New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 29 November 2010
| Public Act | 1999 No 55 |
| Date of assent | 20 May 1999 |
| Commencement | see section 1(2) |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Justice.
1 Short Title and commencement
3 Meaning of extraditable person
4 Meaning of extradition offence
5 Interpretation provisions relating to offences
7 Mandatory restrictions on surrender
8 Discretionary restrictions on surrender
9 Application of sections 7 and 8
11 Construction of extradition treaties
Part 3
Extradition from New Zealand to certain treaty countries and certain Commonwealth and other countries
13 Countries to which this Part applies
14 No treaty required for Commonwealth countries
15 Orders in Council in respect of treaties
16 Extradition to non-Commonwealth countries in absence of treaty
19 Minister may request issue of arrest warrant
20 Provisional arrest warrant may be issued
24 Determination of eligibility for surrender
25 Record of case may be submitted by exempted country at hearing
26 Procedure following court's determination of whether person eligible for surrender
27 Detention in place other than prison
Consent to surrender for offences that are not extradition offences
29 Consent to surrender for offences that are not extradition offences
Surrender and temporary surrender
30 Minister must determine whether person to be surrendered
32 Further provisions relating to surrender order
33 Temporary surrender to extradition country
34 Request for return after temporary surrender
35 Discharge of person if Minister declines to order surrender
36 Discharge of person if not surrendered within 2 months
37 Discharge of person if not resurrendered
Discharge of person does not preclude further proceedings
38 Discharge of person under this Part does not preclude further proceedings
Part 4
Extradition from New Zealand to Australia and designated countries
41 Endorsement of warrant issued in extradition country
42 Issue in New Zealand of provisional arrest warrant
45 Determination of eligibility for surrender
46 Procedure following court's determination of whether person eligible for surrender
47 Court must make surrender order immediately if case not referred to Minister
48 Referral of case to Minister in certain circumstances
49 Minister must determine if person to be surrendered if case referred
51 Further provisions relating to surrender order
52 Detention in place other than prison
54 Temporary surrender to extradition country
55 Request for return after temporary surrender
56 Discharge of person if Minister declines to order surrender
57 Discharge of person if not surrendered within 2 months
58 Discharge of person if person not resurrendered
Discharge of person does not preclude further proceedings
59 Discharge of person under this Part does not preclude further proceedings
Part 5
Extension of Act for individual requests
60 Extension of Act for individual requests
Part 6
Extradition to New Zealand
61 Request for surrender of person to New Zealand
62 Request for information about time spent in custody overseas
63 Surrendered person to be brought into New Zealand
64 Surrendered person not to be tried for previous offence in certain circumstances
65 Return of surrendered person if proceedings not commenced within 6 months
66 Person temporarily surrendered to New Zealand
Part 7
Procedure relating to surrender orders
67 Form and execution of surrender order or temporary surrender order
Part 8
Appeals against determinations in respect of eligibility for surrender
68 Appeal on question of law only by way of case stated
69 Application to appeal of certain provisions of Summary Proceedings Act 1957 and Bail Act 2000
70 Custody pending determination of appeal
71 Waiver of rights to apply for habeas corpus or to lodge appeal
73 Further provisions relating to powers of court on appeal
Part 9
Provisions relating to evidence
74 Evidence on behalf of person whose surrender is sought regarding restrictions on surrender
75 Depositions and official documents taken or made overseas
76 Admissibility of documentary hearsay evidence
77 Admission of documents under other enactment or rule of law in New Zealand not affected
78 Authentication of overseas documents
79 Depositions taken in New Zealand for use overseas
80 Effect of certain certificates
81 Order in Council evidence of terms of treaty
82 Search and seizure on arrest
84 Form and content of search warrant
85 Powers conferred by warrant
87 Person executing warrant to produce evidence of authority
88 Notice of execution of warrant
Part 11
Provisions relating to presence of persons in New Zealand and removal of persons from New Zealand
91 Immigration visa not required
93 Minister must make removal order or issue certificate
94 Certificate giving temporary authority for person to remain in New Zealand
95 Further provisions relating to certificate
Part 12
Miscellaneous provisions
100 Provisions relating to extradition offences that may be specified in treaties
101 Provision relating to surrender of New Zealand citizens
101A Treaties deemed to incorporate crimes
101B Certain crimes with transnational aspects deemed to be included in extradition treaties
Transitional and savings provisions
104 Orders in Council in effect on commencement of Act
105 Certain conditions in Extradition Act 1965 continue to apply
106 Warrants, orders, and proceedings under Fugitive Offenders Act 1881 (Imp) or Extradition Act 1965
107 Immigration Act 2009 not affected
108 Citizenship Act 1977 not affected
109 Arrest of deserters from other armed forces
110 United Kingdom Orders in Council that cease to have effect in New Zealand
Schedule 1
United Kingdom Orders in Council relating to extradition having effect in New Zealand at commencement of this Act
Schedule 2
United Kingdom Orders in Council relating to extradition that have ceased to have effect in New Zealand
An Act to consolidate and amend the law relating to the extradition of persons to and from New Zealand
