(1) The Governor-General may from time to time, by Order in Council, made on the recommendation of the Minister, declare that any Commonwealth or non-Commonwealth country specified in the order is a designated country and apply this Part to that country subject to such limitations, conditions, exceptions, or qualifications as may be specified in the order.
(2) If, after the commencement of this Act, an extradition treaty is concluded between New Zealand and another country (including a treaty that amends or is in substitution for an earlier extradition treaty in force between New Zealand and that country), the Governor-General may, by Order in Council, made on the recommendation of the Minister, declare that the country (or, if the treaty applies in respect of part only of the country, that part of the country) is a designated country.
(3) The Minister must not recommend the making of an Order in Council under subsection (1) or subsection (2) unless the Minister is satisfied that—
(a) the circumstances in which a person may be arrested in the country in relation to—
(being an offence for which the maximum penalty is imprisonment for not less than 12 months or any more severe penalty) are similar in effect to the circumstances in which such a person could be arrested in New Zealand if the alleged offence occurred within the jurisdiction of New Zealand or the person had been convicted in New Zealand; and
(b) a person who is accused or convicted of an offence in New Zealand that is an extradition offence in relation to New Zealand and the other country may, if found in that country or within the jurisdiction of that country, be returned to New Zealand; and
(c) if a person accused or convicted of an extradition offence in the country is surrendered by New Zealand, that person cannot be detained or tried in that country for any offence committed, or alleged to have been committed, before the person's surrender, other than the offence to which the request for the person's surrender relates or any offence carrying the same or a lesser maximum penalty of which the person could be convicted upon proof of the facts upon which that request was based, unless—
(d) if a person accused or convicted of an offence in the country (in this subsection the designated country) is surrendered by New Zealand, that person cannot be detained in the designated country for the purpose of being surrendered to any other country for trial or punishment for any offence committed, or alleged to have been committed, before the person's surrender to the designated country, including the offence to which the original request relates and any other offence of which the person could be convicted on proof of the facts on which that request was based, unless—
(4) Subsection (3) does not limit the Minister's discretion to consider any other matters that the Minister thinks fit in relation to recommending or not recommending the making of an Order in Council under subsection (1) or subsection (2).
(5) An Order in Council made under subsection (1) or subsection (2) may provide that if a person whose surrender is sought is a New Zealand citizen a court must not refer the proceedings to the Minister under section 48(1)(a).
(6) If an extradition treaty is in force between New Zealand and the country,—
Section 40(2): amended, on 18 June 2002, by section 4 of the Extradition Amendment Act 2002 (2002 No 21).