Part 11 Provisions relating to presence of persons in New Zealand and removal of persons from New Zealand

90 Transit

(1)

This section applies to a person (the transferee) who is being transported in custody to any country to which Part 3 or Part 4 applies (the extraditing country) from any other country for the purpose of being surrendered to the extraditing country.

(2)

A transferee may be transported through New Zealand for the purpose of being surrendered to the extraditing country.

(3)

If the aircraft or ship that transports a transferee lands or calls at any place in New Zealand,—

(a)

the person holding the transferee in custody before the landing or call is made may hold the transferee in custody at the place or in Police custody for a period not exceeding 24 hours; and

(b)

a court may, on the application of a constable, order that the transferee be held in custody for such period or periods as the court considers reasonably necessary to facilitate the transporting of the transferee.

(4)

If—

(a)

a person is being held in custody in accordance with an order made by a court under subsection (3); and

(b)

the person’s transportation is not, in the opinion of the Minister, continued within a reasonable time,—

the Minister must make a removal order under section 96.

Compare: 1992 No 86 s 42(1)–(3); Extradition Act 1988 s 48 (Aust)

Section 90(3)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).