This note is not part of the order, but is intended to indicate its general effect.
This order, which comes into force on 8 October 1999, provides that Canada is an exempted country to which section 25 of the Extradition Act 1999 applies.
Under Part 3 of the Extradition Act 1999, a country seeking extradition of a person from New Zealand must satisfy a court that there would be sufficient evidence to justify the person's trial in New Zealand if the alleged offence had occurred in New Zealand, or, in other words, that a prima facie case exists against that person.
Section 25 of the Extradition Act 1999 introduces a new procedure into the regime for determining whether a person is eligible for surrender from New Zealand. It allows exempted countries to produce, or have produced on their behalf, a record of the case. This record may be used as evidence for the purposes of determining whether there is a prima facie case against the person.