35C Restrictions on surrender of offenders
  • (1) Without limiting the grounds on which surrender must or may be refused under the Extradition Act 1999, but subject to subsection (2), no court in New Zealand may order the surrender, or the detention for the purposes of surrender, of a person to another country in respect of any act or omission that amounts to an offence described in any of sections 6, 9, 10, 12A, 12AB, 12B, and 12C if the Attorney-General certifies that the case is being or is about to be considered to determine whether or not proceedings should be brought in New Zealand against that person in respect of the act or omission.

    (2) If, in any case to which subsection (1) applies, it is subsequently determined that proceedings should not be brought in New Zealand against the person in respect of the act or omission, the Attorney-General must advise the court accordingly, and the court must proceed with the matter as if the Attorney-General’s certificate had never been given.

    Section 35C: substituted, on 1 September 1999, by section 111 of the Extradition Act 1999 (1999 No 55).

    Section 35C(1): amended, on 22 June 2005, by section 18 of the Misuse of Drugs Amendment Act 2005 (2005 No 81).