Pitcairn Trials Act 2002

Reprint as at 1 March 2017

Coat of Arms of New Zealand

Pitcairn Trials Act 2002

Public Act
 
2002 No 83
Date of assent
 
24 December 2002
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

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

Contents

1Title
2Commencement
3Purpose of this Act
4Interpretation
5Trial defined
6Requests that trials that are not specified investigations trials be allowed to take place in New Zealand
7Part only of Pitcairn trial may take place in New Zealand
8Act binds the Crown
9Obligations under Agreement or this Act
10Limited visas under Immigration Act 2009 for certain participants in trials
11Persons referred to in section 10(2)(a)
12Purposes referred to in section 10(2)(d)
13Expiry of limited visa and liability for deportation may be effective immediately upon giving or service of notice
14Use or application of certain Acts not limited or affected
15Regulations
16Pitcairn Courts may sit in New Zealand
17Pitcairn law applies in every Pitcairn trial in New Zealand
18Proceedings of Pitcairn Courts not subject to challenge under New Zealand law
19Extent of bar to proceedings in section 18
20Legal capacity, etc, of Pitcairn Courts in New Zealand
21Pitcairn Court’s premises under control of Pitcairn Court
22Inviolability of Pitcairn Court’s premises and records
23Assistance from New Zealand authorities
24Emergencies requiring prompt protective action
25New Zealand law generally applicable to Pitcairn Court’s premises
26Immunity from legal process in New Zealand
27Exemption from income tax and import duty
28Immunities of Judges and officials of Pitcairn Courts and of Pitcairn Prosecutor
29Immunities of Pitcairn defence counsel
30Inviolability of documents of Pitcairn Prosecutor and of Pitcairn defence counsel
31Request for transfer of overseas Pitcairn accused to Pitcairn Court’s premises
32Procedure for transfer of overseas Pitcairn accused to Pitcairn Court’s premises
33Delay in bringing Pitcairn accused before Pitcairn Court
34Protection for overseas Pitcairn accused
35Surrender of Pitcairn accused in New Zealand
36Transfer to Pitcairn Court’s premises of Pitcairn accused who is to be surrendered by New Zealand
37Detention in Pitcairn Court’s premises
38Remand in custody in prison of Pitcairn accused and Pitcairn offenders
39Interpretation
40Endorsed Pitcairn Court bail order has effect in New Zealand
41Pitcairn Court bail orders may be endorsed in New Zealand
42Further provisions on endorsement of bail orders
43Procedure where Pitcairn Court issues arrest warrant
44Arrest without warrant of Pitcairn accused on bail
45Delay in bringing Pitcairn accused before Pitcairn Court in New Zealand
46Pitcairn accused or Pitcairn offender remanded in hospital for psychiatric examination
47Pitcairn accused remanded in hospital during trial
48Request for attendance of overseas Pitcairn witnesses (other than prisoners)
49Request for transfer and detention of foreign prisoners
50Custody of foreign prisoner
51Protections for overseas Pitcairn witnesses
52Request for person in New Zealand to attend at Pitcairn Court’s premises and give evidence
53Requests for other assistance also to be dealt with under Mutual Assistance in Criminal Matters Act 1992
54Restriction on extradition of, or mutual assistance in criminal matters involving, certain overseas persons
55Request for enforcement in New Zealand of Pitcairn sentence or hospital order
56Decision on request for enforcement
57Conditions of enforcement
58Making enforcement orders
59Notification that enforcement order will not be made
60Status of offender between sentencing and decision on enforcement order
61Status of person subject to hospital order between making of order and decision on enforcement order
62Detention and removal if enforcement order will not be made
63Effect of enforcement order
64New Zealand law applies subject to specified exceptions
65Amending and cancelling enforcement orders
66Expiry of enforcement orders
67Notice of certain things to be given to Department of Labour
Reprint notes