Iceland (Extradition: New Zealand) Order in Council 1940

Reprint
as at 19 April 1940

Coat of Arms of New Zealand

Iceland (Extradition: New Zealand) Order in Council 1940

(SR 1940/69)

At the Court at Buckingham Palace the 16th day of January 1940

Present:
The King's Most Excellent Majesty in Council


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 order is administered by the Ministry of Justice.


Whereas by the Extradition Acts, 1870 to 1935 (33 & 34 Vict c 52; 36 & 37 Vict c 60; 58 & 59 Vict c 33; 6 Edw 7 c 15; 22 & 23 Geo 5 c 39; 25 & 26 Geo 5 c 25), it was amongst other things, enacted that, where an arrangement has been made with any foreign State with respect to the surrender to such State of any fugitive criminals, His Majesty may, by Order in Council, direct that the said Acts shall apply in the case of such foreign State; and that His Majesty may, by the same or any subsequent order, limit the operation of the order, and restrict the same to fugitive criminals who are in, or suspected of being in, the part of His Majesty's dominions specified in the order and render the operation thereof subject to such conditions, exceptions and qualifications as may be deemed expedient:

And whereas a Treaty1 was signed on 31 March 1873 between Her late Majesty Queen Victoria and His late Majesty the King of Denmark for the mutual extradition of fugitive criminals, which Treaty applies to Iceland:

And whereas the said Treaty was duly ratified:

And whereas under the provisions of Article 3 of the Supplementary Convention signed on 25 October 1938 between His Majesty and His Majesty the King of Iceland and Denmark for the mutual extradition of criminals, the terms whereof were recited in the Iceland (Extradition) Order in Council 1939, and are as follows:

His Majesty The King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India (hereinafter referred to as His Majesty The King and Emperor), and His Majesty The King of Iceland and Denmark.

Desiring to make further provision for the reciprocal extradition of fugitive criminals, have resolved to conclude a Supplementary Convention to this end, and for this purpose have appointed as their plenipotentiaries:

His Majesty The King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India:

  • For Great Britain and Northern Ireland:

    • The Rt Hon the Viscount Halifax, KG, GCSI, GCIE, TD, His Majesty's Principal Secretary of State for Foreign Affairs;

His Majesty The King of Iceland and Denmark:

  • For Iceland:

    • Count Eduard Reventlow, His Majesty's Envoy Extraordinary and Minister Plenipotentiary in London:

Who, having communicated to each other their full powers, found in good and due form, have agreed as follows:

Article 1

From the date of the coming into force of the present Convention Article 1 of the Extradition Treaty signed at Copenhagen on the 31st March, 1873, shall be amended by the addition of the following clause:—

Extradition may also be granted at the discretion of the High Contracting Party applied to in respect of any other crime or offence for which, according to the laws of both of the High Contracting Parties for the time being in force, the grant may be made.

Article 2

The foregoing amendment shall apply to extradition proceedings between Iceland on the one hand, and, on the other hand, the following territories of His Majesty The King and Emperor, that is to say, the United Kingdom of Great Britain and Northern Ireland, the Channel Islands, the Isle of Man, Newfoundland, British Colonies, British Protectorates to which the Extradition Treaty of the 31st March, 1873, applies, and mandated territories to which the said Treaty has been or may be extended, and in respect of which the mandate is exercised by His Majesty's Government in the United Kingdom of Great Britain and Northern Ireland.

Article 3

The High Contracting Parties agree that His Majesty The King and Emperor may accede to the present Convention in respect of any other Member of the British Commonwealth of Nations, whose Government may desire that such accession be effected, by a notice given to that effect by the appropriate diplomatic representative of His Majesty The King and Emperor at Copenhagen. From the date that such notice comes into force the amendment set forth in Article 1 shall apply to extradition proceedings between Iceland on the one hand, and, on the other, the territory of the Member of the Commonwealth concerned.

Any notice given under the first paragraph of this Article in respect of any Member of the British Commonwealth of Nations may include any territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Majesty The King and Emperor and is exercised by the Government of the Member concerned.

Article 4

The present Convention shall be ratified. The ratifications shall be exchanged at London as soon as possible.

Article 5

The present Convention shall enter into force three months after the exchange of ratifications, and shall have the same duration as the Extradition Treaty of the 31st March, 1873.

In faith whereof the above-named plenipotentiaries have signed the present Convention and have affixed thereto their seals.

Done in duplicate in English and Icelandic at London the 25th day of October, 1938.

[Seal] Halifax.

[Seal] E Reventlow.

And whereas His Majesty has acceded to the said Convention in respect of the Dominion of New Zealand:2

And whereas His Majesty has been advised by His Ministers in New Zealand to take the necessary steps to cause the said recited Acts to be applied in the case of Iceland in respect of New Zealand in accordance with the said Supplementary Convention:

Now, therefore, His Majesty, by and with the advice of His Privy Council, and in virtue of the authority committed to Him by the said recited Acts, doth order, and it is hereby ordered, that from and after 27 February 1940, the said Acts shall apply in respect of New Zealand in the case of Iceland under and in accordance with the said Treaty of 31 March 1873, as modified by the Supplementary Convention of 25 October 1938.

This order may be cited as the Iceland (Extradition: New Zealand) Order in Council 1940.

Rupert B Howorth.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 18 April 1940.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Iceland (Extradition: New Zealand) Order in Council 1940. The reprint incorporates all the amendments to the order as at 19 April 1940, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

  • 1 For Order in Council of 26 June 1873, setting out the terms of the Treaty of 31 March 1873, and applying the Extradition Act 1870 (Imperial), thereto, see Gazette 1873, p 576.

  • 2 It is hereby notified that the notice of accession in respect of the Dominion of New Zealand, which took effect on 27 February 1940, included the Mandated Territory of Western Samoa.