Crimes of Torture Act 1989 No 106 (as at 01 July 2009), Public Act

11 Restrictions on surrender
  • (1) Without limiting the grounds on which surrender must or may be refused under the Extradition Act 1999, a Court in New Zealand must not order the surrender, or the detention for the purposes of surrender, of a person to another country in respect of an act or omission that amounts to a crime against subsection (1) or subsection (2) of section 3 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 (2) 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 11 was substituted, as from 1 September 1999, by section 111 Extradition Act 1999 (1999 No 55).