Pitcairn Trials Act 2002

1: Title
This Act is the Pitcairn Trials Act 2002.
1: General provisions
Preliminary provisions
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
2: 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 2 brought into force 14 March 2003 Pitcairn Trials Act Commencement Order 2003 Section 2(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Purpose of this Act
1: The purpose of this Act is to make provision to implement in New Zealand law New Zealand's obligations under the Agreement.
2: To that end, this Act provides—
a: for Pitcairn Courts to sit in New Zealand for the purpose of holding certain trials under Pitcairn law; and
b: for the enforcement in New Zealand, if New Zealand agrees, of certain sentences imposed and orders made in those trials by a Pitcairn Court sitting in New Zealand.
4: Interpretation
1: In this Act, unless the context otherwise requires,— Agreement Schedule 1 community-based sentence
a: means any of the following imposed by a Pitcairn Court in the exercise of its criminal jurisdiction in a Pitcairn trial in New Zealand:
i: a sentence of supervision:
ii: a sentence of community work; and
b: in relation to a Pitcairn offender, means every sentence of that kind to which the offender is subject country Director of Mental Health section 91 enforcement order section 58 Governor
a: means the Governor of Pitcairn; and
b: includes a person lawfully performing the functions of the office of Governor, under section 4(3) of the Pitcairn Order 1970 (United Kingdom) hospital section 2(1) hospital order section 46 section 47
a: that is made by a Pitcairn Court in the exercise of its criminal jurisdiction in a Pitcairn trial in New Zealand; and
b: that is made after a person is—
i: found unfit to plead; or
ii: acquitted on the grounds of insanity; and
c: that requires that the person be detained in a hospital or other similar institution Minister Pitcairn Pitcairn accused accused
a: means a person against whom a formal charge has been signed (either before or after the entry into force of the Agreement) by a Pitcairn Magistrate under section 17(3) of the Justice Ordinance (Pitcairn); but
b: does not include a Pitcairn offender, a person subject to a hospital order, or a person who has been acquitted of, or discharged without conviction in relation to, the offence or offences with which he or she has been charged Pitcairn Court
a: the Magistrate's Court established by section 10(1) of the Judicature (Courts) Ordinance (Pitcairn):
b: the Supreme Court of Pitcairn, Henderson, Ducie, and Oeno Islands continued by section 3 of the Judicature (Courts) Ordinance (Pitcairn):
c: the Pitcairn Court of Appeal established by Article 3 of the Pitcairn Court of Appeal Order 2000 (United Kingdom) Pitcairn defence counsel
a: is entitled to appear before a Pitcairn Court; and
b: is acting for a Pitcairn accused or Pitcairn offender or person subject to a hospital order Pitcairn Magistrate Pitcairn offender offender Pitcairn Prosecutor
a: means the person appointed by the Governor as the Public Prosecutor for Pitcairn; and
b: includes a person appointed by the Governor as a Deputy Public Prosecutor for Pitcairn; and
c: includes a person lawfully exercising or performing the functions or powers of the Public Prosecutor for Pitcairn Pitcairn sentence
a: a sentence of imprisonment:
b: a community-based sentence Pitcairn trial
a: a specified investigations trial; or
b: a trial that is not a specified investigations trial but that the Minister has allowed to take place in New Zealand, by granting a request under section 6 Pitcairn witness premises prison Corrections Act 2004 Registrar
a: means the person appointed by the Governor as the Registrar of that Court; and
b: includes a person appointed by the Governor as a Deputy Registrar of that Court sentence of imprisonment
a: means a sentence of imprisonment imposed by a Pitcairn Court in the exercise of its criminal jurisdiction in a Pitcairn trial in New Zealand; and
b: in relation to a Pitcairn offender, means every sentence of that kind to which the offender is subject specified investigations trial
a: that were conducted by the Kent Police during and between 1999 and 2001; and
b: that relate to allegations of sexual offending on Pitcairn trial section 5
2: A reference in this Act to a Minister of the Crown (for example, to the Attorney-General or to the Minister of Immigration) is a reference to that Minister of the Crown in right of New Zealand. Section 4(1) prison substituted 1 June 2005 section 206 Corrections Act 2004
5: Trial defined
In this Act, unless the context otherwise requires, trial
a: investigative steps involving a Pitcairn Court or a Pitcairn Magistrate or a Judge or Judges of a Pitcairn Court (for example, the issuing of a search warrant):
b: the institution of a criminal proceeding by the signing of a formal charge:
c: any preliminary proceedings (for example, committal proceedings):
d: the person pleading guilty, or not guilty, or a special plea (for example, a plea of previous acquittal, previous conviction, or pardon), and the entering of that plea:
e: taking evidence:
f: conducting or continuing a proceeding to determine guilt:
g: giving judgment in a proceeding:
h: sentencing or otherwise dealing with the person (whether or not the person pleads guilty):
i: any appeals or review:
j: any other associated matters.
6: Requests that trials that are not specified investigations trials be allowed to take place in New Zealand
1: The Governor may ask the Minister to allow a trial that is not a specified investigations trial to take place in New Zealand.
2: The request must be made in writing.
3: The Minister must notify the Governor of the Minister's decision to grant or to decline the request.
4: Before deciding whether to grant or to decline the request, the Minister must consult with the Attorney-General, the Minister of Corrections, the Minister for Courts, the Minister of Foreign Affairs and Trade, the Minister of Immigration, and the Minister of Police.
7: Part only of Pitcairn trial may take place in New Zealand
1: Nothing in this Act prevents a single aspect of, or some only of the aspects of, a Pitcairn trial taking place in New Zealand if 1 or more other aspects of the trial have taken place, or will take place, outside New Zealand.
2: Nothing in this Act prevents an aspect of a Pitcairn trial taking place (either at the same time, or at different times) partly in New Zealand and partly outside New Zealand.
8: Act binds the Crown
This Act binds the Crown.
9: Obligations under Agreement or this Act
If the Agreement or this Act confers a power, or imposes a duty or function, on New Zealand, then the power, duty, or function may be exercised or performed on behalf of the Government of New Zealand by the Attorney-General unless the Agreement or this Act provides otherwise. 2000 No 26 s 7 Entry to and removal from New Zealand
10: Limited visas under Immigration Act 2009 for certain participants in trials
1: If this section applies to a person, the Minister (as defined in section 4 Immigration Act 2009
2: This section applies to a person only if—
a: the person is a person specified in section 11
b: the person is coming to, or is in, New Zealand; and
c: the person is not a New Zealand citizen or a person who already holds a visa (other than a transit visa) granted under the Immigration Act 2009
d: the person’s presence in New Zealand is or will be necessary or desirable in connection with a purpose specified in section 12
3: This section applies whether or not the person concerned applies for, or consents to the granting of, the visa or entry permission, and despite anything to the contrary in any provision of the Immigration Act 2009
4: The grant of a visa or entry permission under this section and the Immigration Act 2009
5: Subsection (4) subsection (3) section 13 Section 10 substituted 29 November 2010 section 406(1) Immigration Act 2009
11: Persons referred to in section 10(2)﻿(a)
The persons referred to in section 10(2)﻿(a)
a: a Pitcairn accused or Pitcairn offender or person subject to a hospital order:
b: a Pitcairn witness:
c: a support person for a person referred to in paragraph (a) or paragraph (b):
d: a Pitcairn Magistrate, a Judge of a Pitcairn Court, the Registrar of a Pitcairn Court or any person performing the functions of such a Registrar, any other official of a Pitcairn Court, the Pitcairn Prosecutor, or a Pitcairn defence counsel:
e: an associate (for example, a member of the family) of a person referred to in paragraph (d).
12: Purposes referred to in section 10(2)﻿(d)
The purposes referred to in section 10(2)﻿(d)
a: the conduct of a Pitcairn trial that is to be conducted, or is being conducted, by a Pitcairn Court sitting in New Zealand:
b: the making of decisions under Part 3
c: the making of arrangements for the person's immediate removal from New Zealand if, under Part 3
d: the enforcement of the person's Pitcairn sentence or hospital order, and with arrangements being made for the person's removal from New Zealand once that sentence or order has been enforced if, under Part 3
13: Expiry of limited visa and liability for deportation may be effective immediately upon giving or service of notice
1: This section applies to the holder of a limited visa (or further limited visa) granted in accordance with section 10
a: an immigration officer is, under section 84(2) section 10
b: the holder of the visa is determined to be liable for deportation under section 157(1) section 10
2: In the situation in subsection (1)﻿(a) section 84(2)
3: In the situation in subsection (1)﻿(b) section 170 Section 13 substituted 29 November 2010 section 406(1) Immigration Act 2009 Relationship with certain Acts
14: Use or application of certain Acts not limited or affected
1: Nothing in this Act limits or affects the general use or application of the following Acts:
a: Extradition Act 1999
b: Immigration Act 2009
c: Mutual Assistance in Criminal Matters Act 1992
2: However, the use or application of those Acts is in certain circumstances extended or affected by sections 10 to 13 35 36 52 to 54 Schedule 2
3: Without limiting the generality of subsections (1) and (2), nothing in sections 35 36 Schedule 2
a: affects the use or application of Part 3
b: prevents the United Kingdom of Great Britain and Northern Ireland, or Pitcairn, or any other part or parts of the United Kingdom of Great Britain and Northern Ireland from being declared under that Act to be a designated country, or prevents Part 4 Section 14(1)﻿(b) substituted 29 November 2010 section 406(1) Immigration Act 2009 Regulations
15: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing the forms of endorsements, orders, and other documents for the purposes of this Act, and requiring the use of the forms prescribed:
b: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: 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 15(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Trials
Sittings in New Zealand of Pitcairn Courts
16: Pitcairn Courts may sit in New Zealand
Pitcairn Courts may sit in New Zealand for the purpose of exercising or performing their functions and powers under Pitcairn law in relation to any Pitcairn trial. 2000 No 26 s 167
17: Pitcairn law applies in every Pitcairn trial in New Zealand
1: Pitcairn law and practice applies in every Pitcairn trial that takes place in New Zealand and no New Zealand law applies in a trial of that kind.
2: Subsection (1) is subject to subsection (3) and to every other provision of this Act that contemplates a New Zealand law applying—
a: in association with a trial of that kind; or
b: in relation to a Pitcairn accused or Pitcairn offender or person subject to a hospital order; or
c: in relation to a Pitcairn sentence or hospital order.
3: Subsection (1) does not prevent proceedings being brought and dealt with in a New Zealand court in accordance with the following sections:
a: sections 31 to 34
b: sections 35 36
c: sections 39 to 45
18: Proceedings of Pitcairn Courts not subject to challenge under New Zealand law
1: The conduct of a trial by a Pitcairn Court sitting in New Zealand is not subject to judicial or other challenge in a New Zealand court.
2: In particular, none of the following may be brought or made in a New Zealand court in respect of a judgment, order, determination, or step of a Pitcairn Court given, made, or taken at a sitting of that Pitcairn Court in New Zealand:
a: any judicial review (whether by way of an application for review under the Judicial Review Procedure Act 2016
b: an application for, or for relief in the nature of, a declaration, declaratory judgment, or injunction:
c: an application for, or for relief in the nature of, a writ of habeas corpus (as that term is defined in section 3
d: an appeal (for example, against a Pitcairn sentence or hospital order, or the conviction or charge to which it relates).
3: No person may, under New Zealand law, apply to a person or authority other than a court for review of, or lodge a complaint about, or seek an investigation of, an aspect of a Pitcairn trial in New Zealand.
4: In particular, no person may seek, under New Zealand law, the exercise of the prerogative of mercy in relation to a conviction, order, or sentence (as the case may be) of a Pitcairn Court entered, made, or imposed in a Pitcairn trial in New Zealand. 1908 No 89 s 56N 2000 No 26 s 170 Section 18(2)﻿(a) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016
19: Extent of bar to proceedings in section 18
1: Nothing in section 18
2: Nothing in section 18
a: that are made or taken by the Attorney-General or the Minister or a New Zealand court or a New Zealand Judge or a member of the New Zealand Police or another New Zealand official; and
b: that are made or taken under any of sections 31 to 34 sections 35 36 sections 39 to 45
3: Nothing in section 18
4: Nothing in section 18
5: Nothing in section 18
6: This section is for the avoidance of doubt.
20: Legal capacity, etc, of Pitcairn Courts in New Zealand
1: While a Pitcairn Court is sitting in New Zealand, it may (in accordance with the Agreement) exercise or perform its functions and powers under Pitcairn law and practice for the purpose of any 1 or more Pitcairn trials.
2: However, no particular exercise or performance of a function or power of a Pitcairn Court sitting in New Zealand is enforceable in New Zealand under New Zealand law just because of subsection (1).
3: To enable it to exercise or perform its functions in relation to Pitcairn trials or under the Agreement, a Pitcairn Court in New Zealand—
a: has full juridical personality; and
b: in particular, may undertake any lawful activity that is within the scope of those functions and, in doing so, has all legal capacity necessary for undertaking the activity.
4: In undertaking an activity referred to in subsection (3)﻿(b), a Pitcairn Court may be represented by the Registrar. 2000 No 26 s 168 Premises in New Zealand of Pitcairn Courts
21: Pitcairn Court's premises under control of Pitcairn Court
1: A Pitcairn Court's premises are under the control and authority of that Pitcairn Court.
2: Nothing in New Zealand law prevents a Pitcairn Court from expelling or excluding from that Pitcairn Court's premises in accordance with Pitcairn law and practice a person or persons whose presence is not, in that Pitcairn Court's opinion, conducive to the maintenance of order or the conduct of a trial.
3: Subsection (2) does not limit subsection (1).
22: Inviolability of Pitcairn Court's premises and records
1: The following enjoy the like inviolability as is accorded in respect of official premises, archives, documents, and materials, of a diplomatic mission:
a: a Pitcairn Court's premises; and
b: archives in New Zealand of a Pitcairn Court that is or has been sitting in New Zealand; and
c: documents or materials in New Zealand that are made available to, or that belong to, or that are or have been used by, a Pitcairn Court that is or has been sitting in New Zealand.
2: New Zealand authorities must not enter a Pitcairn Court's premises to perform any of their official duties except—
a: with the express consent, or at the request, of—
i: the Registrar; or
ii: an official designated by the Registrar; or
b: as provided in section 23
3: Subsection (2) does not limit subsection (1).
4: However, nothing in this section prevents a Pitcairn Court from waiving in a particular case its right to inviolability under subsection (1), if in the particular case that right can be waived without prejudice to the purposes for which it is accorded. SR 1983/195 cl 5 SR 2000/247 cl 7
23: Assistance from New Zealand authorities
1: The Registrar or an official designated by the Registrar may ask for the assistance of a member of the New Zealand Police if that assistance is reasonably necessary in order—
a: to preserve law and order within, or in the immediate vicinity of, a Pitcairn Court's premises; or
b: to remove a person from a Pitcairn Court's premises.
2: Nothing in this section or section 22
a: an emergency requiring prompt protective action occurs on those premises, or those authorities believe on reasonable grounds that an emergency of that kind has occurred, is occurring, or is about to occur; and
b: it is not practicable in the particular circumstances for either the Registrar or an official designated by the Registrar to be reached in time.
3: If a request is made under subsection (1) or entry without express permission is permitted under subsection (2), the member of the Police or appropriate New Zealand authority may provide assistance and, in doing so, has all the powers and protections that a member of the Police or appropriate New Zealand authority would have in relation to any other incident of that kind that occurs in New Zealand territory.
24: Emergencies requiring prompt protective action
1: This section gives, for the purposes of section 23(2)﻿(a)
2: One example of that kind is an earthquake, fire, flood, hurricane, landslide, or release of a hazardous substance, that has caused, is causing, or threatens to cause,—
a: serious damage to the Pitcairn Court's premises; or
b: the death of, or serious bodily injury to, a person on those premises.
3: Another example of that kind is the suspected commission on those premises, or outside those premises by a person who was freshly pursued onto those premises, of an offence against New Zealand law if—
a: that offence involves (or would if committed involve) serious damage to property, or the death of, or serious bodily injury to, a person; or
b: that offence is (or would if committed be) punishable by imprisonment.
25: New Zealand law generally applicable to Pitcairn Court's premises
1: New Zealand law applies in relation to and within a Pitcairn Court's premises, except as provided in sections 17 21
2: To avoid doubt, nothing in sections 16 to 24
a: that occurs within a Pitcairn Court's premises; and
b: that amounts to an offence against New Zealand law. Immunities and exemptions of Pitcairn Courts
26: Immunity from legal process in New Zealand
1: The following enjoy immunity from suit and legal process in New Zealand:
a: the Pitcairn Courts:
b: the property, funds, and assets of the Pitcairn Courts.
2: However, nothing in this section prevents a Pitcairn Court from waiving in a particular case its immunity from suit and legal process under subsection (1), if in the particular case that immunity can be waived without prejudice to the purposes for which it is accorded.
3: If a Pitcairn Court grants a waiver referred to in subsection (2), a separate waiver of immunity is required before a judgment may be executed against that Pitcairn Court or against property, funds, or assets of that Pitcairn Court. SR 1983/195 cl 4 SR 2000/247 cl 6
27: Exemption from income tax and import duty
1: Within the scope of its official functions, every Pitcairn Court, and every asset, income, and other property of every Pitcairn Court, is exempt from income tax.
2: Every Pitcairn Court is exempt from all duties and taxes in respect of the importation of goods imported directly by that Pitcairn Court for its official use in New Zealand in relation to a Pitcairn trial.
3: The exemption in subsection (2) is subject to compliance with any conditions the Minister of Customs determines for the protection of the revenue. SR 2000/247 cls 9 10 Immunities of Judges and officials of Pitcairn Courts, of Pitcairn Prosecutor, and of Pitcairn defence counsel
28: Immunities of Judges and officials of Pitcairn Courts and of Pitcairn Prosecutor
1: Each of the following persons has immunity from suit and legal process in New Zealand in respect of things done or omitted to be done by the person in the course of the exercise or performance of the person's official functions relating to a Pitcairn trial in New Zealand:
a: a Pitcairn Magistrate:
b: a Judge of a Pitcairn Court:
c: the Registrar of a Pitcairn Court (including any official of a Pitcairn Court acting as the Registrar of that Court):
d: other officials of a Pitcairn Court:
e: the Pitcairn Prosecutor.
2: However, nothing in this section prevents the Governor from waiving in a particular case the immunity under subsection (1), if in the particular case that immunity can be waived without prejudice to the purposes for which it is accorded.
3: If it is not waived as referred to in subsection (2), the immunity under subsection (1) continues after the person ceases to hold the office concerned, and after termination of the Agreement, in respect of things done or omitted to be done by the person in the course of the exercise or performance of the person's official functions relating to a Pitcairn trial in New Zealand.
4: To avoid doubt, immunities under this section are accorded in the interests of the Pitcairn Courts, and in particular for the independent exercise or performance in a Pitcairn trial in New Zealand of the official functions of the persons specified in subsection (1)﻿(a) to (e), and not for the personal benefit of those persons themselves. SR 1959/61 cl 2 SR 2000/196 cl 14
29: Immunities of Pitcairn defence counsel
1: Pitcairn defence counsel have immunity from suit and legal process in New Zealand in respect of things done or omitted to be done by them in their capacity as counsel for a Pitcairn accused or Pitcairn offender or person subject to a hospital order in a Pitcairn trial in New Zealand.
2: However, nothing in this section prevents the Chief Justice of the Supreme Court of Pitcairn, Henderson, Ducie, and Oeno Islands from waiving in a particular case the immunity under subsection (1), if in the particular case that immunity can be waived without prejudice to the purposes for which it is accorded.
3: If it is not waived as referred to in subsection (2), the immunity under subsection (1) continues after a Pitcairn defence counsel ceases to act for the Pitcairn accused or Pitcairn offender or person subject to a hospital order, and after termination of the Agreement, in respect of things done or omitted to be done by the Pitcairn defence counsel in his or her capacity as counsel for the accused or offender or person in the Pitcairn trial in New Zealand.
4: To avoid doubt, immunities under this section are accorded to Pitcairn defence counsel for the independent performance of their functions as counsel for a Pitcairn accused or Pitcairn offender or person subject to a hospital order in the Pitcairn trial in New Zealand, and not for the personal benefit of the Pitcairn defence counsel themselves.
5: This section does not limit or affect the application of any disciplinary rules that may apply to a Pitcairn defence counsel. SR 1959/61 cl 3(1)﻿(b)
30: Inviolability of documents of Pitcairn Prosecutor and of Pitcairn defence counsel
1: A paper or document is inviolable in New Zealand if the paper or document is part of, or associated with, the performance in a Pitcairn trial in New Zealand of—
a: the Pitcairn Prosecutor's official functions; or
b: a Pitcairn defence counsel's functions.
2: However, nothing in this section prevents the right to inviolability under subsection (1) from being waived in a particular case, if in the particular case that right can be waived without prejudice to the purposes for which it is accorded,—
a: in the case of a paper or document relating to the functions of the Pitcairn Prosecutor, by notice given by the Governor; and
b: in the case of a paper or document relating to the functions of a Pitcairn defence counsel, by notice given by the Chief Justice of the Supreme Court of Pitcairn, Henderson, Ducie, and Oeno Islands.
3: Nothing in this section limits or affects the application in a Pitcairn trial in New Zealand of Pitcairn law relating to documents (for example, relating to the production or disclosure of documents). SR 1959/61 cl 3(1)﻿(a) Transfer and detention of overseas Pitcairn accused
31: Request for transfer of overseas Pitcairn accused to Pitcairn Court's premises
1: A Pitcairn accused may come to New Zealand from another country and be transported through New Zealand territory to a Pitcairn Court's premises in order that he or she may appear before the Pitcairn Court in relation to a Pitcairn trial 1 or more aspects of which are to take place in New Zealand.
2: The accused must not enter New Zealand and be transported through New Zealand territory under subsection (1) unless—
a: the Governor has first made a request to the Minister to permit that transfer of the accused; and
b: the Minister has granted the request.
3: The Minister must not grant the request unless satisfied—
a: that the request relates to a Pitcairn trial 1 or more aspects of which are to take place in New Zealand; and
b: that the accused who is sought to be transferred is an accused in that trial.
4: The Minister may grant the request subject to any conditions the Minister thinks fit.
5: If the Minister grants the request, the Minister must make any arrangements that may be necessary to facilitate, in accordance with this Act,—
a: the entry of the accused to New Zealand; and
b: the transportation of the accused through New Zealand territory to the Pitcairn Court's premises. 2000 No 26 s 136
32: Procedure for transfer of overseas Pitcairn accused to Pitcairn Court's premises
If a request is granted under section 31
a: any person holding the accused in custody under Pitcairn law immediately before the arrival of the accused in New Zealand:
b: 1 or more members of the New Zealand Police.
33: Delay in bringing Pitcairn accused before Pitcairn Court
1: If it is not practicable to transfer the Pitcairn accused to a Pitcairn Court's premises under section 32
a: at the place of arrival, by any 1 or more persons holding the accused in custody immediately before the arrival of the accused in New Zealand; or
b: in Police custody, by any 1 or more members of the New Zealand Police.
2: If it appears to a member of the New Zealand Police that the transfer to a Pitcairn Court's premises is unlikely to take place within the 24-hour period referred to in subsection (1), an application must be made under subsection (3).
3: A New Zealand District Court may, on an application for the purpose in writing by a member of the New Zealand Police, order that the accused be held in custody in a New Zealand prison for a reasonable period exceeding 24 hours that the District Court considers necessary to facilitate the transfer of the accused to a Pitcairn Court's premises.
34: Protection for overseas Pitcairn accused
1: A Pitcairn accused who comes to New Zealand under a request granted under section 31
2: Subsection (1) does not apply to an accused who—
a: has left New Zealand and then returns otherwise than under the same or a later request under section 31
b: being obliged to leave New Zealand, has had the opportunity to leave, but has remained in, New Zealand.
3: To avoid doubt, nothing in this section applies to an accused if, when the Minister receives a request under section 31 section 35 1992 No 86 s 17 Surrender of Pitcairn accused in New Zealand
35: Surrender of Pitcairn accused in New Zealand
1: In relation to the surrender of a Pitcairn accused (being a person who is, or is suspected of being, in New Zealand, or on his or her way to New Zealand) in respect of an offence to be tried by a Pitcairn Court according to Pitcairn law in a Pitcairn trial at the Pitcairn Court's premises, the provisions of the Extradition Act 1999 Part 3
a: as if Pitcairn were a designated country under that Act (and, for the purposes of this paragraph, it does not matter whether or not the United Kingdom of Great Britain and Northern Ireland, or Pitcairn, or any other part or parts of the United Kingdom of Great Britain and Northern Ireland become a designated country under that Act); and
b: as if the accused would, if surrendered in relation to the offence, be transported out of New Zealand to be dealt with according to Pitcairn law.
2: However, those provisions apply subject to all necessary modifications (for example, subject to those in Schedule 2
3: Despite subsection (1), and without limiting subsection (2), in proceedings under the provisions of the Extradition Act 1999
a: the court cannot make a determination under section 45(4) section 48(4)
b: the court is not required to refer New Zealand citizens' cases to the Minister under section 48(1)﻿(a)
4: To avoid doubt, nothing in this section or section 36 Schedule 2 Extradition Act 1999
36: Transfer to Pitcairn Court's premises of Pitcairn accused who is to be surrendered by New Zealand
1: In the situation stated in subsection (2), the accused—
a: must be promptly surrendered in relation to the offence (referred to in section 35(1)
b: must be promptly transferred in custody to a Pitcairn Court's premises for the purposes of the Pitcairn trial referred to in section 35(1) section 67(c)
2: The situation referred to in subsection (1) is that, in proceedings under the provisions of the Extradition Act 1999 section 35
a: the court or the Minister makes a surrender order or a temporary surrender order in relation to a Pitcairn accused and in relation to the offence (referred to in section 35(1)
b: that order takes effect.
3: Nothing in this section prevents an accused surrendered under a temporary surrender order from being returned to detention in a prison in New Zealand in respect of a sentence of imprisonment imposed for an offence against the law of New Zealand, in accordance with undertakings given by Pitcairn under section 54(4)﻿(b)﻿(ii) section 35
4: If, because of a surrender order under section 55(1) section 35 Part 3 Detention in Court's premises and remand in custody in prison
37: Detention in Pitcairn Court's premises
1: No person may be detained in a Pitcairn Court's premises except—
a: a Pitcairn accused, or Pitcairn offender, or person subject to a hospital order, who is present in those premises in relation to a Pitcairn trial:
b: any of the following persons in respect of whom the Pitcairn Court makes an order for detention in the Pitcairn Court's premises:
i: a witness in the course of giving evidence:
ii: a person who may have committed a contempt of court, or an offence against Pitcairn law, within the Pitcairn Court's premises:
iii: a person found guilty summarily of a contempt of court.
2: Pitcairn law applies to the detention in the Pitcairn Court's premises of a person specified in subsection (1)﻿(a) or (b).
3: Detention referred to in this section must be only detention that is reasonably necessary to allow the Pitcairn trial concerned to be conducted on the particular day concerned.
4: To avoid doubt, nothing in this section permits the validity of detention referred to in this section to be challenged in legal proceedings in New Zealand courts (for example, on the grounds that the detention is not detention of the kind described in subsection (3)).
38: Remand in custody in prison of Pitcairn accused and Pitcairn offenders
1: In this section, Pitcairn accused accused
2: This section applies to a Pitcairn accused if a Pitcairn Court sitting in New Zealand makes an order (or issues a warrant) requiring that the accused be remanded in custody that is not—
a: custody in the Pitcairn Court's premises; or
b: custody in a hospital or other similar institution.
3: The order (or warrant) is sufficient authority for the detention of the accused in a prison for the period (being a period not exceeding 28 days after the making of the order (or the issuing of the warrant)) specified in the order (or warrant).
4: Nothing in this section prevents a Pitcairn Court sitting in New Zealand from making 2 or more orders (or issuing 2 or more warrants) remanding the same accused in custody.
5: If this section applies to an accused,—
a: the order (or warrant) has effect as if it were an order (or warrant) of a New Zealand court remanding the accused in custody for an offence against the law of New Zealand; and
b: New Zealand law applies to the accused while he or she is liable to be detained under the order (or warrant), except as provided in section 18 2000 No 26 s 171(2), (3) Pitcairn Court bail
39: Interpretation
In this section and sections 40 to 45 Pitcairn accused accused Pitcairn Court bail order
a: grants bail to a Pitcairn accused; or
b: admits a Pitcairn accused to bail; or
c: releases a Pitcairn accused on bail; or
d: orders the admission of a Pitcairn accused to bail.
40: Endorsed Pitcairn Court bail order has effect in New Zealand
1: A Pitcairn Court bail order that is endorsed under section 41
2: Despite subsection (1), the only New Zealand laws relating to bail that apply to a Pitcairn Court bail order that is endorsed under section 41 sections 39 to 45 Bail Act 2000
3: A member of the New Zealand Police must notify the Pitcairn Prosecutor without delay if—
a: a Pitcairn accused who is required to do so fails to report to the New Zealand Police in accordance with an endorsed Pitcairn Court bail order; or
b: it comes to the attention of a member of the New Zealand Police that a Pitcairn accused has breached any other bail condition to which he or she is subject. 1992 No 86 s 57(1)
41: Pitcairn Court bail orders may be endorsed in New Zealand
1: A Pitcairn Court bail order relating to the release on bail of a Pitcairn accused is enforceable in New Zealand (in accordance with Pitcairn law and sections 39 to 45
a: the Registrar of the Pitcairn Court notifies a New Zealand District Court Judge or a Registrar of a New Zealand District Court of the making of the order and presents him or her with a copy of the order; and
b: he or she endorses the order under this section.
2: The New Zealand District Court Judge or Registrar of the New Zealand District Court may endorse a Pitcairn Court bail order presented to him or her only if satisfied—
a: that the order—
i: is made in a Pitcairn trial by a Pitcairn Court sitting in New Zealand; and
ii: relates to an accused in that trial; and
iii: states where the accused is to reside during the period of the bail; and
iv: either is in force, or will be in force once endorsed; and
b: that the accused has accepted the bail conditions.
3: An endorsement under this section must be in the form set out in Schedule 3 section 15
4: If a Pitcairn Court bail order is endorsed under this section by a New Zealand District Court Judge or a Registrar of a New Zealand District Court, the Registrar of that New Zealand District Court must—
a: notify the Pitcairn Court that made the order; and
b: arrange for a copy of the endorsed order to be sent to the Police station nearest to where the accused is to reside or to which the accused is to report; and
c: if the accused is in custody in a New Zealand prison, to the manager 1999 No 55 s 41 Section 41(4)﻿(c) amended 1 June 2005 section 206 Corrections Act 2004
42: Further provisions on endorsement of bail orders
1: A Pitcairn Court bail order may be endorsed under section 41
2: Two or more Pitcairn Court bail orders may be endorsed under section 41
3: This section is for the avoidance of doubt.
43: Procedure where Pitcairn Court issues arrest warrant
1: If a Pitcairn Court issues a warrant for the arrest of a Pitcairn accused to whom an endorsed Pitcairn Court bail order relates, the Pitcairn Court's arrest warrant may be executed in New Zealand by a member of the New Zealand Police (according to its terms and without the need for the warrant itself to be separately endorsed) as if it were an arrest warrant issued by a New Zealand court.
2: An accused who is arrested under the Pitcairn Court's arrest warrant must be brought before the Pitcairn Court at the Pitcairn Court's premises as soon as possible.
3: To avoid doubt, in relation to the arrest of an accused under this section, the member of the New Zealand Police has all the powers and protections that he or she would have under New Zealand law in relation to the execution of a New Zealand arrest warrant.
44: Arrest without warrant of Pitcairn accused on bail
1: A member of the New Zealand Police may arrest without warrant in New Zealand a Pitcairn accused released on bail by order of a Pitcairn Court if the Pitcairn Court bail order concerned has been endorsed under section 41
a: that the accused has absconded, or is about to abscond, for the purpose of evading justice; or
b: that the accused has contravened or failed to comply with any condition of bail.
2: An accused who is arrested under subsection (1) must be brought before the Pitcairn Court at the Pitcairn Court's premises as soon as possible.
3: To avoid doubt, in relation to the arrest of an accused under this section, the member of the New Zealand Police has the same powers and protections as he or she would have under New Zealand law in relation to the arrest without warrant of a defendant under section 35 2000 No 38 ss 35 58
45: Delay in bringing Pitcairn accused before Pitcairn Court in New Zealand
1: If it is not practicable to bring the Pitcairn accused referred to in section 43(2) section 44(2)
2: A Judge before whom a person is brought under subsection (1) must order that the person be transferred to the Pitcairn Court's premises as soon as practicable, and must make any other orders relating to the person's detention pending or during transfer that may be necessary in the circumstances, if the Judge is satisfied—
a: that the person is an accused to whom a Pitcairn Court bail order endorsed under section 41
b: if (and only if) the person was arrested under section 44(1)
i: had absconded, or was about to abscond, for the purpose of evading justice, when he or she was arrested; or
ii: has contravened or failed to comply with any condition of bail. Remand in custody in hospital
46: Pitcairn accused or Pitcairn offender remanded in hospital for psychiatric examination
1: This section applies to a Pitcairn accused or Pitcairn offender if a Pitcairn Court sitting in New Zealand has made an order (or issued a warrant) in a Pitcairn trial requiring that the accused or offender be remanded in custody in a hospital or other similar institution for a psychiatric examination enabling the preparation of a psychiatric report (however described) that would help the Pitcairn Court in determining—
a: whether the accused is fit to plead; or
b: whether the accused was, at the time he or she did or omitted to do the act giving rise to the offence alleged, insane; or
c: the type and length of any sentence or other measure that might be imposed or ordered; or
d: the nature of any requirement that it may impose as part of, or as a condition of, any sentence or order.
2: The order (or warrant) is sufficient authority for the detention of the accused or offender in a hospital at which adequate facilities for the psychiatric examination are available, for the purpose and period (being a period not longer than 14 days after the making of the order (or the issuing of the warrant)) specified in the order (or warrant).
3: Nothing in this section prevents a Pitcairn Court sitting in New Zealand from making 2 or more orders (or issuing 2 or more warrants) remanding the same accused or offender in custody, but the total period of detention must not exceed 1 month.
4: If this section applies to an accused or offender,—
a: the order (or warrant) has effect as if it were an order under section 121(2)﻿(b)﻿(ii)
b: New Zealand law applies to the accused or offender while he or she is liable to be detained under the order (or warrant), except as provided in section 18
47: Pitcairn accused remanded in hospital during trial
1: This section applies to a Pitcairn accused if a Pitcairn Court sitting in New Zealand has made an order (or issued a warrant) in a Pitcairn trial requiring that the accused be remanded in custody in a hospital or other similar institution during the trial.
2: For the purposes of subsection (1), it does not matter whether or not the Pitcairn Court has earlier made an order (or issued a warrant) in a Pitcairn trial requiring that the accused be remanded in custody in a hospital or other similar institution for psychiatric examination.
3: The order (or warrant) is sufficient authority for the detention of the accused in a hospital for the period (being a period not exceeding 28 days after the making of the order (or the issuing of the warrant)) specified in the order (or warrant).
4: Nothing in this section prevents a Pitcairn Court sitting in New Zealand from making 2 or more orders (or issuing 2 or more warrants) remanding the same accused in custody.
5: If this section applies to an accused,—
a: the order (or warrant) has effect as if it were an order under section 121(11)
b: New Zealand law applies to the accused while he or she is liable to be detained under the order (or warrant), except as provided in section 18 Pitcairn witnesses
48: Request for attendance of overseas Pitcairn witnesses (other than prisoners)
1: This section applies to a Pitcairn witness who is in (but is not a prisoner in) another country and whose attendance is sought before a Pitcairn Court sitting in New Zealand.
2: The Governor may request that a Pitcairn witness to whom this section applies be allowed to come to New Zealand for the purposes of giving evidence in the Pitcairn Court.
3: The Attorney-General may grant the request if satisfied—
a: that the request relates to a Pitcairn trial; and
b: that the Pitcairn witness's attendance is sought for the purposes of giving evidence at that trial.
4: If, by granting the request under subsection (3), the Attorney-General gives authority to proceed, he or she—
a: may give the authority subject to any conditions he or she thinks fit; and
b: must make any arrangements that may be necessary to facilitate, in accordance with this Act, the entry of the Pitcairn witness to New Zealand. 1992 No 86 s 12
49: Request for transfer and detention of foreign prisoners
1: This section applies to a Pitcairn witness who is a prisoner in another country and whose attendance is sought before a Pitcairn Court in New Zealand (in this section and sections 50 51 foreign prisoner
2: The Governor may request that, for the purposes of giving evidence in a Pitcairn trial, a foreign prisoner—
a: be allowed to come to New Zealand from another country and be transported through New Zealand territory to a Pitcairn Court's premises; and
b: be held in a New Zealand prison while in New Zealand.
3: The Attorney-General may grant the request if satisfied—
a: that the request relates to a Pitcairn trial; and
b: that the foreign prisoner's attendance is sought for the purposes of giving evidence at that trial.
4: If, by granting the request under subsection (3), the Attorney-General gives authority to proceed, he or she—
a: may give the authority subject to any conditions he or she thinks fit; and
b: must make any arrangements that may be necessary to facilitate, in accordance with this Act,—
i: the entry of the foreign prisoner to New Zealand; and
ii: the transportation of the foreign prisoner through New Zealand territory to the Pitcairn Court's premises. 1992 No 86 s 12
50: Custody of foreign prisoner
1: A foreign prisoner who is in New Zealand under section 49
2: A direction under subsection (1) in respect of a foreign prisoner is sufficient authority for the detention of that foreign prisoner in accordance with the terms of that direction.
3: If, under subsection (1), a foreign prisoner in New Zealand under section 49
a: the direction has effect as if it were an order of a New Zealand court remanding the foreign prisoner in custody for an offence against the law of New Zealand; and
b: New Zealand law applies to the foreign prisoner while he or she is liable to be detained in a prison under the direction, except as provided in section 18
4: The Minister must direct that a foreign prisoner must be released from custody if he or she is being held in custody under a direction under subsection (1) and the Governor requests that the foreign prisoner be released from custody.
5: On giving a direction under subsection (4), the Minister must give the Minister of Immigration notice of the direction.
6: A direction under subsection (4) has effect 48 hours after it is given.
7: The Minister must make any arrangements that may be necessary to facilitate, in accordance with this Act, the foreign prisoner's transfer to the Pitcairn Court's premises and between a prison and the Pitcairn Court's premises. 1992 No 86 ss 15(1)–(3) 16
51: Protections for overseas Pitcairn witnesses
1: A person who is an overseas Pitcairn witness (whether a foreign prisoner or not) and who comes to New Zealand under a request under section 48 section 49
a: must not be detained, prosecuted, or punished while in New Zealand for an offence against New Zealand law that is alleged to have been, or that was, committed before the person's arrival in New Zealand under the request; and
b: must not be subjected to any civil proceedings in New Zealand in respect of an act or omission that is alleged to have occurred, or that occurred, before the person's arrival in New Zealand under the request, being civil proceedings to which the person could not be subjected if he or she were not in New Zealand; and
c: must not be subjected to any measure under New Zealand law that may affect the giving of evidence by the person in a Pitcairn trial freely and independently.
2: Subsection (1) does not apply to a Pitcairn witness who—
a: has left New Zealand and then returns otherwise than under the same or a later request relating to a Pitcairn trial; or
b: has had the opportunity to leave, but has remained in, New Zealand.
3: To avoid doubt, nothing in this section applies to a Pitcairn witness who is present in New Zealand when the Attorney-General receives a request under section 52 1992 No 86 s 17
52: Request for person in New Zealand to attend at Pitcairn Court's premises and give evidence
1: This section applies to a Pitcairn witness who is present in New Zealand, whether he or she is at large in New Zealand or in custody in a New Zealand prison in relation to an offence against New Zealand law or an offence against Pitcairn law.
2: If the Governor requests that the Pitcairn witness attend before a Pitcairn Court at the Pitcairn Court's premises and give evidence in a Pitcairn trial,—
a: the request must be dealt with under Part 3
b: sections 31 to 38 40 to 42
3: The Attorney-General may seek from the Governor—
a: an undertaking that, while a Pitcairn witness who is a New Zealand prisoner is present in the Pitcairn Court's premises, that prisoner will not be released from custody without the prior consent in writing of the Attorney-General:
b: an undertaking as to any other matters that the Attorney-General thinks appropriate in the circumstances. 1992 No 86 s 39(d), (e) Other assistance in relation to Pitcairn trial
53: Requests for other assistance also to be dealt with under Mutual Assistance in Criminal Matters Act 1992
1: If Pitcairn seeks assistance from New Zealand in relation to a Pitcairn trial that is not assistance of the kind referred to in section 52
a: a request for that assistance may be made by the Governor to the Attorney-General; and
b: the request must be dealt with under the Mutual Assistance in Criminal Matters Act 1992
2: For the purposes of subsection (1)﻿(b), the Mutual Assistance in Criminal Matters Act 1992 Requests from third countries relating to certain overseas persons
54: Restriction on extradition of, or mutual assistance in criminal matters involving, certain overseas persons
1: Subsection (2) applies to a person who is—
a: an overseas Pitcairn accused, overseas Pitcairn offender, or overseas Pitcairn witness; and
b: in New Zealand in connection with a Pitcairn trial.
2: The person may be extradited from New Zealand to another country, or involved in the provision of assistance to another country, under either of the following Acts only with the prior consent in writing of the Governor:
a: Extradition Act 1999
b: Mutual Assistance in Criminal Matters Act 1992
3: In subsection (2), another country
3: Enforcement of Pitcairn sentences and hospital orders
Applying for and making enforcement orders
55: Request for enforcement in New Zealand of Pitcairn sentence or hospital order
1: The Governor may ask the Minister to agree to enforce a Pitcairn sentence or hospital order in New Zealand, and to make an enforcement order accordingly.
2: The request must be in writing, must include the information referred to in Article 18(3)
3: If, for any reason, New Zealand wishes to enforce a Pitcairn sentence or hospital order, the Attorney-General may invite the Governor to make a request to the Minister under subsection (1).
4: A single request may be made in respect of any Pitcairn sentence or sentences to which an offender is subject.
56: Decision on request for enforcement
1: On receipt of a request for enforcement of a Pitcairn sentence or hospital order, the Minister must consult with,—
a: in all cases, the Attorney-General, the Minister of Corrections, the Minister for Courts, the Minister of Foreign Affairs and Trade, and the Minister of Police; and
b: the Minister of Immigration, but only in the case of a person who is not a New Zealand citizen; and
c: the Minister of Health, but only in the case of a person who is subject to a hospital order.
2: The Minister may seek from the Governor any information of the kind referred to in Article 18(4)
3: The Minister may propose conditions of enforcement (as described in section 57
4: The Minister may agree to enforce a Pitcairn sentence or hospital order in New Zealand only if satisfied that—
a: the sentence or order is of a kind that, either on its own or in combination with any other sentence or order to which the offender is subject, is reasonably capable of being enforced in New Zealand; and
b: the person to whom the sentence or order relates has given free and informed consent to the enforcement of the sentence or order in New Zealand, in full knowledge of any conditions of enforcement that will apply and of the legal consequences of the enforcement order; and
c: the Governor consents to any conditions of enforcement proposed by the Minister; and
d: it is appropriate in all the circumstances that the Minister agrees to enforce the sentence or order.
5: The consent referred to in subsection (4)﻿(b) may, if the Governor or the Minister considers it necessary in view of the person's age, or physical or mental condition, be given by a person acting on behalf of the person.
57: Conditions of enforcement
1: The Minister may propose, and the Governor may agree to, any conditions of enforcement, including (without limitation) conditions—
a: that clarify or modify aspects of any Pitcairn sentence or hospital order to which the offender is subject, so that it can be enforced in New Zealand in a manner that is consistent with how an equivalent New Zealand sentence or order would be enforced:
b: that specify that certain sentences to which the offender is subject will not be enforced in New Zealand:
c: that specify circumstances in which an enforcement order relating to particular sentences may or will be cancelled.
2: Despite subsection (1), the Minister may not propose, as a condition of enforcement,—
a: the alteration of the term of a sentence of imprisonment, the period of supervision, or the number of hours of community work, specified in a sentence imposed by the Pitcairn Court; or
b: a condition that is inconsistent with a provision of this Act.
58: Making enforcement orders
1: If the Minister agrees to enforce a Pitcairn sentence or hospital order in New Zealand, the Minister must make an enforcement order.
2: Despite agreeing to enforce a Pitcairn sentence or hospital order, the Minister may postpone making an enforcement order pending the outcome of any appeal that could affect the sentence or order.
3: A copy of every enforcement order must be sent to—
a: the Governor; and
b: the Commissioner of Police; and
c: the chief executive of the Department of Corrections; and
d: the chief executive of the Department of Labour, but only in the case of a person who is not a New Zealand citizen; and
e: the Director of Mental Health, but only in the case of a person who is subject to a hospital order.
4: Every enforcement order must—
a: set out any applicable conditions of enforcement; and
b: state whether or not the person is a New Zealand citizen; and
c: if regulations made under section 15
5: The date of the enforcement order is the date specified in the order.
59: Notification that enforcement order will not be made
If any of the following occurs, the Minister must immediately give notice to the people listed in section 58(3)﻿(a) to (e)
a: the Minister is advised by the Governor that an enforcement order will not be sought in relation to the sentence or order:
b: the Minister declines a request to enforce a Pitcairn sentence or hospital order:
c: 28 days have elapsed since the Pitcairn sentence or order was imposed or made and the Minister has not received a request for enforcement of the sentence or order. Status of persons pending decisions about enforcement orders
60: Status of offender between sentencing and decision on enforcement order
1: When a Pitcairn offender is sentenced by a Pitcairn Court, the offender must be detained in custody, for the period determined under subsection (4) or subsection (5), as if he or she were remanded in custody between conviction and sentence; and New Zealand law applies to the offender, except as provided in section 18
2: The Pitcairn warrant of commitment, supervision order, or community work order (as the case may be) relating to the sentence is sufficient authority for the detention under this section of the offender who is subject to the sentence.
3: Despite subsection (1), the Minister may order the release (subject to any conditions that the Minister thinks fit) of an offender who is liable to be detained under this section but who is subject only to a community-based sentence.
4: An offender ceases to be liable to be detained under this section with respect to a particular sentence on whichever of the following dates first applies:
a: the date on which the chief executive of the Department of Corrections receives notice from the Minister that an enforcement order in respect of that sentence will not be made:
b: the date that is 28 days after the sentence was imposed, unless the chief executive of the Department of Corrections is advised that a request for enforcement has been made, in which case paragraph (c) applies:
c: the date that is 3 months after the sentence was imposed, unless, before that date,—
i: an enforcement order is made with respect to the sentence (in which case the offender ceases to be liable to detention under this section and commences serving his or her sentence under the enforcement order); or
ii: an order is made under subsection (5).
5: By order under this subsection, the Minister may extend by a further 3 months the period referred to in subsection (4)﻿(c), but only if—
a: the offender has appealed to a Pitcairn Court against a conviction or sentence; and
b: the Minister considers that the making of the enforcement order, or the decision on whether to enforce the sentence, ought to be delayed pending the outcome of the appeal.
6: The Minister may make an order under subsection (5) only once in respect of a particular sentence.
61: Status of person subject to hospital order between making of order and decision on enforcement order
1: When a Pitcairn Court makes a hospital order in relation to a person, the person must be detained in a hospital as if the person were a special patient (as defined in section 2(1)
a: in the case of a person who has been found by the Pitcairn Court to be unfit to plead, is subject to an order under section 115(1)﻿(a) section 108(1)
b: in the case of a person who has been acquitted by the Pitcairn Court on the grounds of insanity, is subject to an order under section 115(1)﻿(b)
2: New Zealand law applies to a person detained under this section, except as provided in section 18
3: The hospital order made by the Pitcairn Court is sufficient authority for the detention of the person under this section as a special patient.
4: A person who is subject to a hospital order may not be detained under this section beyond whichever of the following dates first applies:
a: the date on which the Director of Mental Health receives notice under section 59
b: 28 days after the order was made, unless the Director of Mental Health is advised that a request for enforcement has been made, in which case paragraph (c) applies:
c: 3 months after the order was made unless, before that date,—
i: an enforcement order is made with respect to the order (in which case the offender ceases to be detained under this section and commences detention under the enforcement order instead); or
ii: an order is made under subsection (5).
5: By order made under this subsection, the Minister may extend by a further 3 months the period referred to in subsection (4)﻿(c), but only if—
a: the person has appealed to a Pitcairn Court against the hospital order; and
b: the Minister considers that the making of the enforcement order, or the decision on whether to enforce the order, ought to be delayed pending the outcome of the appeal.
6: The Minister may make an order under subsection (5) only once in respect of a particular hospital order. What happens if enforcement order not to be made
62: Detention and removal if enforcement order will not be made
1: If the Minister gives notice under section 59
2: An order under this section is an order—
a: for the continued detention, for up to 28 days, of a person who is detained at the time the order is made; or
b: in respect of a person who is at large under an order made under section 60(3)
3: With respect to a person referred to in subsection (2)﻿(b), the Minister may issue a notice for the person's apprehension; and after the notice is issued any member of the New Zealand Police may, whether or not the member has possession of the notice, apprehend the person for the purpose of returning him or her to detention.
4: New Zealand law applies to a person detained under this section, except as provided in section 18
5: No person may be detained under an order made under this section for more than 28 days, but the person may be released before the expiry of 28 days if, upon release, the person is taken into the custody of—
a: a member of the New Zealand Police or an authorised person
b: a person who is exercising powers under the Immigration Act 2009
6: An order under this section also authorises any member of the New Zealand Police or any authorised person to do all or any of the following in respect of a person who is subject to an order under this section:
a: hold the person in custody during transit to the point of departure from New Zealand:
b: hold the person in custody at the point of departure pending removal from New Zealand:
c: escort the person out of New Zealand.
7: Without limiting subsections (2) to (6), the Minister must make any arrangements that may be necessary to facilitate the removal from New Zealand (other than under the Immigration Act 2009 Section 62(5)﻿(b) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 62(7) amended 29 November 2010 section 406(1) Immigration Act 2009 Enforcing Pitcairn sentences and hospital orders
63: Effect of enforcement order
1: An enforcement order is authority for the enforcement in New Zealand of a Pitcairn sentence or hospital order and, in particular,—
a: an enforcement order for the enforcement of a sentence of imprisonment has effect in New Zealand as a New Zealand warrant of commitment for imprisonment for the term specified by the Pitcairn Court and, if applicable, as a New Zealand order for minimum period of imprisonment for the period specified by the Pitcairn Court:
b: an enforcement order for the enforcement of a sentence of supervision has effect in New Zealand as a New Zealand order for sentence of supervision for the period specified by the Pitcairn Court:
c: an enforcement order for the enforcement of a sentence of community work has effect in New Zealand as a New Zealand order for sentence of community work for the number of hours specified by the Pitcairn Court:
d: an enforcement order in respect of a person who has been found unfit to plead has effect in New Zealand as if the person were subject to an order under section 115(1)﻿(a) section 108(1)
e: an enforcement order in respect of a person who has been found not guilty on the grounds of insanity has effect in New Zealand as an order made under section 115(1)﻿(b)
2: Every Pitcairn sentence and hospital order to which an enforcement order relates must be enforced as far as possible as if the sentence or order, along with any conditions or directions associated with it, had been imposed or made by a New Zealand court, subject only to any modifications required by this Act or the conditions of enforcement (as provided in section 57
3: Despite subsection (1)﻿(b), if an application is made under section 54(1) or (2)
a: refer the matter to the Pitcairn Court for determination; and
b: suspend the sentence pending the decision of that Court and any necessary amendment or cancellation of the relevant enforcement order.
4: Despite subsection (1)﻿(c), if an application is made under section 68(1) or (2)
a: refer the matter to the Pitcairn Court for determination; and
b: suspend the sentence pending the decision of that Court and any necessary amendment or cancellation of the relevant enforcement order.
64: New Zealand law applies subject to specified exceptions
1: The law of New Zealand applies to every person who is subject to an enforcement order as if the person were serving a sentence imposed by a New Zealand court, or were subject to an order made by a New Zealand court (as the case may be).
2: Subsection (1) is subject to sections 18 63(3) and (4)
3: A Pitcairn offender or person subject to a hospital order may be removed from New Zealand to another country under either of the following Acts only with the prior consent in writing of the Governor:
a: Extradition Act 1999
b: Mutual Assistance in Criminal Matters Act 1992
4: For the avoidance of doubt, if a Pitcairn offender, while subject to an enforcement order, is sentenced in a New Zealand court for a New Zealand offence, the Pitcairn sentence that is the subject of the enforcement order is for all purposes to be treated as if it were a New Zealand sentence, and the Sentencing Act 2002 Parole Act 2002
5: For the purpose of determining, under the Parole Act 2002 section 91
a: detention overseas during any step in the Pitcairn trial of the offender, or in any associated extradition proceedings, as evidenced by a certificate, signed by the Governor, showing the number of days of that detention:
b: detention in a prison or hospital in New Zealand pursuant to a provision of this Act, if that detention is not, or may not be, already treated as pre-sentence detention under the Parole Act 2002
6: Subsection (5) applies, with all necessary modifications, for the purpose of determining the maximum period of detention (as described in section 116
65: Amending and cancelling enforcement orders
1: On receiving notice from a Pitcairn Court that the Court has done any of the things set out in subsection (2), the Minister must amend the relevant enforcement order in a manner that gives effect to the actions of the Pitcairn Court and may, if appropriate, cancel the enforcement order.
2: The things referred to in subsection (1) are—
a: that a Pitcairn Court has quashed or otherwise nullified the Pitcairn conviction to which the sentence referred to in the enforcement order relates:
b: that a Pitcairn Court has amended the Pitcairn sentence to which the enforcement order relates:
c: that a Pitcairn Court has amended or cancelled the hospital order to which the enforcement order relates.
3: In subsection (2), a reference to a Pitcairn Court includes a reference to a court sitting outside New Zealand to which the conviction, sentence, or order of a Pitcairn Court has been appealed.
4: If, through the exercise of the prerogative of mercy under Pitcairn law, a sentence that is subject to an enforcement order is affected, the Minister must give effect to the change by amending or cancelling the enforcement order accordingly.
5: The Minister may also cancel an enforcement order in any of the following situations:
a: the enforcement order specifies circumstances in which it may be cancelled and the Minister is satisfied that those circumstances apply:
b: the person to whom the order relates is still detained and the Governor requests that the order be cancelled on the grounds that the Pitcairn sentence or hospital order is to be enforced elsewhere than in New Zealand:
c: the Governor requests that the order be cancelled and the Minister is satisfied that, in all the circumstances, the order ought to be cancelled.
6: The termination of the Agreement does not, in itself, affect any enforcement order.
66: Expiry of enforcement orders
1: An enforcement order in respect of an offender who is subject to a sentence of imprisonment expires on the date after the offender's release on which any release conditions to which he or she is subject cease to apply, unless subsection (5) applies.
2: An enforcement order in respect of an offender who is subject to a community-based sentence expires on the date specified by a probation officer in a notice to the chief executive of the Department of Corrections that identifies the date on which the offender has completed the community-based sentence.
3: An enforcement order in respect of a person who is subject to a hospital order expires,—
a: in the case of a person who was found by a Pitcairn Court to be unfit to plead, when the Attorney-General directs, under section 116
b: in the case of a person who was acquitted on the grounds of insanity, when the person is discharged under section 117
4: The fact that a person is still subject to an enforcement order does not, of itself, give the person a right to remain in New Zealand, and the person may be required under the Immigration Act 2009
5: If a person who is subject to an enforcement order is required under the Immigration Act 2009 Immigration Act 2009 Section 66(4) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 66(5) amended 29 November 2010 section 406(1) Immigration Act 2009
67: Notice of certain things to be given to Department of Labour
1: This section applies with respect only to a person who is subject to an enforcement order and who is not a New Zealand citizen (in this section referred to as an overseas person
2: The chief executive of the Department of Corrections must, as soon as practicable, advise the chief executive of the Department of Labour of—
a: the key dates and non-parole period (as determined under, and in accordance with, section 88
b: the actual or expected date on which an overseas person who is detained in prison or on home detention is or will be released from detention; and
c: the actual or expected date on which an overseas person who is subject to a community-based sentence finishes or will finish his or her sentence.
3: With respect to an overseas person who is subject to a sentence of imprisonment, the chief executive of the Department of Labour is deemed to be included in the list in section 43(2)
4: The person who is in charge of a hospital in which an overseas person is detained must give notice to the chief executive of the Department of Labour, as soon as practicable, of the date on which the overseas person ceases, or will cease, to be a special patient.