20 Provisional arrest warrant may be issued

(1)

A District Court Judge may issue a provisional warrant in the prescribed form for the arrest of a person if the Judge is satisfied on the basis of the information presented to him or her that—

(a)

a warrant for the arrest of a person has been issued in an extradition country by a court or a Judge or other person having authority under the law of the extradition country to issue it; and

(b)

the person is, or is suspected of being, in New Zealand or on his or her way to New Zealand; and

(c)

there are reasonable grounds to believe that the person is an extraditable person in relation to the extradition country and the offence for which the person is sought is an extradition offence; and

(d)

it is necessary or desirable for an arrest warrant to be issued urgently.

(2)

A warrant may be issued under this section even though no request for surrender has been made.

Compare: 1965 No 44 s 7(1)(b)

Section 20(1)(a): substituted, on 19 December 2002, by section 5 of the Extradition Amendment Act (No 2) 2002 (2002 No 64).