Mutual Assistance in Criminal Matters Act 1992 No 86 (as at 17 October 2009), Public Act

15 Custody of foreign prisoners
  • (1) Where—

    • (a) A person who is to be brought to New Zealand from a foreign country pursuant to a request made under section 12(1) of this Act is a foreign prisoner; and

    • (b) That foreign country requests that the person be kept in custody while he or she is in New Zealand,—

    that person shall, while that person is in New Zealand or is travelling to or from New Zealand pursuant to the request, be kept in such custody as the Minister directs in writing.

    (2) A direction given pursuant to subsection (1) of this section in respect of any foreign prisoner shall be sufficient authority for the detention of that person in accordance with the terms of the direction.

    (3) Where, pursuant to subsection (1) of this section, a foreign prisoner who is in New Zealand pursuant to a request made under section 12(1) of this Act is directed to be detained in a prison, the Corrections Act 2004, so far as applicable and with all necessary modifications, shall apply with respect to that foreign prisoner as if he or she were a person who has been sentenced to imprisonment for an offence against the law of New Zealand and is liable to be detained in a prison under such a sentence.

    (4) Where the Attorney-General is satisfied, in respect of a foreign prisoner who is in New Zealand pursuant to a request made under section 12(1) of this Act, that the attendance of that person in New Zealand is no longer necessary for the purpose to which the request relates, the Attorney-General may order, in writing, that the person be removed from New Zealand, and such an order shall be sufficient authority for that person's removal from New Zealand by such means as the Attorney-General directs.

    Compare: Mutual Assistance in Criminal Matters Act 1987 (Aust), ss 18, 22

    Subsection (3) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting prison for penal institution in both places they appeared. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

    Subsection (3) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting Corrections Act 2004 for Penal Institutions Act 1954. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).