Version as at 28 October 2021

Coat of Arms of New Zealand

Extradition Act 1999

Public Act
1999 No 55
Date of assent
20 May 1999
see section 1(2)

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.


1Short Title and commencement
3Meaning of extraditable person
4Meaning of extradition offence
5Interpretation provisions relating to offences
6Application of Act
7Mandatory restrictions on surrender
8Discretionary restrictions on surrender
9Application of sections 7 and 8
10Act binds the Crown
11Construction of extradition treaties
12Object of this Act
13Countries to which this Part applies
14No treaty required for Commonwealth countries
15Orders in Council in respect of treaties
16Extradition to non-Commonwealth countries in absence of treaty
17Exempted countries
18Request for surrender
19Minister may request issue of arrest warrant
20Provisional arrest warrant may be issued
21Notice to Minister
22Powers of court
23Procedure following arrest
24Determination of eligibility for surrender
25Record of case may be submitted by exempted country at hearing
26Procedure following court’s determination of whether person eligible for surrender
27Detention in place other than prison
28Surrender by consent
29Consent to surrender for offences that are not extradition offences
30Minister must determine whether person to be surrendered
31Surrender order
32Further provisions relating to surrender order
33Temporary surrender to extradition country
34Request for return after temporary surrender
35Discharge of person if Minister declines to order surrender
36Discharge of person if not surrendered within 2 months
37Discharge of person if not resurrendered
38Discharge of person under this Part does not preclude further proceedings
39Application of this Part
40Designated countries
41Endorsement of warrant issued in extradition country
42Issue in New Zealand of provisional arrest warrant
43Powers of court
44Procedure following arrest
45Determination of eligibility for surrender
46Procedure following court’s determination of whether person eligible for surrender
47Court must make surrender order immediately if case not referred to Minister
48Referral of case to Minister in certain circumstances
49Minister must determine if person to be surrendered if case referred
50Surrender order
51Further provisions relating to surrender order
52Detention in place other than prison
53Surrender by consent
54Temporary surrender to extradition country
55Request for return after temporary surrender
56Discharge of person if Minister declines to order surrender
57Discharge of person if not surrendered within 2 months
58Discharge of person if person not resurrendered
59Discharge of person under this Part does not preclude further proceedings
60Extension of Act for individual requests
61Request for surrender of person to New Zealand
62Request for information about time spent in custody overseas
63Surrendered person to be brought into New Zealand
64Surrendered person not to be tried for previous offence in certain circumstances
65Return of surrendered person if proceedings not commenced within 6 months
66Person temporarily surrendered to New Zealand
67Form and execution of surrender order or temporary surrender order
68Appeal on question of law only
69Application to appeal of Bail Act 2000 and Criminal Procedure Act 2011
70Custody pending determination of appeal
71Waiver of rights to apply for habeas corpus or to lodge appeal
72Powers of court on appeal
73Further provisions relating to powers of court on appeal
74Evidence on behalf of person whose surrender is sought regarding restrictions on surrender
75Depositions and official documents taken or made overseas
76Admissibility of documentary hearsay evidence
77Admission of documents under other enactment or rule of law in New Zealand not affected
78Authentication of overseas documents
79Evidence taken in New Zealand for use overseas
80Effect of certain certificates
81Order in Council evidence of terms of treaty
82Search and seizure on arrest
83Search warrants
84Form and content of search warrant [Repealed]
85Powers conferred by warrant [Repealed]
86Power to stop vehicles [Repealed]
87Person executing warrant to produce evidence of authority [Repealed]
88Notice of execution of warrant [Repealed]
89Return of property
91Immigration visa not required
92Return of person
93Minister must make removal order or issue certificate
94Certificate giving temporary authority for person to remain in New Zealand
95Further provisions relating to certificate
96Removal order
97New Zealand citizens
98Persons in custody
99Priority of requests
100Provisions relating to extradition offences that may be specified in treaties
101Provision relating to surrender of New Zealand citizens
101ATreaties deemed to incorporate crimes
101BCertain crimes with transnational aspects deemed to be included in extradition treaties
101CCertain offences involving trading in children or child prostitution deemed to be included in extradition treaties
103Rules relating to appeals
104Orders in Council in effect on commencement of Act
105Certain conditions in Extradition Act 1965 continue to apply
106Warrants, orders, and proceedings under Fugitive Offenders Act 1881 (Imp) or Extradition Act 1965
107Immigration Act 2009 not affected
108Citizenship Act 1977 not affected
109Arrest of deserters from other armed forces
110United Kingdom Orders in Council that cease to have effect in New Zealand
111Acts amended

An Act to consolidate and amend the law relating to the extradition of persons to and from New Zealand