Reprint as at 5 December 2013

Extradition Act 1999

Public Act1999 No 55
Date of assent20 May 1999
Commencementsee section 1(2)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.


Contents

Title

1 Short Title and commencement

Part 1
Preliminary provisions

Interpretation

2 Interpretation

3 Meaning of extraditable person

4 Meaning of extradition offence

5 Interpretation provisions relating to offences

Application of Act

6 Application of Act

Restrictions on surrender

7 Mandatory restrictions on surrender

8 Discretionary restrictions on surrender

9 Application of sections 7 and 8

Act binds the Crown

10 Act binds the Crown

Construction of treaties

11 Construction of extradition treaties

Part 2
Object of this Act

12 Object of this Act

Part 3
Extradition from New Zealand to certain treaty countries and certain Commonwealth and other countries

Application of this Part

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

Exempted countries

17 Exempted countries

Extradition proceedings

18 Request for surrender

19 Minister may request issue of arrest warrant

20 Provisional arrest warrant may be issued

21 Notice to Minister

22 Powers of court

23 Procedure following arrest

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

Surrender by consent

28 Surrender by consent

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

31 Surrender order

32 Further provisions relating to surrender order

33 Temporary surrender to extradition country

34 Request for return after temporary surrender

Discharge of person

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

Application of this Part

39 Application of this Part

Designated countries

40 Designated countries

Extradition proceedings

41 Endorsement of warrant issued in extradition country

42 Issue in New Zealand of provisional arrest warrant

43 Powers of court

44 Procedure following arrest

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

50 Surrender order

51 Further provisions relating to surrender order

52 Detention in place other than prison

Surrender by consent

53 Surrender by consent

Temporary surrender

54 Temporary surrender to extradition country

55 Request for return after temporary surrender

Discharge of person

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

69 Application to appeal of Bail Act 2000 and Criminal Procedure Act 2011

70 Custody pending determination of appeal

71 Waiver of rights to apply for habeas corpus or to lodge appeal

72 Powers of court on 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 Evidence taken in New Zealand for use overseas

80 Effect of certain certificates

81 Order in Council evidence of terms of treaty

Part 10
Search and seizure

82 Search and seizure on arrest

83 Search warrants

84 Form and content of search warrant [Repealed]

85 Powers conferred by warrant [Repealed]

86 Power to stop vehicles [Repealed]

87 Person executing warrant to produce evidence of authority [Repealed]

88 Notice of execution of warrant [Repealed]

Return of property

89 Return of property

Part 11
Provisions relating to presence of persons in New Zealand and removal of persons from New Zealand

90 Transit

91 Immigration visa not required

92 Return of person

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

96 Removal order

97 New Zealand citizens

Part 12
Miscellaneous provisions

98 Persons in custody

99 Priority of requests

Provisions in treaties

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

Regulations

102 Regulations

103 Rules relating to appeals

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

Amendments and repeals

110 United Kingdom Orders in Council that cease to have effect in New Zealand

111 Acts amended

112 Repeals

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

Schedule 3
Acts amended

Reprint notes


An Act to consolidate and amend the law relating to the extradition of persons to and from New Zealand