101B Certain crimes with transnational aspects deemed to be included in extradition treaties

(1)

For the purposes of this Act and any Order in Council in force under section 15 or section 104, the following offences are deemed to be offences described in any extradition treaty concluded before the commencement of section 6 of the Extradition Amendment Act 2002 and for the time being in force between New Zealand and any foreign country that is a party to a convention or protocol referred to in subsection (5):

(a)

every offence against any of sections 98A, 98C, 98D, 100, 101, 102, 103, 104, 105, 116, 117, and 243 of the Crimes Act 1961:

(b)

every offence against any of sections 29A, 30, 30A, 31(1), 31(2), and 32 of the Passports Act 1992:

(c)

any offence against any enactment if—

(i)

it is punishable by imprisonment for a term of 4 years or more; and

(ii)

the offence for which extradition is requested is alleged to involve an organised criminal group (as defined in article 2(a) of the TOC convention); and

(iii)

the person whose extradition is sought is, or is suspected of being, in or on his or her way to the requested country.

(2)

A person whose surrender is sought from New Zealand in respect of an act that amounts to an offence deemed by subsection (1) to be an offence described in an extradition treaty is liable to be surrendered in accordance with this Act and the applicable extradition treaty, whether the act occurred before or after the commencement of section 6 of the Extradition Amendment Act 2002.

(3)

Subsection (2) does not apply in respect of an act that, had it occurred within the jurisdiction of New Zealand, would not, at the time that it occurred, have constituted an offence under New Zealand law.

(4)

A certificate under the hand of the Minister of Foreign Affairs and Trade that a foreign country is a party to the TOC convention, the migrants protocol, or the trafficking protocol is, in the absence of proof to the contrary, sufficient evidence of that fact.

(5)

For the purposes of this section,—

foreign country includes a territory—

(a)

for whose international relations the Government of a foreign country is responsible; and

(b)

to which the extradition treaty and (as the case may be) the migrants protocol, TOC convention, or the trafficking protocol, extend

migrants protocol means the Protocol against the Smuggling of Migrants, by Land, Sea and Air, supplementing the United Nations Convention Against Transnational Organised Crime, done at New York on 15 November 2000

TOC convention means the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000

trafficking protocol means the Protocol to Prevent, Suppress and Punish Trafficking of Persons, especially Women and Children, supplementing the United Nations Convention Against Transnational Organised Crime, done at New York on 15 November 2000.

Section 101B: inserted, by section 6 of the Extradition Amendment Act 2002 (2002 No 21).

Section 101B: brought into force, so far as it implements the TOC convention, on 29 September 2003, by clause 2 of the Extradition Amendment Act Commencement Order 2003 (SR 2003/238).

Section 101B: brought into force, so far as it implements the migrants protocol and trafficking protocol, on 1 January 2004, by clause 3 of the Extradition Amendment Act Commencement Order 2003 (SR 2003/238).

Section 101B(1)(a): amended, on 5 December 2013, by section 4 of the Extradition Amendment Act 2013 (2013 No 116).