Extradition Act 1999

18 Request for surrender

• (1) A request by an extradition country for the surrender of a person who—

  • (a) is an extraditable person in relation to that country; and

  • (b) is, or is suspected of being, in New Zealand or on his or her way to New Zealand,—

  must be transmitted to the Minister of Justice.

  (2) The request must be made—

  • (a) by a diplomatic or consular representative, or a Minister, of the country that seeks the person's surrender; or

  • (b) by such other means as is prescribed in a treaty (if any) in force between New Zealand and the extradition country or in any undertakings between New Zealand and the extradition country.

  (3) The request must be accompanied by duly authenticated supporting documents.

  (4) In this section, supporting documents, in relation to an extradition offence, means,—

  • (a) if the offence is an offence of which the person is accused,—

    • (i) a warrant for the arrest of the person for the offence issued in the extradition country by a court or a Judge or other person having authority under the law of the extradition country to issue it; or

    • (ii) a copy of such a warrant:

  • (b) if the offence is an offence of which the person has been convicted, such documents as provide evidence of—

    • (i) the conviction; and

    • (ii) the sentence imposed or the intention to impose a sentence (where relevant); and

    • (iii) the extent to which a sentence imposed has not been carried out (where relevant):

  • (c) in the case of any offence, a written deposition setting out—

    • (i) a description of, and the penalty applicable in respect of, the offence; and

    • (ii) the conduct constituting the offence.

  Compare: 1965 No 44 s 6(1); Extradition Act 1988 s 19(3) (Aust)

  Section 18(1): amended, on 19 December 2002, by section 4(1) of the Extradition Amendment Act (No 2) 2002 (2002 No 64).

  Section 18(4)(a)(i): substituted, on 19 December 2002, by section 4(2) of the Extradition Amendment Act (No 2) 2002 (2002 No 64).