section 60(7) substituted 19 December 2002 section 16 Extradition Amendment Act (No 2) 2002
6: Extradition to New Zealand
61: Request for surrender of person to New Zealand
1: If a person who is accused or has been convicted of an extradition offence against the law of New Zealand is suspected of being in another country or on his or her way to another country, a request to that country by New Zealand for the surrender of the person may, subject to subsection (3), be made only by or with the authority of,—
a: in the case of a request to an extradition country to which Part 3
b: in the case of a request to an extradition country to which Part 4
c: if the law of the extradition country to which the request is to be made has the effect of requiring a request to be authorised by a particular person, that person.
2: The request under subsection (1) may be made—
a: directly to the competent authorities in that country; or
b: through the Minister of Foreign Affairs and Trade to a diplomatic or consular representative, or a Minister, of that country.
3: Nothing in subsection (1) or subsection (2) prevents—
a: a treaty or arrangement that is made with a country from prescribing a procedure for making requests that is different or supplementary to the procedure set out in subsections (1) and (2); or
b: a request being made in a manner permitted by the law of the other country if no different or supplementary procedure described in paragraph (a) applies.
4: If subsection (3)﻿(a) applies, the different or supplementary procedure must be used. 1965 No 44 s 13
62: Request for information about time spent in custody overseas
1: If a request is made for the surrender of a person to New Zealand, the Minister or other authorised person may, at the time of making the request or at any later time, ask the competent authority in the country to which the request is or was made to provide, at the time of the surrender of the person or as soon as possible after that, a duly authenticated certificate recording—
a: the date on which the person was admitted to a prison
b: the total period during which the person was detained in custody during the process leading to the surrender of the person to New Zealand in relation to the offence or offences.
2: A certificate obtained under subsection (1) is presumed to be accurate in the absence of any evidence to the contrary.
3: If—
a: no certificate is received within a reasonable time after the person is surrendered; and
b: the Minister is satisfied from the information that the Minister has in relation to the person surrendered that an accurate calculation can be made of the date and time period referred to in paragraphs (a) and (b) of subsection (1),— the Minister may issue a certificate setting out that date and time period.
4: For the purposes of section 91(3)
5: If, after the Minister has given a certificate under subsection (3),—
a: a certificate requested under subsection (1) is obtained from the extradition country; and
b: the date and time period specified in that certificate is different from that specified in the Minister's certificate,— then, unless the Minister otherwise directs, the certificate from the extradition country is a substitute certificate for the purpose of section 91(3) Section 62(1)﻿(a) amended 1 June 2005 section 206 Corrections Act 2004 Section 62(4) amended 30 June 2002 section 125 Parole Act 2002 Section 62(5) amended 30 June 2002 section 125 Parole Act 2002
63: Surrendered person to be brought into New Zealand
If a person is surrendered to New Zealand in relation to an extradition offence against the law of New Zealand of which the person is accused or for which the person has been convicted (whether or not pursuant to a request under section 61 Extradition Act 1988 s 41 (Aust)
64: Surrendered person not to be tried for previous offence in certain circumstances
1: If a person accused or convicted of an extradition offence in New Zealand is surrendered by an extradition country, that person cannot be detained or tried in New Zealand for any offence committed, or alleged to have been committed, before the person's surrender, other than the offence to which the request for the person's surrender relates or any offence carrying the same or a lesser maximum penalty of which the person could be convicted upon proof of the facts upon which that request was based, unless—
a: the person has left, or has had an opportunity of leaving, New Zealand or, in a case where the person was surrendered to New Zealand for a limited period, has been returned to the country; or
b: the competent authority in the extradition country that surrendered the person consents to the person being tried or detained for any other specified offence.
2: If a person accused or convicted of an offence in New Zealand is surrendered by an extradition country (in this subsection referred to as the surrendering country
a: the person has left, or has had an opportunity of leaving, New Zealand or, in a case where the person was surrendered to New Zealand for a limited period, has been returned to the country; or
b: the competent authority in the surrendering country consents to the person's detention in New Zealand and the person's surrender to any other specified country in respect of any specified offence. 1965 No 44 s 14 Extradition Act 1988 s 42 (Aust)
65: Return of surrendered person if proceedings not commenced within 6 months
If—
a: a person accused or convicted of an extradition offence in New Zealand is surrendered by an extradition country; and
b: proceedings against the person for the offence in respect of which the person was surrendered are not begun within 6 months after the date of the person's arrival in New Zealand on being surrendered— the Minister may make a removal order under section 96 Fugitive Offenders Act 1881 s 18 (Imp) 1992 No 86 s 15(4)
66: Person temporarily surrendered to New Zealand
1: If a person is temporarily surrendered by a country to New Zealand subject to a condition, or pursuant to an undertaking given by the Minister, that the person will be kept in custody while the person is in New Zealand, then—
a: the person must while in New Zealand be kept in such custody as the Minister directs in writing; and
b: a direction given under paragraph (a) is sufficient authority for the detention of the person in accordance with the terms of the direction; and
c: if a person is directed to be detained in a prison Corrections Act 2004
2: If a person is temporarily surrendered by a country to New Zealand subject to a condition, or pursuant to an undertaking given by the Minister, that the person will be returned to the country, the Minister must arrange for the person to be returned at a time in accordance with the condition or undertaking.
3: If the person is being held in custody for the purpose of subsection (1) or subsection (2), and the country from which the person was surrendered requests the release of the person from custody, the Minister must order that the person be released from custody unless the person is otherwise liable to be held in custody. 1992 No 86 s 15(1)–(3) Extradition Act 1988 s 44 (Aust) Section 66(1)﻿(c) amended 1 June 2005 section 206 Corrections Act 2004
7: Procedure relating to surrender orders
67: Form and execution of surrender order or temporary surrender order
A surrender order or a temporary surrender order must be in the prescribed form (if any) and must—
a: specify all the offences in relation to which the person is being surrendered; and
b: either—
i: require the person in whose custody the person to be surrendered is being held (if the person is being held in custody) to release the person to be surrendered into the custody of a constable section 3(1)
ii: if the person to be surrendered is on bail, authorise any constable
c: authorise the constable
d: authorise the duly authorised person referred to in paragraph (c) to take the person to be surrendered into custody and transport the person out of New Zealand as soon as practicable to the extradition country, to be dealt with there according to law. Extradition Act 1988 s 26(1) (Aust) Section 67(b)﻿(i) amended 1 October 2008 section 116(a)﻿(iv) Policing Act 2008 Section 67(b)﻿(i) amended 1 June 2005 section 206 Corrections Act 2004 Section 67(b)﻿(ii) amended 1 October 2008 section 116(a)﻿(iv) Policing Act 2008 Section 67(c) amended 1 October 2008 section 116(a)﻿(iv) Policing Act 2008
8: Appeals against determinations in respect of eligibility for surrender
68: Appeal on question of law only
1: This section applies if the District Court section 24 45
2: If this section applies, the party may appeal against the determination to the High Court on a question of law only.
3: To lodge an appeal the party must, within 15 days after the determination, file in the office of the court to which the appeal is being taken a notice of appeal in the prescribed form. Section 68 replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 68(1) amended 1 March 2017 section 261 District Court Act 2016
69: Application to appeal of Bail Act 2000 and Criminal Procedure Act 2011
1: Section 59 subpart 8 Criminal Procedure Act 2011 the District Court
2: Subpart 8 Criminal Procedure Act 2011 Section 69 replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 69(1) amended 1 March 2017 section 261 District Court Act 2016
70: Custody pending determination of appeal
1: If—
a: the District Court section 24 section 45
b: immediately after the court makes the determination, either party informs the court that the party intends to appeal against the determination,— the court may order that the person who is the subject of the determination continue to be detained or, as the case may be, issue a warrant for the arrest and detention of the person, pending the determination of the appeal.
2: If—
a: the District Court section 24 section 45
b: either party files a notice of appeal against the determination,— the District Court
3: If a person is detained under an order made under this section or arrested and detained under a warrant issued under this section,—
a: if the proceedings are under Part 3 sections 22 23(1) to 23(3) 26(2) 27 section 24
b: if the proceedings are under Part 4 sections 43 44(1) to 44(3) 46(2) 52 section 45 Section 70(1)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 70(2) amended 1 March 2017 section 261 District Court Act 2016 Section 70(2)﻿(a) amended 1 March 2017 section 261 District Court Act 2016
71: Waiver of rights to apply for habeas corpus or to lodge appeal
Without limiting section 28 section 53
a: the right to make an application for a writ of habeas corpus within 15 days after the issue of a warrant of detention; and
b: the right, in relation to any offence or offences for which the court has determined that the person is eligible for surrender, to lodge an appeal under this Part.
72: Powers of court on appeal
1: The High Court must hear and determine the question or questions of law arising on any case transmitted to it, and do 1 or more of the following things:
a: reverse, confirm, or amend the determination in respect of which the case has been stated:
b: remit the determination to the District Court for reconsideration together with the opinion of the High Court on the determination:
c: remit the determination to the District Court with a direction that the proceedings to determine whether the person is eligible for surrender be reheard:
d: make any other order in relation to the determination that it thinks fit.
2: In hearing and determining the question or questions of law arising on any case transmitted to it, the court—
a: must not have regard to any evidence of a fact or opinion that was not before the District Court when it made the determination appealed against; and
b: may in the same proceeding hear and determine any application for a writ of habeas corpus made in respect of the detention of the person whose surrender is sought.
73: Further provisions relating to powers of court on appeal
1: Without limiting section 72
a: discharge the person; or
b: remit the determination to the District Court with a direction that the proceedings to determine whether the person is eligible for surrender be reheard.
2: Without limiting section 72
a: discharge the person in respect of that offence or those offences; or
b: remit the determination to the District Court with a direction that the proceedings to determine whether the person is eligible for surrender be reheard in respect of that offence or those offences.
3: Despite subsections (1) and (2), if an appeal is against a determination that a person is eligible for surrender, and the court determines that there has been an error of law, it may nevertheless decline to reverse or amend the determination in respect of which the case has been stated if it considers that no substantial wrong or miscarriage of justice has occurred and that the determination ought to be upheld.
4: Without limiting section 72
a: if the proceedings are under Part 3 the District Court subsections (1) to (3) of section 26 the District Court paragraph (d) of section 26(1)
b: if the proceedings are under Part 4 the District Court subsections (1) to (3) of section 46 the District Court section 47(1)
c: if it remits the determination to the District Court, issue a warrant for the arrest and detention of the person pending the District Court's reconsideration of the determination or rehearing of the proceedings to determine whether the person is eligible for surrender; and section 70(3) section 70 Section 73(4)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 73(4)﻿(b) amended 1 March 2017 section 261 District Court Act 2016
9: Provisions relating to evidence
74: Evidence on behalf of person whose surrender is sought regarding restrictions on surrender
1: In any proceedings under this Act, a Judge or court may receive evidence tendered by or on behalf of a person whose surrender is sought that is relevant to the restrictions on surrender in sections 7 8
2: Subsection (1) does not apply to evidence gathered in New Zealand. 1965 No 44 s 9
75: Depositions and official documents taken or made overseas
1: Without limiting section 25
a: depositions, and copies of depositions, taken outside New Zealand whether in the presence or absence of the person whose surrender is sought; and
b: official certificates of conviction or other facts, and judicial documents stating the fact of conviction or other facts relevant to the extradition proceedings, given or made outside New Zealand— are, if duly authenticated, admissible as evidence.
2: Nothing in subsection (1) authorises the reception of any such depositions, certificates, or judicial documents in evidence against any person on his or her trial for any offence. 1965 No 44 s 15(1)
76: Admissibility of documentary hearsay evidence
Without limiting section 25
77: Admission of documents under other enactment or rule of law in New Zealand not affected
Nothing in section 25 sections 74 to 76 1992 No 86 s 63(3)
78: Authentication of overseas documents
1: For the purposes of this Act, any warrant, deposition, exhibit, official certificate, or judicial document issued, taken, given, received, or made outside New Zealand, and any copy of any such document, is duly authenticated if—
a: it is authenticated in the manner for the time being provided by the law of New Zealand in respect of documents executed outside New Zealand; or
b: it is authenticated in the manner provided for in an extradition treaty in force between New Zealand and the country in which it was issued, taken, given, received, or made; or
c: it purports to be signed or certified by a Judge, Magistrate, or official of the country in which it was issued, taken, given, received, or made, and—
i: it is verified by the oath of a witness, or of an official of the Government of the country in which it was issued, taken, given, received, or made; or
ii: it purports to be sealed with an official or public seal of the country in which it was issued or of a Minister of State, or of a department or official of the Government, of the country in which it was issued, taken, given, received, or made.
2: Every court must take judicial notice of every signature or seal referred to in subsection (1). 1965 No 44 s 16
79: Evidence taken in New Zealand for use overseas
1: For the purpose of any request made by New Zealand for the surrender of a person from another country, the District Court sections 95 to 99
2: For the purposes of taking evidence under subsection (1), the District Court Judge has the same jurisdiction and powers as if the proceedings were the taking of oral evidence under subpart 8
3: Nothing in this section authorises the reception of any evidence referred to in subsection (1) in evidence against any person on his or her trial for any offence. Section 79 replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 79(1) amended 1 March 2017 section 261 District Court Act 2016
80: Effect of certain certificates
1: For the purposes of section 7(a)
2: A certificate signed by the Secretary of Foreign Affairs and Trade—
a: reciting the terms of an arrangement in force between New Zealand and another country; or
b: reciting the terms of an undertaking given by another country— is sufficient evidence of the terms of that arrangement or undertaking.
3: A certificate signed by the Secretary of Foreign Affairs and Trade stating that—
a: New Zealand or another specified country is a party to a specified treaty; or
b: the treaty entered into force for New Zealand or that other country, as the case may be, on a specified date; or
c: as at the date of the certificate, the treaty remains in force for New Zealand or that other country— is, for the purposes of any proceedings under this Act, sufficient evidence of the facts stated in the certificate.
4: A court or a person acting judicially to which or to whom any certificate under subsection (2) or subsection (3) is produced must take judicial notice of the signature on it of the Secretary of Foreign Affairs and Trade. Extradition Act 1988 s 52 (Aust)
81: Order in Council evidence of terms of treaty
An Order in Council made under section 15 section 16 section 40 1965 No 44 s 3(5)
10: Search and seizure
82: Search and seizure on arrest
1: If a person is arrested on a warrant issued or endorsed under this Act, a constable constable
2: If there is no suitable searcher available at the place where the search is to take place, the person to be searched may be taken to another place to be searched.
3: Nothing in this section limits or affects any power under section 11
4: If a person is arrested on a warrant issued or endorsed under this Act, a constable may take the identifying particulars of that person in accordance with section 32 Extradition Act 1988 s 13(1) (Aust) Section 82(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 82(3) replaced 1 October 2012 section 240(2) Search and Surveillance Act 2012 Section 82(4) inserted 7 November 2015 section 4 Extradition Amendment Act 2015
83: Search warrants
1: This section applies if—
a: a request for the surrender of a person has been made under Part 3
b: a warrant has been endorsed under Part 4
c: a provisional arrest warrant has been issued under this Act.
2: An issuing officer (within the meaning of section 3 subpart 3
3: This section does not limit or affect the ability of a foreign country to make a request for assistance under the Mutual Assistance in Criminal Matters Act 1992
4: The provisions of Part 4 subpart 6 Section 83(2) amended 1 October 2012 section 240(3) Search and Surveillance Act 2012 Section 83(4) inserted 1 October 2012 section 240(4) Search and Surveillance Act 2012
84: Form and content of search warrant
Section 84 repealed 1 October 2012 section 240(5) Search and Surveillance Act 2012
85: Powers conferred by warrant
Section 85 repealed 1 October 2012 section 240(5) Search and Surveillance Act 2012
86: Power to stop vehicles
Section 86 repealed 1 October 2012 section 240(5) Search and Surveillance Act 2012
87: Person executing warrant to produce evidence of authority
Section 87 repealed 1 October 2012 section 240(5) Search and Surveillance Act 2012
88: Notice of execution of warrant
Section 88 repealed 1 October 2012 section 240(5) Search and Surveillance Act 2012 Return of property
89: Return of property
1: Subsection (2) applies if a person is ordered to be surrendered under this Act.
2: The court may direct that any thing, including a sum of money, that may be evidence of the offence the person is alleged to have committed or has committed (including any thing seized under section 82 section 85
3: The court may refuse to direct that any particular thing referred to in subsection (2) be delivered with the person if the court is satisfied that the thing is required for the investigation of an offence within the jurisdiction of New Zealand, or the possession of the thing by the person would be unlawful in New Zealand.
4: If the person cannot be surrendered by reason of his or her death or escape from custody, any thing referred to in subsection (2) must, if the court directs, be delivered up to the extradition country.
5: Subsection (6) applies if a person is discharged under this Act without being surrendered.
6: Subject to subsection (7), the court may direct that any thing seized under section 82 section 85
7: The court may refuse to direct that any particular thing referred to in subsection (6) be returned to the person if the court is satisfied that the thing is required for the investigation of an offence within the jurisdiction of New Zealand, or the possession of the thing by the person would be unlawful in New Zealand.
11: Provisions relating to presence of persons in New Zealand and removal of persons from New Zealand
90: Transit
1: This section applies to a person ( the transferee Part 3 Part 4 the extraditing country
2: A transferee may be transported through New Zealand for the purpose of being surrendered to the extraditing country.
3: If the aircraft or ship that transports a transferee lands or calls at any place in New Zealand,—
a: the person holding the transferee in custody before the landing or call is made may hold the transferee in custody at the place or in Police custody for a period not exceeding 24 hours; and
b: a court may, on the application of a constable
4: If—
a: a person is being held in custody in accordance with an order made by a court under subsection (3); and
b: the person's transportation is not, in the opinion of the Minister, continued within a reasonable time,— the Minister must make a removal order under section 96 1992 No 86 s 42(1)–(3) Extradition Act 1988 s 48 (Aust) Section 90(3)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
91: Immigration
visa
1: If a person is—
a: surrendered or temporarily surrendered to New Zealand in relation to an extradition offence; or
b: a person to whom section 90 that person is not required to hold a visa under the Immigration Act 2009
2: If a person is returned to New Zealand to continue serving a sentence of imprisonment after being temporarily surrendered to an extradition country under Part 3 Part 4 Immigration Act 2009 Section 91 heading amended 29 November 2010 section 406(1) Immigration Act 2009 Section 91(1) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 91(2) amended 29 November 2010 section 406(1) Immigration Act 2009
92: Return of person
Section 93
a: a person accused or convicted of an extradition offence in New Zealand is surrendered by an extradition country and, on the completion of proceedings for the offence, the person is acquitted; or
b: a person who was surrendered to New Zealand in relation to an extradition offence and was sentenced to a term of imprisonment or any other punishment in respect of that offence ceases to be serving the sentence; or
c: a person who is surrendered to New Zealand in relation to an extradition offence is discharged without conviction.
93: Minister must make removal order or issue certificate
1: If this section applies, the Minister must make a removal order under section 96
2: If the Minister does not make a removal order in respect of the person, the Minister must issue a certificate under section 94
94: Certificate giving temporary authority for person to remain in New Zealand
1: A certificate issued by the Minister under this section—
a: may be issued for a period, not exceeding 3 months, specified in the certificate; and
b: may, from time to time, be renewed for a further period not exceeding 3 months; and
c: may, if the Minister thinks fit, order that the person named in the certificate be taken into custody.
2: The certificate is, while it remains in force, sufficient authority for the person named in the certificate to remain in New Zealand.
3: If the Minister issues a certificate, the Minister may, if he or she thinks fit, refer the person’s case to the Minister of Immigration for consideration under section 61
4: Except as provided in subsection (3), nothing in the Immigration Act 2009
5: If,—
a: where the Minister referred the person's case to the Minister of Immigration under subsection (3), the Minister of Immigration declines to grant a visa
b: there do not appear to the Minister to be any other grounds on which the person should remain in New Zealand,— the Minister must cancel the certificate issued under this section, and must make a removal order under section 96 Section 94(3) substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 94(4) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 94(5)﻿(a) amended 29 November 2010 section 406(1) Immigration Act 2009
95: Further provisions relating to certificate
1: If the certificate issued under section 94 constable
2: A person who is taken into custody under this section must, unless sooner released, be brought before a District Court Judge as soon as possible and, after that, every 21 days while the certificate is in force, to determine in accordance with subsection (3) whether the person should be detained in custody or released pending the decisions referred to in section 94(5)
3: If a person is brought before a District Court Judge under subsection (2), the Judge may, if the Judge is satisfied that the person is the person named in the certificate,—
a: issue a warrant for the detention of the person in custody if the Judge is satisfied that, if not detained, the person is likely to abscond; or
b: order the release of the person subject to such conditions (if any) that the Judge thinks fit.
4: A warrant for the detention of the person issued under subsection (3)﻿(a) may authorise the detention of the person in a prison section 26(1)﻿(a) Part 3 Section 95(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 95(4) amended 1 June 2005 section 206 Corrections Act 2004
96: Removal order
1: A removal order made by the Minister under this section—
a: may either—
i: require the person in whose custody the person is being held (if the person is being held in custody) to release the person into the custody of a constable
ii: if the person is not in custody, authorise any constable
b: must specify that the person is to be taken by a constable
c: may authorise the detention in custody of the person while awaiting removal from New Zealand.
2: The removal order must be served on the person named in the order in the manner prescribed by regulations made under this Act.
3: If the removal order authorises the detention of the person in custody, the person may be detained—
a: in a prison section 26(1)﻿(a) Part 3
b: at a seaport or airport.
4: If a person is not able to be conveyed out of New Zealand within 48 hours after service of the removal order, the person must be brought before a District Court Judge to determine in accordance with subsection (5) whether the person should be detained in custody or released pending that person's removal from New Zealand.
5: If a person is brought before a District Court Judge under subsection (4), the Judge may, if the Judge is satisfied that the person is the person named in the order,—
a: issue a warrant for the detention of the person in custody if the Judge is satisfied that, if not detained, the person is likely to abscond; or
b: order the release of the person subject to such conditions (if any) that the Judge thinks fit.
6: A warrant for the detention of the person issued under subsection (5)﻿(a) may authorise the detention of the person in a prison section 26(1)﻿(a) Part 3
7: A removal order made under this section continues in force until it is executed or is cancelled.
8: Nothing in the Immigration Act 2009 Section 96(1)﻿(a)﻿(i) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 96(1)﻿(a)﻿(ii) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 96(1)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 96(3)﻿(a) amended 1 June 2005 section 206 Corrections Act 2004 Section 96(6) amended 1 June 2005 section 206 Corrections Act 2004 Section 96(8) amended 29 November 2010 section 406(1) Immigration Act 2009
97: New Zealand citizens
Nothing in this Part authorises the removal of a New Zealand citizen from New Zealand.
12: Miscellaneous provisions
98: Persons in custody
1: If, under this Act or any order made under this Act, a person is required to be detained in custody, any constable
a: to the prison manager prison
b: if an order is made to detain the person in any other place, to the person in charge of the place that is specified in the order.
2: The laws relating to the conditions of imprisonment of persons awaiting trial for offences against the law of New Zealand, the treatment of such persons during imprisonment, and the transfer of such persons between institutions apply, so far as applicable and with the necessary modifications, to a person detained in a prison
3: If a person is detained in a prison section 184
4: This section is subject to section 66 Extradition Act 1988 s 53 (Aust) Section 98(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 98(1)﻿(a) amended 1 June 2005 section 206 Corrections Act 2004 Section 98(2) amended 1 June 2005 section 206 Corrections Act 2004 Section 98(3) amended 1 June 2005 section 206 Corrections Act 2004
99: Priority of requests
1: If 2 or more countries seek and obtain an order for the surrender of the same person under Part 3 Part 4
2: In making a determination under subsection (1), the Minister must have regard to all the circumstances of the case and, in particular, to—
a: the relative seriousness of the offences for which surrender is sought:
b: the respective dates on which surrender was sought:
c: the citizenship or nationality, and the place of ordinary residence, of the person:
d: the time and place of the commission of the offence or each of the offences:
e: the possibility of subsequent surrender of the person by any of the countries to another jurisdiction:
f: the provisions of any extradition treaty or arrangements with, or any undertakings given by, any of the countries seeking the surrender.
3: Despite subsection (1), if a request for the surrender of a person is received from the International Criminal Court and from 1 or more countries, the priority of the requests must be determined by the Minister in accordance with sections 61 to 64 Section 99(3) added 1 July 2002 section 184 International Crimes and International Criminal Court Act 2000 Provisions in treaties
100: Provisions relating to extradition offences that may be specified in treaties
If, after the commencement of this Act, an extradition treaty is made between New Zealand and another country, any offence that is specified as an extradition offence for the purposes of that treaty (whether the offences in the treaty are specified individually or more generally described) must be an offence punishable under the law of New Zealand and the other country for which the maximum penalty is imprisonment for not less than 12 months or any more severe penalty.
101: Provision relating to surrender of New Zealand citizens
An extradition treaty made between New Zealand and another country after the commencement of this Act must—
a: state whether or not New Zealand citizens may be surrendered; and
b: if it states that New Zealand citizens may be surrendered, provide that the surrender of a person may be refused in a particular case on the grounds that the person is a New Zealand citizen. 1965 No 44 s 5(7)
101A: Treaties deemed to incorporate crimes
1: An extradition treaty between New Zealand and an extradition country must be construed to give effect to every specified provision (being a provision relating to the inclusion of offences within certain treaties by operation of law).
2: For the purposes of subsection (1), each of the following provisions is a specified provision:
a: sections 7 7A
b: section 35 and section 35A
c: sections 10 10A
d: section 8
e: section 14
f: section 10
g: sections 101B 101C
ga: section 69
h: section 21
i: section 145C
j: section 13 Section 101A inserted 3 May 2001 section 12 Crimes (Bribery of Foreign Public Officials) Amendment Act 2001 Section 101A(2)﻿(b) amended 22 June 2005 section 23 Misuse of Drugs Amendment Act 2005 Section 101A(2)﻿(g) added section 5 Extradition Amendment Act 2002 Section 101A(2)﻿(g) brought into force 29 September 2003 clause 2 Extradition Amendment Act Commencement Order 2003 Section 101A(2)﻿(g) brought into force 1 January 2004 clause 3 Extradition Amendment Act Commencement Order 2003 Section 101A(2)﻿(g) amended 1 June 2017 section 10 Crimes Amendment Act 2005 Section 101A(2)﻿(ga) added 5 December 2002 section 76 Terrorism Suppression Act 2002 Section 101A(2)﻿(h) added 22 October 2004 section 22 Mercenary Activities (Prohibition) Act 2004 Section 101A(2)﻿(i) added 22 February 2005 section 34(2) Films, Videos, and Publications Classification Amendment Act 2005 Section 101A(2)﻿(j) inserted 1 July 2013 section 45 Cultural Property (Protection in Armed Conflict) Act 2012
101B: Certain crimes with transnational aspects deemed to be included in extradition treaties
1: For the purposes of this Act and any Order in Council in force under section 15 section 104 section 6
a: every offence against any of sections 98A 98C 98D 100 101 102 103 104 105 116 117 243
b: every offence against any of sections 29A 30 30A 31(1) 31(2) 32
c: any offence against any enactment if—
i: it is punishable by imprisonment for a term of 4 years or more; and
ii: the offence for which extradition is requested is alleged to involve an organised criminal group (as defined in article 2(a) of the TOC convention); and
iii: the person whose extradition is sought is, or is suspected of being, in or on his or her way to the requested country.
2: A person whose surrender is sought from New Zealand in respect of an act that amounts to an offence deemed by subsection (1) to be an offence described in an extradition treaty is liable to be surrendered in accordance with this Act and the applicable extradition treaty, whether the act occurred before or after the commencement of section 6
3: Subsection (2) does not apply in respect of an act that, had it occurred within the jurisdiction of New Zealand, would not, at the time that it occurred, have constituted an offence under New Zealand law.
4: A certificate under the hand of the Minister of Foreign Affairs and Trade that a foreign country is a party to the TOC convention, the migrants protocol, or the trafficking protocol is, in the absence of proof to the contrary, sufficient evidence of that fact.
5: For the purposes of this section,— foreign country
a: for whose international relations the Government of a foreign country is responsible; and
b: to which the extradition treaty and (as the case may be) the migrants protocol, TOC convention, or the trafficking protocol, extend migrants protocol TOC convention trafficking protocol Section 101B inserted section 6 Extradition Amendment Act 2002 Section 101B brought into force 29 September 2003 clause 2 Extradition Amendment Act Commencement Order 2003 Section 101B brought into force 1 January 2004 clause 3 Extradition Amendment Act Commencement Order 2003 Section 101B(1)﻿(a) amended 5 December 2013 section 4 Extradition Amendment Act 2013
101C: Certain offences involving trading in children or child prostitution deemed to be included in extradition treaties
1: For the purposes of this Act and any Order in Council in force under section 15 section 104
a: every offence against section 98AA section 10
b: every offence against section 144A section 10
c: every offence against section 23(1) section 10
d: every offence against section 27A section 6
2: A person whose surrender is sought from New Zealand in respect of an act that amounts to an offence deemed by subsection (1) to be an offence described in an extradition treaty is liable to be surrendered in accordance with this Act and the applicable extradition treaty, whether the act occurred before or after the commencement referred to in subsection (1)﻿(a), (b), (c), or (d), as the case requires.
3: Subsection (2) does not apply in respect of an act that, had it occurred within the jurisdiction of New Zealand, would not, at the time that it occurred, have constituted an offence under New Zealand law.
4: A certificate given and signed by the Minister of Foreign Affairs and Trade that a foreign country is a party to the protocol referred to in subsection (5) is, in the absence of proof to the contrary, sufficient evidence of that fact.
5: The protocol to which this section applies is the Optional Protocol to the United Nations Convention on the Rights of the Child on the sale of children, child prostitution, and child pornography adopted by the General Assembly of the United Nations at New York on 25 May 2000.
6: For the purposes of this section, a foreign country includes a territory if—
a: the foreign country's government is responsible for the territory's international relations; and
b: an extradition treaty is in force between New Zealand and the foreign country; and
c: the protocol referred to in subsection (5) extends to the territory. Section 101C inserted 1 June 2017 section 10 Crimes Amendment Act 2005 Regulations
102: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing the form of warrants, notices, endorsements, and orders for the purposes of this Act:
b: prescribing additional matters to be included in the record of the case under section 25
c: prescribing the fees, travelling allowances, and expenses payable to interpreters and to persons giving evidence in proceedings under this Act:
d: prescribing the costs and charges payable by any party in proceedings under this Act:
e: prescribing the practice and procedure of the District Court
i: the pre-hearing disclosure of information:
ii: the powers of the court when information required to be disclosed by the regulations is not disclosed or not disclosed in accordance with the requirements specified in the regulations or by the court:
iii: requiring the person whose surrender is sought to give notice of his or her intention to put a restriction on surrender in issue in the proceedings:
iv: the circumstances in which the court may appoint an expert witness, the procedure to be followed after the expert witness is appointed, the rights of the parties in relation to the evidence given by the expert witness, and the manner in which the expert witness is to be remunerated:
f: prescribing the manner of serving removal orders under Part 11
g: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
2: Regulations made under subsection (1)﻿(e) may provide for different practice and procedure in relation to proceedings under Part 3 Part 4
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 102(1)﻿(e) amended 1 March 2017 section 261 District Court Act 2016 Section 102(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
103: Rules relating to appeals
Rules regulating the practice and procedure in appeals to the High Court under this Act may be made in the manner in which rules of court are made under the Senior Courts Act 2016 Section 103 amended 1 March 2017 section 183(b) Senior Courts Act 2016 Transitional and savings provisions
104: Orders in Council in effect on commencement of Act
1: Every Order in Council made under section 3 of the Extradition Act 1965 section 15
2: Every Order in Council made under the provisions of the Extradition Acts 1870 to 1935 of the United Kingdom Parliament and specified in Schedule 1 section 15
3: The Governor-General may, by Order in Council, declare that an Order in Council referred to in subsection (2) ceases to have effect as part of the law of New Zealand.
4: This section does not limit section 105
5: An order under subsection (3) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 104(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
105: Certain conditions in Extradition Act 1965 continue to apply
1: Subsection (2) applies to any Order in Council referred to in subsection (1) or subsection (2) of section 104
2: If this subsection applies,—
a: this Act applies in relation to the extradition country to which the Order in Council relates subject to the conditions to which the extradition country was subject—
i: under subsections (1) to (6) of section 5 section 5A, and section 9(1)﻿(f) of the Extradition Act 1965
ii: by virtue of the operation of section 5(7) of that Act
b: sections 7 8 30(3)﻿(d) section 49
106: Warrants, orders, and proceedings under Fugitive Offenders Act 1881 (Imp) or Extradition Act 1965
1: A warrant issued or endorsed in New Zealand under the Fugitive Offenders Act 1881 Part 3 Part 4
2: An order of a court made before the commencement of this Act in relation to a person referred to in subsection (1) has effect as if it had been made under Part 3 Part 4
3: Any proceedings instituted before the commencement of this Act in relation to a person referred to in subsection (1) under the Fugitive Offenders Act 1881
4: A warrant issued in New Zealand under the Extradition Act 1965 Part 3
5: An order of a court made before the commencement of this Act in relation to a person referred to in subsection (4) has effect as if it had been made under Part 3
6: Any proceedings instituted before the commencement of this Act in relation to a person referred to in subsection (4) under the Extradition Act 1965 Part 3
7: An order for the surrender of a person made before the commencement of this Act under the Extradition Act 1965 Part 3
8: Nothing in this section limits the Interpretation Act 1999 Section 106(8) amended 1 November 1999 section 38(1) Interpretation Act 1999
107: Immigration Act 2009 Except as provided in Part 11 Immigration Act 2009 Section 107 heading amended 29 November 2010 section 406(1) Immigration Act 2009 Section 107 amended 29 November 2010 section 406(1) Immigration Act 2009
108: Citizenship Act 1977 not affected
This Act does not limit or affect the Citizenship Act 1977
109: Arrest of deserters from other armed forces
This Act does not limit or affect section 89A section 92A section 93B section 93C Section 109 substituted 1 July 2004 section 26 Visiting Forces Act 2004 Amendments and repeals
110: United Kingdom Orders in Council that cease to have effect in New Zealand
1: The Order made by His Majesty in Council on 12 October 1925, applying Part 2 of the Fugitive Offenders Act 1881
2: The Orders in Council made under the provisions of the Extradition Acts 1870 to 1935 of the United Kingdom Parliament and specified in Schedule 2
111: Acts amended
The Acts specified in Schedule 3
112: Repeals
1: The following enactments are repealed:
a: Extradition Act 1965
b: Extradition Amendment Act 1969
c: Fugitive Offenders Amendment Act 1976
d: Extradition Amendment Act 1998
2: The following enactments of the United Kingdom Parliament cease to have effect as part of the law of New Zealand:
a: Fugitive Offenders Act 1881
b: Fugitive Offenders (Protected States) Act 1915
3: Subject to this Act, sections 17 to 22 Section 112(3) amended 1 November 1999 section 38(1) Interpretation Act 1999