(1) For the purposes of the Extradition Act 1999 and any Order in Council in force under section 15 or section 104 of that Act, every offence described in any of sections 6, 9, 12A, 12AB, 12B, and 12C (including attempting or conspiring to commit that offence, aiding, abetting, inciting, counselling, or procuring any person to commit that offence) and every offence described in section 10, if not already described in the treaty, is to be treated as being an offence described in any extradition treaty concluded before the commencement of this section and for the time being in force between New Zealand and any foreign country which is a party to the Vienna Convention.
(2) When subsection (1) requires any offence to be treated as being an offence described in an extradition treaty, a person whose surrender is sought under the Extradition Act 1999 in respect of an act or omission which amounts to that offence is liable to be surrendered in accordance with the provisions of that Act, whether the act or omission occurred before or after the date on which the offence became, by virtue of subsection (1), an offence described in the extradition treaty.
(3) This section does not apply in respect of an act or omission that, had it occurred within the jurisdiction of New Zealand, would not at that time have constituted an offence under New Zealand law.
(4) For the purposes of this section, foreign country includes any territory for whose international relations the Government of a foreign country is responsible and to which the extradition treaty and the Vienna Convention extend.
Section 35A: inserted, on 16 March 1999, by section 10 of the Misuse of Drugs Amendment Act 1998 (1998 No 14).
Section 35A(1): amended, on 22 June 2005, by section 17 of the Misuse of Drugs Amendment Act 2005 (2005 No 81).
Section 35A(1): amended, on 1 September 1999, by section 111 of the Extradition Act 1999 (1999 No 55).
Section 35A(2): amended, on 1 September 1999, by section 111 of the Extradition Act 1999 (1999 No 55).
Section 35A(3): substituted, on 1 September 1999, by section 111 of the Extradition Act 1999 (1999 No 55).