24 Determination of eligibility for surrender

(1)

Subject to section 23(4), if a person is brought before a court under this Part, the court must determine whether the person is eligible for surrender in relation to the offence or offences for which surrender is sought.

(2)

Subject to subsections (3) and (4), the person is eligible for surrender in relation to an extradition offence for which surrender is sought if—

(a)

the supporting documents (as described in section 18(4)) in relation to the offence have been produced to the court; and

(b)

if—

(i)

this Act applies in relation to the extradition country subject to any limitations, conditions, exceptions, or qualifications that require the production to the court of any other documents; or

(ii)

the terms of an extradition treaty in force between New Zealand and the extradition country require the production to the court of any other documents—

those documents have been produced to the court; and

(c)

the court is satisfied that the offence is an extradition offence in relation to the extradition country; and

(d)

the court is satisfied that the evidence produced or given at the hearing would, according to the law of New Zealand, but subject to this Act,—

(i)

in the case of a person accused of an extradition offence, justify the person’s trial if the conduct constituting the offence had occurred within the jurisdiction of New Zealand; or

(ii)

in the case of a person alleged to have been convicted of an extradition offence, prove that the person was so convicted.

(3)

The person is not eligible for surrender if the person satisfies the court—

(a)

that a mandatory restriction on the surrender of the person applies under section 7; or

(b)

except in relation to a matter referred to in section 30(2)(ab), that the person’s surrender would not be in accordance with the provisions of the treaty (if any) between New Zealand and the extradition country.

(4)

The court may determine that the person is not eligible for surrender if the person satisfies the court that a discretionary restriction on the surrender of the person applies under section 8.

(5)

Subsections (3) and (4) are subject to section 105.

(6)

Without limiting the circumstances in which the court may adjourn a hearing, if—

(a)

a document or documents containing a deficiency or deficiencies of relevance to the proceedings are produced; and

(b)

the court considers the deficiency or deficiencies to be minor in nature,—

the court may adjourn the hearing for such period as it considers reasonable to allow the deficiency or deficiencies to be remedied.

Compare: 1965 No 44 s 10; Extradition Act 1988 s 19(2), (4) (Aust)

Section 24(3)(b): amended, on 19 December 2002, by section 7 of the Extradition Amendment Act (No 2) 2002 (2002 No 64).