(1) In this Act, extradition offence means, subject to an extradition treaty,—
(a) in relation to an extradition country, an offence punishable under the law of the extradition country for which the maximum penalty is imprisonment for not less than 12 months or any more severe penalty, and which satisfies the condition in subsection (2):
(2) The condition referred to in subsection (1)(a) is that if the conduct of the person constituting the offence in relation to the extradition country, or equivalent conduct, had occurred within the jurisdiction of New Zealand at the relevant time it would, if proved, have constituted an offence punishable under the law of New Zealand for which the maximum penalty is imprisonment for not less than 12 months or any more severe penalty.
(3) For the purposes of determining whether the condition in subsection (2) is satisfied in relation to a particular application for surrender of a person, the relevant time referred to in subsection (2) is the time at which the conduct is alleged to have occurred.
(4) In determining the maximum penalty for an offence against the law of any foreign country for which no statutory penalty is imposed, regard must be had to the level of penalty that can be imposed by a court for the offence.
Section 4(1)(a): amended, on 19 December 2002, by section 3(1)(a) of the Extradition Amendment Act (No 2) 2002 (2002 No 64).
Section 4(1)(a): amended, on 19 December 2002, by section 3(1)(b) of the Extradition Amendment Act (No 2) 2002 (2002 No 64).
Section 4(1)(b): amended, on 19 December 2002, by section 3(2) of the Extradition Amendment Act (No 2) 2002 (2002 No 64).