This note is not part of the order, but is intended to indicate its general effect.
This order, which comes into force on the day after the date of its notification in the Gazette, applies provisions of the Extradition Act 1999 (the Act) to the Republic of Korea.
Clause 3 applies Part 3 of the Act to the Republic of Korea to give effect in New Zealand to the extradition treaty between New Zealand and the Republic of Korea. The treaty is set out in the Schedule. Part 3 of the Act relates to the extradition of persons from New Zealand to certain treaty countries (of which the Republic of Korea will now be one) and certain other Commonwealth and other countries.
Clause 4 provides that the Republic of Korea is an exempted country to which section 25 of the Act applies.
Under Part 3 of the Act, a country seeking the surrender 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. In other words, a country requesting extradition must show a prima facie case against that person.
Section 25 provides that a record of the case may be submitted by, or on behalf of, an exempted country to the Court that is determining the eligibility of a person for surrender from New Zealand. This record may be received as evidence by the Court for the purposes of determining whether there is a prima facie case against the person. It must contain a summary of the evidence in support of the request for surrender, and other relevant documents, and must be accompanied by certain statements from the exempted country about the material in it.