Extradition Amendment Act (No 2) 2002

1: Title
1: This Act is the Extradition Amendment Act (No 2) 2002.
2: In this Act, the Extradition Act 1999 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Meaning of extradition offence
1: Section 4(1)(a)
a: omitting the words An offence punishable under the law of an In relation to an extradition country, an offence punishable under the law of the
b: omitting the words ; and :
2: Section 4(1)(b) to a request by
4: Request for surrender
1: Section 18(1) made to the Minister of Foreign Affairs and Trade for transmission transmitted
2: Section 18(4)(a) subparagraph (i)
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 .
5: Provisional arrest warrant may be issued
Section 20(1) paragraph (a)
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.
6: Powers of court
Section 22 subsection (3)
3: Despite section 46(1) and (2) of the Summary Proceedings Act 1957 section 153 of that Act section 28(2) of the Bail Act 2000
7: Determination of eligibility for surrender
Section 24(3)(b) that except in relation to a matter referred to in section 30(2)(ab)
8: Record of case may be submitted by exempted country at hearing
1: Section 25(3) paragraph (b)
b: a certificate by a person described in subsection (3A)
2: Section 25 subsection (3)
3A: A person referred to in subsection (3)(b)
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.
3: Section 25 subsection (5)
5: A court to which a certificate under subsection (3)(b) subsection (3A)
9: Minister must determine whether person to be surrendered
Section 30(2) paragraph (a)
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.
10: Discharge of person if not surrendered within 2 months
Section 36
4: Despite subsection (1)
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)
ii: if an appeal or application referred to in subsection (1)(b)
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
11: Endorsement of warrant issued in extradition country
Section 41(1) a judicial officer of a court having lawful authority other person having lawful authority under the law of the extradition country
12: Issue in New Zealand of provisional arrest warrant
Section 42(1)(a) a judicial officer of a court having lawful authority other person having lawful authority under the law of the extradition country
13: Powers of court
Section 43 subsection (3)
3: Despite section 46(1) and (2) of the Summary Proceedings Act 1957 section 28(2) of the Bail Act 2000
14: Referral of case to Minister in certain circumstances
1: Section 48(1)(c) ,— ; or
2: Section 48(1) paragraph (c)
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,—
3: Section 48 subsection (1)
1A: For the purposes of subsection (1)(d) request
15: Discharge of person if not surrendered within 2 months
Section 57
4: Despite subsection (1) 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)
ii: if an appeal or application referred to in subsection (1)(b)
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
16: Extension of Act for individual requests
Section 60 subsection (7)
7: Without limiting subsection (6) Part 3
17: Application to appeal of certain provisions of
Summary Proceedings Act 1957
1: The heading to section 69 and Bail Act 2000
2: Section 69 paragraph (h) (q)
3: Section 69 subsection (2)
2: Section 47 of the Bail Act 2000 Part 4 of the Summary Proceedings Act 1957