Extradition Act 1999

41 Endorsement of warrant issued in extradition country

• (1) If a warrant for the arrest of a person issued in an extradition country by a court or a Judge or other person having lawful authority under the law of the extradition country to issue it is produced to a District Court Judge, and the Judge is satisfied that—

  • (a) the person is, or is suspected of being, in New Zealand or on his or her way to New Zealand; and

  • (b) there are reasonable grounds to believe that—

    • (i) the person is an extraditable person in relation to the extradition country; and

    • (ii) the offence for which the arrest of the person is sought is an extradition offence,—

  the Judge may endorse the warrant in the prescribed form to authorise its execution in New Zealand.

  (2) A warrant endorsed under subsection (1) is sufficient authority for any constable to execute the warrant in accordance with this Part.

  Compare: Fugitive Offenders Act 1881 s 13 (Imp); Extradition Act 1988 s 28 (Aust)

  Section 41(1): amended, on 19 December 2002, by section 11 of the Extradition Amendment Act (No 2) 2002 (2002 No 64).

  Section 41(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).