Extradition Act 1999

54 Temporary surrender to extradition country

• (1) Subsection (2) applies if—

  • (a) the offence for which the person's surrender is sought is an offence of which the person is accused; and

  • (b) a court is satisfied that the person is eligible for surrender in relation to the offence or offences for which extradition is sought—

  but the person is liable to be detained in a prison because of a sentence of imprisonment imposed for an offence against the law of New Zealand.

  (2) If this subsection applies, the court must—

  • (a) issue a warrant for the detention of the person in a prison or other place authorised in accordance with section 52 of this Act or section 184T(3) of the Summary Proceedings Act 1957 pending the surrender of the person to the extradition country or the person's discharge according to law; and

  • (b) record in writing the extradition offence or extradition offences in relation to which the court has determined that the person is eligible for surrender; and

  • (c) send to the Minister a copy of the warrant of detention and the record made under paragraph (b), together with a copy of all other documents before the court in the case, and such report of the case as the court thinks fit,—

  and subsections (4), (5), (6), and (7) apply.

  (3) If,—

  • (a) in a case referred to the Minister under section 48, the Minister determines under section 49 that the person is to be surrendered; and

  • (b) the offence for which the person's surrender is sought is an offence of which the person is accused—

  but the person is liable to be detained in a prison because of a sentence of imprisonment imposed for an offence against the law of New Zealand, subsections (4), (6), and (7) apply.

  (4) The Minister may make a temporary surrender order in respect of the person if—

  • (a) the Minister is satisfied that it is in the interests of justice that an order be made under this section; and

  • (b) the Minister is satisfied that the extradition country has given satisfactory undertakings relating to—

    • (i) there taking place a trial of the person in the extradition country for any extradition offence of which the person is accused and in respect of which the person's surrender is sought; and

    • (ii) the return of the person to New Zealand; and

    • (iii) the custody of the person while travelling to and from and while in the extradition country; and

    • (iv) other matters (if any) that the Minister thinks appropriate; and

  • (c) in a case to which subsection (2) applies, the Minister determines in accordance with the grounds set out in subsections (2) to (4) of section 30 that the person is to be surrendered.

  (5) For the purposes of making a determination under subsection (4)(c), the Minister may seek any undertakings from the extradition country that the Minister thinks fit.

  (6) If a person who is subject to a sentence of imprisonment is released from a New Zealand prison under a temporary surrender order made under this section, so long as the person is in custody in connection with the request (including custody outside New Zealand), the person is deemed to be continuing to serve that sentence.

  (7) If, while a person is in the extradition country under the temporary surrender order, the person ceases to be liable to be detained in New Zealand, the Minister must inform the extradition country that the undertakings referred to in subsection (4)(b) are no longer required to be complied with.

  Compare: 1992 No 86 s 41; Extradition Act 1988 s 36(1), (5) (Aust)

  Section 54(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

  Section 54(2)(a): amended, on 29 June 2009, by section 18 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).

  Section 54(2)(a): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

  Section 54(3): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

  Section 54(6): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).