Part 1 Preliminary provisions

Interpretation

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

Attorney-General means the Attorney-General of New Zealand

country includes any State, territory, province, or other part of a country

deposition includes—

(a)

an affidavit or statement made on oath:

(b)

an affidavit or statement made by affirmation where that is allowed or required by the law of the country in which the affidavit or statement is made:

(c)

a statement made before any court or judicial authority if, under the law of the country in which it is made, a person making such a statement falsely is liable to punishment

designated country means a country in respect of which there is in force an Order in Council made under section 40 that provides that Part 4 applies to that country

exempted country means any country to which Part 3 applies and in respect of which there is in force an Order in Council made under section 17

extraditable person has the meaning given to it in section 3

extradition country means,—

(a)

in this Part, Part 2, and Parts 7 to 12, any country to which Part 3 or Part 4 applies:

(b)

in Part 3, any country to which that Part applies under section 13:

(c)

in Part 4, any country to which that Part applies under section 39:

(d)

in Part 6, a country that surrenders a person to New Zealand;—

but does not include New Zealand

extradition offence has the meaning given to it in section 4

extradition treaty or treaty

(a)

means any treaty or agreement for the time being in force between New Zealand and any country or countries for the surrender of persons accused or convicted of offences; and

(b)

includes a treaty described in paragraph (a) that applies in respect of part only of a country

hospital means a hospital as defined in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992

Minister means the Minister of Justice

offence includes an offence relating to revenue (including taxation and customs and excise duties) or foreign exchange controls

penalty does not include any penalty consisting of the payment of money or the forfeiture of property

prison means a prison established or deemed to be established under the Corrections Act 2004

provisional arrest warrant means,—

(a)

in relation to Part 3, a warrant issued under section 20:

(b)

in relation to Part 4, a warrant issued under section 42

sentence of imprisonment includes, in relation to New Zealand, a sentence of preventive detention

warrant includes any judicial document authorising the arrest of a person.

(2)

References in this Act to the law of any country include references to the law of any part of that country.

(3)

In this Act, a reference to an offence of a political character does not include—

(a)

an offence—

(i)

that is constituted by conduct of a kind referred to in a multilateral treaty to which New Zealand is a party; and

(ii)

for which parties have an obligation to extradite or prosecute; or

(b)

any offence in relation to which New Zealand has agreed in writing with another country that the offence will not be treated as a political offence for the purposes of extradition between New Zealand and that country.

(4)

For the purposes of section 33(1) and section 54(1) and 54(3), a person is not liable to be detained in a prison if the person is—

(a)

subject to a suspended sentence of imprisonment that has not been activated; or

(b)

on parole, home detention, or compassionate release, or is subject to release conditions, under Part 1 of the Parole Act 2002; or

(ba)

subject to a sentence of home detention imposed under section 80A of the Sentencing Act 2002; or

(c)
[Repealed]

(d)

at large under section 62 of the Corrections Act 2004; or

(e)

subject to a community-based sentence (within the meaning of section 4(1) of the Sentencing Act 2002).

Compare: 1965 No 44 s 2

Section 2(1) penal institution: repealed, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 2(1) prison: inserted, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 2(4): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 2(4)(b): substituted, on 30 June 2002, by section 125 of the Parole Act 2002 (2002 No 10).

Section 2(4)(ba): inserted, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

Section 2(4)(c): repealed, on 30 June 2002, by section 125 of the Parole Act 2002 (2002 No 10).

Section 2(4)(d): amended, on 1 June 2005, pursuant to section 206 of the Corrections Act 2004 (2004 No 50).

Section 2(4)(e): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).