Pitcairn Trials Act 2002 No 83 (as at 29 November 2010), Public Act

Reprint as at 29 November 2010

Pitcairn Trials Act 2002

Public Act2002 No 83
Date of assent24 December 2002
Commencementsee section 2

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Foreign Affairs and Trade.


Contents

1 Title

Part 1
General provisions

Preliminary provisions

2 Commencement

3 Purpose of this Act

4 Interpretation

5 Trial defined

6 Requests that trials that are not specified investigations trials be allowed to take place in New Zealand

7 Part only of Pitcairn trial may take place in New Zealand

8 Act binds the Crown

9 Obligations under Agreement or this Act

Entry to and removal from New Zealand

10 Limited visas under Immigration Act 2009 for certain participants in trials

11 Persons referred to in section 10(2)(a)

12 Purposes referred to in section 10(2)(d)

13 Expiry of limited visa and liability for deportation may be effective immediately upon giving or service of notice

Relationship with certain Acts

14 Use or application of certain Acts not limited or affected

Regulations

15 Regulations

Part 2
Trials

Sittings in New Zealand of Pitcairn Courts

16 Pitcairn Courts may sit in New Zealand

17 Pitcairn law applies in every Pitcairn trial in New Zealand

18 Proceedings of Pitcairn Courts not subject to challenge under New Zealand law

19 Extent of bar to proceedings in section 18

20 Legal capacity, etc, of Pitcairn Courts in New Zealand

Premises in New Zealand of Pitcairn Courts

21 Pitcairn Court's premises under control of Pitcairn Court

22 Inviolability of Pitcairn Court's premises and records

23 Assistance from New Zealand authorities

24 Emergencies requiring prompt protective action

25 New Zealand law generally applicable to Pitcairn Court's premises

Immunities and exemptions of Pitcairn Courts

26 Immunity from legal process in New Zealand

27 Exemption from income tax and import duty

Immunities of Judges and officials of Pitcairn Courts, of Pitcairn Prosecutor, and of Pitcairn defence counsel

28 Immunities of Judges and officials of Pitcairn Courts and of Pitcairn Prosecutor

29 Immunities of Pitcairn defence counsel

30 Inviolability of documents of Pitcairn Prosecutor and of Pitcairn defence counsel

Transfer and detention of overseas Pitcairn accused

31 Request for transfer of overseas Pitcairn accused to Pitcairn Court's premises

32 Procedure for transfer of overseas Pitcairn accused to Pitcairn Court's premises

33 Delay in bringing Pitcairn accused before Pitcairn Court

34 Protection for overseas Pitcairn accused

Surrender of Pitcairn accused in New Zealand

35 Surrender of Pitcairn accused in New Zealand

36 Transfer to Pitcairn Court's premises of Pitcairn accused who is to be surrendered by New Zealand

Detention in Court's premises and remand in custody in prison

37 Detention in Pitcairn Court's premises

38 Remand in custody in prison of Pitcairn accused and Pitcairn offenders

Pitcairn Court bail

39 Interpretation

40 Endorsed Pitcairn Court bail order has effect in New Zealand

41 Pitcairn Court bail orders may be endorsed in New Zealand

42 Further provisions on endorsement of bail orders

43 Procedure where Pitcairn Court issues arrest warrant

44 Arrest without warrant of Pitcairn accused on bail

45 Delay in bringing Pitcairn accused before Pitcairn Court in New Zealand

Remand in custody in hospital

46 Pitcairn accused or Pitcairn offender remanded in hospital for psychiatric examination

47 Pitcairn accused remanded in hospital during trial

Pitcairn witnesses

48 Request for attendance of overseas Pitcairn witnesses (other than prisoners)

49 Request for transfer and detention of foreign prisoners

50 Custody of foreign prisoner

51 Protections for overseas Pitcairn witnesses

52 Request for person in New Zealand to attend at Pitcairn Court's premises and give evidence

Other assistance in relation to Pitcairn trial

53 Requests for other assistance also to be dealt with under Mutual Assistance in Criminal Matters Act 1992

Requests from third countries relating to certain overseas persons

54 Restriction on extradition of, or mutual assistance in criminal matters involving, certain overseas persons

Part 3
Enforcement of Pitcairn sentences and hospital orders

Applying for and making enforcement orders

55 Request for enforcement in New Zealand of Pitcairn sentence or hospital order

56 Decision on request for enforcement

57 Conditions of enforcement

58 Making enforcement orders

59 Notification that enforcement order will not be made

Status of persons pending decisions about enforcement orders

60 Status of offender between sentencing and decision on enforcement order

61 Status of person subject to hospital order between making of order and decision on enforcement order

What happens if enforcement order not to be made

62 Detention and removal if enforcement order will not be made

Enforcing Pitcairn sentences and hospital orders

63 Effect of enforcement order

64 New Zealand law applies subject to specified exceptions

65 Amending and cancelling enforcement orders

66 Expiry of enforcement orders

67 Notice of certain things to be given to Department of Labour

Schedule 1
Agreement

Schedule 2
Modifications to provisions of Extradition Act 1999 applied by section 35 of this Act

Schedule 3
Form of endorsement of Pitcairn Court bail order

Reprint notes