In this Act, unless the context otherwise requires,—

References in this Act to the law of any country include references to the law of any part of that country.

In this Act, a reference to an offence of a political character does not include—

For the purposes of section 33(1) and section 54(1) and 54(3), a person is not liable to be detained in a prison if the person is—

In this Act, a person is an extraditable person in relation to an extradition country if—

In this Act, extradition offence means, subject to an extradition treaty,—

The condition referred to in subsection (1)(a) is that if the conduct of the person constituting the offence in relation to the extradition country, or equivalent conduct, had occurred within the jurisdiction of New Zealand at the relevant time it would, if proved, have constituted an offence punishable under the law of New Zealand for which the maximum penalty is imprisonment for not less than 12 months or any more severe penalty.

For the purposes of determining whether the condition in subsection (2) is satisfied in relation to a particular application for surrender of a person, the relevant time referred to in subsection (2) is the time at which the conduct is alleged to have occurred.

In determining the maximum penalty for an offence against the law of any foreign country for which no statutory penalty is imposed, regard must be had to the level of penalty that can be imposed by a court for the offence.

A reference in this Act to conduct constituting an offence is a reference to the acts or omissions, or both, by virtue of which the offence has, or is alleged to have, been committed.

In making a determination for the purposes of section 4(2), the totality of the acts or omissions alleged to have been committed by the person must be taken into account and it does not matter whether under the law of the extradition country and New Zealand—

An offence may be an extradition offence although—

For the purposes of this Act, any vessel or aircraft recognised by the law of any country as belonging to that country is deemed to be within the jurisdiction of and to be part of that country.

If a person has been convicted in his or her absence of an offence against the law of an extradition country, whether or not the conviction is a final conviction, then, for the purposes of this Act, the person is deemed not to have been convicted of that offence but is deemed to have been accused of that offence.

An extraditable person who is in New Zealand and who is sought by an extradition country may be surrendered in accordance with either Part 3 or Part 4—

This section is subject to the other provisions of this Act.

A mandatory restriction on surrender exists if—

A discretionary restriction on surrender exists if, because of—

and having regard to all the circumstances of the case, it would be unjust or oppressive to surrender the person.

A discretionary restriction on surrender exists if the person has been accused of an offence within the jurisdiction of New Zealand (other than an offence for which his or her surrender is sought), and the proceedings against the person have not been disposed of.

Parts 3 and 4 set out the circumstances in which the mandatory and discretionary restrictions on surrender set out in sections 7 and 8 are to be considered, and who makes the decision in any particular case as to whether a restriction applies.

This Act binds the Crown.

If there is an extradition treaty in force between New Zealand and an extradition country, the provisions of this Act must be construed to give effect to the treaty.

Despite subsection (1), no treaty may be construed to override—

This section is subject to section 105.

The object of this Act is to provide for the surrender of an accused or convicted person from New Zealand to an extradition country or from an extradition country to New Zealand, and in particular—

This Part applies to—

If this Part applies to a Commonwealth country, it applies—

Nothing in this section prevents—

If, after the commencement of this Act, an extradition treaty is concluded between New Zealand and another country (including a treaty that amends or is in substitution for an earlier extradition treaty in force between New Zealand and that country), the Governor-General may, by Order in Council, apply this Part to that country (or, if the treaty applies in respect of part only of the country, to that part of the country).

An Order in Council made under subsection (1) must recite the terms of the treaty.

An Order in Council made under subsection (1) ceases to have effect when the treaty ceases to be in force.

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

If—

the Governor-General may, by Order in Council, made on the recommendation of the Minister, apply this Part to that country subject to such limitations, conditions, exceptions, or qualifications as may be specified in the order.

The Minister must not recommend the making of an Order in Council under subsection (1) unless the Minister is satisfied that the country is able to return to New Zealand persons accused or convicted of a similar range of extradition offences to those to which the proposed order would relate.

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Governor-General may from time to time, by Order in Council, made on the recommendation of the Minister, declare that a country to which this Part applies under section 13 is also a country to which section 25 applies (an exempted country).

Before recommending the making of an Order in Council under subsection (1), the Minister must consider whether, with respect to the requirements to produce evidence, the country to be exempted is able to deal with extradition requests from New Zealand in any manner that has similar effect to that permitted by section 25 in relation to requests to New Zealand from the country to be exempted.

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

A request by an extradition country for the surrender of a person who—

must be transmitted to the Minister of Justice.

The request must be made—

The request must be accompanied by duly authenticated supporting documents.

In this section, supporting documents, in relation to an extradition offence, means,—

If a request is made under section 18, the Minister may, in writing, notify a District Court Judge that it has been made and request that the Judge issue a warrant for the arrest of the person whose surrender is sought.

After receiving a request under subsection (1), the District Court Judge may issue a warrant in the prescribed form for the arrest of the person if the Judge is satisfied on the basis of information presented to him or her that—

The Minister may, if the Minister thinks fit, refuse to notify a District Court Judge under this section.

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

If a District Court Judge issues a provisional warrant under section 20, the applicant for the warrant must report the issue of the warrant to the Minister.

The applicant must include in the report to the Minister a copy of the warrant issued in the extradition country and the other documentary evidence produced to the court by the applicant.

On receipt of the report under subsection (1), the Minister may, if the Minister thinks fit, order that the proceedings be discontinued.

If the Minister orders that the extradition proceedings be discontinued, the Minister may cancel any warrant of arrest and order the discharge of any person arrested under the warrant.

The Minister must notify the court of any action taken by the Minister under subsection (3) or subsection (4).

In proceedings under this Part, except as expressly provided in this Act or in regulations made under section 102,—

Despite section 5 of the Summary Proceedings Act 1957, the District Court presided over by Justices or 1 or more Community Magistrates does not have jurisdiction to conduct proceedings under this Part.

Despite section 46(1) and (2) of the Summary Proceedings Act 1957 (as applied by section 157 of that Act) and section 28(2) of the Bail Act 2000, a decision under this Part to remand a person in custody or on bail may be made only by a Judge.

The enactments (other than this Act, its provisions, Parts, and regulations made under it) specified in this section must be read as they read immediately before the commencement date as defined in section 394 of the Criminal Procedure Act 2011.

A person arrested on a warrant issued after a request under section 19 or issued under section 20 must, unless sooner discharged, be brought before a court as soon as possible.

The person—

If the court remands the person on bail, the court may impose any conditions of bail that the court thinks fit in addition to any conditions that the court may impose under subsections (1) to (3) of section 31 of the Bail Act 2000 (as applied by section 49 of that Act).

If the person has been arrested on a provisional arrest warrant issued under section 20, the following provisions apply:

In subsection (3),—

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.

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

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

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.

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

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

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

For the purposes of any determination under section 24(2)(d)(i), a record of the case may be submitted by or on behalf of an exempted country.

A record of the case must be prepared by an investigating authority or a prosecutor in an exempted country and must contain—

The record of the case is admissible as evidence if it is accompanied by—

A person referred to in subsection (3)(b) is—

Nothing in this section—

A court to which a certificate under subsection (3)(b) is produced must take judicial notice of the signature on it of a person described in subsection (3A).

If the court determines under section 24 that the person is eligible for surrender, it must—

If the court issues a warrant under subsection (1), the court may grant bail to the person.

If the court grants bail to the person, the court may impose any conditions of bail that the court thinks fit in addition to any conditions that the court may impose under subsections (1) to (3) of section 31 of the Bail Act 2000 (as applied by section 52 of that Act).

If the court is not satisfied under section 24 that the person is eligible for surrender, it must discharge the person unless under section 70(1) it orders that the person continue to be detained, or issues a warrant for the arrest and detention of the person, pending the determination of an appeal under Part 8.

Enactments other than this Act and its provisions that are specified in subsection (1)(a) must be read as they read immediately before the commencement date as defined in section 394 of the Criminal Procedure Act 2011.

In subsection (3),—

If the court orders the detention of the person at any time under this Part, but is of the opinion that, because of the circumstances of the case, it would be dangerous to the life or pose a significant risk to the health of the person to detain the person in a prison, it may order that the person be held in custody—

until such time as the person can, without such danger or risk, be detained in a prison or is surrendered or is discharged according to law.

A person may at any time notify the court that he or she consents to being surrendered to the extradition country for the extradition offence or extradition offences for which surrender is sought.

If the person notifies the court of his or her consent to surrender under subsection (1), then, despite section 24 but subject to subsection (3), the court must—

The court must not take the action in subsection (2) unless—

Nothing in subsections (1) to (3) prevents a person from giving notice to the Minister after the court orders the detention of the person under section 26 that the person consents to surrender.

If the court issues a warrant under subsection (2), the court may grant bail to the person.

If the court grants bail to the person, the court may impose any conditions of bail that the court thinks fit in addition to any conditions that the court may impose under subsections (1) to (3) of section 31 of the Bail Act 2000 (as applied by section 52 of that Act).

Enactments other than this Act and its provisions that are specified in subsection (2)(a) must be read as they read immediately before the commencement date as defined in section 394 of the Criminal Procedure Act 2011.

In subsection (6),—

If—

the court must ask the person whether he or she consents to being surrendered to the country in respect of the offence or any of the offences that are not extradition offences.

If the person gives his or her consent under this section to being surrendered for an offence or offences referred to in subsection (1)(b), the court must notify the Minister in writing of the offence or offences in respect of which the person has consented.

The court must not notify the Minister under subsection (2) unless—

If the court issues a warrant for the detention of a person under section 26(1)(a) or section 28(2)(a), the Minister must determine in accordance with this section whether the person is to be surrendered.

The Minister must not determine that the person is to be surrendered—

The Minister may determine that the person is not to be surrendered if—

Subsection (3)(c) applies even if the person is a citizen of both New Zealand and the extradition country.

The Minister must not determine that the person is to be surrendered unless by virtue of—

the person, after being surrendered to the country, will not, unless the person has left or had the opportunity of leaving the country,—

For the purposes of determining under this section whether the person is to be surrendered, the Minister may seek any undertakings from the extradition country that the Minister thinks fit.

If the Minister determines under section 30 that the person is to be surrendered, the Minister must, subject to section 32(2)(b) and unless the Minister makes a temporary surrender order, make a surrender order in respect of the person.

The Minister must not make a surrender order in respect of a person—

whichever is the later.

Nothing in subsection (2) applies to—

If the Minister makes a surrender order in respect of a person described in any of paragraphs (a) to (e) of section 2(4), the Minister may arrange for any approvals, authorities, and permissions that may be needed to be obtained before surrender, including the variation, cancellation, or suspension of the sentence, or of any conditions of the sentence.

Subsection (2) applies if—

but the person is liable to be detained in a prison because of a sentence of imprisonment imposed for an offence against the law of New Zealand.

If this subsection applies, the Minister may—

Subsection (4) applies if—

If this subsection applies, the Minister may make an order for the surrender of the person that is to come into effect after the expiration of a period specified in the order.

The Minister may, at any time after making an order under subsection (4), vary any period specified in the order, or may cancel the order.

Subsection (2) applies if—

but the person is liable to be detained in a prison because of a sentence of imprisonment imposed for an offence against the law of New Zealand.

If this subsection applies, the Minister may make a temporary surrender order in respect of the person if the Minister is satisfied that—

If a person who is subject to a sentence of imprisonment is released from a New Zealand prison under a temporary surrender order made under this section, so long as the person is in custody in connection with the request (including custody outside New Zealand), the person is deemed to be continuing to serve that sentence.

If, while a person is in the extradition country under the temporary surrender order, the person ceases to be liable to be detained in New Zealand, the Minister must inform the extradition country that the undertakings referred to in subsection (2)(b) are no longer required to be complied with.

If—

the Minister may, subject to subsection (2), make a surrender order in relation to the person.

Before making an order under subsection (1), the Minister must determine in accordance with the grounds set out in subsections (2) to (6) of section 30 that the person is to be surrendered.

If a surrender order is made under this section, the order takes effect in accordance with section 67 on the same day that the person ceases to be liable to be detained in a prison in New Zealand in respect of the sentence of imprisonment.

If the Minister determines under section 30 that the person is not to be surrendered, or declines to order the surrender of the person under section 32(2)(b) or section 33, the person must be discharged from custody forthwith unless the person is subject to any other order for detention.

This section applies if a person is not surrendered and conveyed out of New Zealand under a surrender order or a temporary surrender order made under this Part within 2 months—

If this section applies, the person may apply to a Judge of the High Court to be discharged.

If an application to be discharged is made under subsection (2), the Judge may, on proof that reasonable notice of the intention to make the application has been given to the Minister, unless sufficient cause is shown against the discharge,—

Despite subsection (1), no order may be made under this section for the discharge of a person if—

For the purposes of subsection (4), request includes a warrant produced for endorsement under Part 4.

If a person has been surrendered under a temporary surrender order made under section 33, nothing in section 36 prevents an order being made under section 34.

Subsection (3) applies if an order is made under section 34 and the person is not surrendered and conveyed out of New Zealand under this Part within 2 months after the date that the person ceases to be liable to be detained under the sentence of imprisonment imposed by a New Zealand court.

If this subsection applies, the person may apply to a Judge of the High Court to be discharged.

If an application to be discharged is made under subsection (3), the Judge may, on proof that reasonable notice of the intention to make the application has been given to the Minister, unless sufficient cause is shown against the discharge,—

To avoid doubt, the discharge of a person under any provision of this Part or under any enactment repealed by this Act does not of itself preclude further proceedings under this Act, whether or not they are based on the same conduct, to extradite the person under this Act.

This Part applies to—

The Governor-General may from time to time, by Order in Council, made on the recommendation of the Minister, declare that any Commonwealth or non-Commonwealth country specified in the order is a designated country and apply this Part to that country subject to such limitations, conditions, exceptions, or qualifications as may be specified in the order.

If, after the commencement of this Act, an extradition treaty is concluded between New Zealand and another country (including a treaty that amends or is in substitution for an earlier extradition treaty in force between New Zealand and that country), the Governor-General may, by Order in Council, made on the recommendation of the Minister, declare that the country (or, if the treaty applies in respect of part only of the country, that part of the country) is a designated country.

The Minister must not recommend the making of an Order in Council under subsection (1) or subsection (2) unless the Minister is satisfied that—

Subsection (3) does not limit the Minister’s discretion to consider any other matters that the Minister thinks fit in relation to recommending or not recommending the making of an Order in Council under subsection (1) or subsection (2).

An Order in Council made under subsection (1) or subsection (2) may provide that if a person whose surrender is sought is a New Zealand citizen a court must not refer the proceedings to the Minister under section 48(1)(a).

If an extradition treaty is in force between New Zealand and the country,—

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

If a warrant for the arrest of a person issued in an extradition country by a court or a Judge or other person having lawful authority under the law of the extradition country to issue it is produced to a District Court Judge, and the Judge is satisfied that—

the Judge may endorse the warrant in the prescribed form to authorise its execution in New Zealand.

A warrant endorsed under subsection (1) is sufficient authority for any constable to execute the warrant in accordance with this Part.

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 warrant may be issued under subsection (1) even though—

In proceedings under this Part, except as expressly provided in this Act or in regulations made under section 102,—

The District Court presided over by 1 or more Justices or 1 or more Community Magistrates does not have jurisdiction to conduct proceedings under this Part.

Despite section 168 of the Criminal Procedure Act 2011, and section 27(2) of the Bail Act 2000, a decision under this Part to remand a person in custody or on bail may be made only by a Judge.

Sections 167 to 169 of the Criminal Procedure Act 2011 and sections 28, 30 to 33, 35, 37 to 39, 41 to 43 and 52 of the Bail Act 2000 apply, so far as applicable and with the necessary modifications, to a person who is detained under any of sections 46, 53, or 54.

A person arrested on a warrant endorsed under section 41 or on a provisional arrest warrant must, unless sooner discharged, be brought before a court as soon as possible.

The person—

If the court remands the person on bail, the court may impose any conditions of bail that the court thinks fit in addition to any conditions that the court may impose under section 30(1), (2), and (4) of the Bail Act 2000.

If a person has been arrested on a provisional arrest warrant and no warrant issued in the extradition country has been endorsed under section 41, the following provisions apply:

Subject to section 44(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.

Subject to subsections (3) and (4), the person is eligible for surrender if—

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

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.

In the proceedings under this section,—

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

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

If the court is satisfied that the person is eligible for surrender, the court must—

If the court issues a warrant under subsection (1), the court may grant bail to the person.

If the court grants bail to the person, the court may impose any conditions of bail that the court thinks fit in addition to any conditions that the court may impose under section 30(1), (2), and (4) of the Bail Act 2000.

If the court is not satisfied that the person is eligible for surrender, it must discharge the person, unless under section 70(1) it orders that the person continue to be detained, or issues a warrant for the arrest and detention of the person, pending the determination of an appeal under Part 8.

If the court does not refer the person’s case to the Minister under section 48(1) or section 48(4), the court must, immediately after issuing the warrant for the detention of the person under section 46(1)(a), make a surrender order in respect of the person.

A surrender order made under subsection (1) does not take effect—

whichever is the later.

Nothing in subsection (2) applies to—

If the court makes a surrender order in respect of a person described in any of paragraphs (a) to (e) of section 2(4), the court may arrange for any approvals, authorities, and permissions that may be needed to be obtained before surrender, including the variation, cancellation, or suspension of the sentence, or of any conditions of the sentence.

If the court is satisfied that the grounds for making a surrender order otherwise exist but—

the court must refer the case to the Minister in accordance with subsection (5).

For the purposes of subsection (1)(d), request includes a warrant produced for endorsement under this Part.

Subsection (1)(a) applies even if the person is a citizen of both New Zealand and the extradition country.

The court is not required to refer the case to the Minister under subsection (1)(a) if—

If—

the court may refer the case to the Minister in accordance with subsection (5).

If the court refers the case to the Minister under subsection (1) or subsection (4), the court must send to the Minister a copy of the warrant of detention together with a copy of all other documents before the court in the case, and such report on the case as the court thinks fit.

If a case is referred to the Minister under section 48(1)(a) or (b), or section 48(4), or section 53, the Minister must determine in accordance with the grounds set out in subsections (2) to (4) of section 30 whether the person is to be surrendered, as if the case had been referred to the Minister under section 26.

For the purposes of determining under this section whether the person is to be surrendered, the Minister may seek any undertakings from the extradition country that the Minister thinks fit.

If the Minister determines under section 49 that the person is to be surrendered to an extradition country in relation to an extradition offence or extradition offences, the Minister must, subject to section 51(2)(b) and unless the Minister makes a temporary surrender order, make a surrender order in respect of the person.

The Minister must not make a surrender order in respect of a person whose case has been referred to the Minister under section 48—

whichever is the later.

Nothing in subsection (2) applies to—

If the Minister makes a surrender order in respect of a person described in any of paragraphs (a) to (e) of section 2(4), the Minister may arrange for any approvals, authorities, and permissions that may be needed to be obtained before surrender, including the variation, cancellation, or suspension of the sentence, or of any conditions of the sentence.

Subsection (2) applies if the extradition offence for which the person’s surrender is requested is an offence of which the person has been convicted in the extradition country, but the person is liable to be detained in a prison because of a sentence of imprisonment imposed for an offence against the law of New Zealand.

If this subsection applies, the Minister may—

Subsection (4) applies if—

If this subsection applies, the Minister may make an order for the surrender of the person that is to come into effect after the expiration of a period specified in the order.

The Minister may, at any time after making an order under subsection (4), vary the period specified in the order, or may cancel the order.

If the court orders the detention of the person at any time under this Part, but is of the opinion that, because of the circumstances of the case, it would be dangerous to the life or pose a significant risk to the health of the person to detain the person in a prison, the court may order that the person be held in custody—

until such time as the person can, without such danger or risk, be detained in a prison or is surrendered or is discharged according to law.

A person may at any time notify the court that he or she consents to being surrendered to the extradition country for the extradition offence or extradition offences for which surrender is sought.

If the person notifies the court of his or her consent to surrender under subsection (1), then, despite section 45 but subject to subsections (3) and (4) of this section, the court must—

The court must not take the action in subsection (2) unless—

Nothing in subsections (1) to (3) prevents a person whose case is referred to the Minister under section 48(1) from giving notice to the Minister after the court orders the detention of the person under section 46 that the person consents to surrender.

If the court issues a warrant for the detention of a person under subsection (2)(b)(i), then subsections (2) and (3) of section 46 apply as if the person had been found eligible for surrender.

Subsection (2) applies if—

but the person is liable to be detained in a prison because of a sentence of imprisonment imposed for an offence against the law of New Zealand.

If this subsection applies, the court must—

and subsections (4), (5), (6), and (7) apply.

If,—

but the person is liable to be detained in a prison because of a sentence of imprisonment imposed for an offence against the law of New Zealand, subsections (4), (6), and (7) apply.

The Minister may make a temporary surrender order in respect of the person if—

For the purposes of making a determination under subsection (4)(c), the Minister may seek any undertakings from the extradition country that the Minister thinks fit.

If a person who is subject to a sentence of imprisonment is released from a New Zealand prison under a temporary surrender order made under this section, so long as the person is in custody in connection with the request (including custody outside New Zealand), the person is deemed to be continuing to serve that sentence.

If, while a person is in the extradition country under the temporary surrender order, the person ceases to be liable to be detained in New Zealand, the Minister must inform the extradition country that the undertakings referred to in subsection (4)(b) are no longer required to be complied with.

If—

the Minister may, subject to subsection (2), make a surrender order in relation to the person.

Before making an order under subsection (1), the Minister must determine in accordance with the grounds set out in subsections (2) to (4) of section 30 that the person is to be surrendered.

For the purposes of making a determination under subsection (2), the Minister may seek any undertakings from the extradition country that the Minister thinks fit.

If a surrender order is made under this section, the order takes effect in accordance with section 67 on the same day that the person ceases to be liable to be detained in a prison in New Zealand in respect of the sentence of imprisonment.

If the Minister determines under section 49 that the person is not to be surrendered, or declines to order the surrender of the person under section 51(2)(b) or section 54, the person must be discharged from custody forthwith unless the person is subject to any other order for detention.

This section applies if a person is not surrendered and conveyed out of New Zealand under a surrender order or a temporary surrender order made under this Part within 2 months—

If this section applies, the person may apply to a Judge of the High Court to be discharged.

If an application to be discharged is made under subsection (2), the Judge may, on proof that reasonable notice of the intention to make the application has been given to the Minister, unless sufficient cause is shown against the discharge,—

Despite subsection (1), no order may be made under this section for the discharge of a person if the case has been referred to the Minister under section 48 and—

For the purposes of subsection (4), request includes a warrant produced for endorsement under this Part.

If a person has been surrendered under a temporary surrender order made under section 54, nothing in section 57 prevents an order being made under section 55.

Subsection (3) applies if an order is made under section 55 and the person is not surrendered and conveyed out of New Zealand under this Part within 2 months after the date that the person ceases to be liable to be detained under the sentence of imprisonment imposed by a New Zealand court.

If this subsection applies, the person may apply to a Judge of the High Court to be discharged.

If an application to be discharged is made under subsection (3), the Judge may, on proof that reasonable notice of the intention to make the application has been given to the Minister, unless sufficient cause is shown against the discharge,—

To avoid doubt, the discharge of a person under any provision of this Part or under any enactment repealed by this Act does not of itself preclude further proceedings under this Act, whether or not they are based on the same conduct, to extradite the person under this Act.

This section applies to a request from a non-Commonwealth country for the surrender of a person who is accused or convicted of an offence committed within the jurisdiction of that country if—

A request to which this section applies must be made to the Minister and must be accompanied by the duly authenticated supporting documents described in section 18.

Subject to subsection (4), the Minister must consider the following matters in order to decide whether the request should be dealt with under this Act:

If a request to which this section applies is made—

the Minister is not required to consider the matters set out in paragraphs (a) to (c) of subsection (3).

For the purposes of subsection (4),—

If the Minister decides that the request should be dealt with under this Act, the person who is the subject of the request is liable to be arrested and surrendered in the manner provided by Part 3 as if the Minister had received a request under section 18, and the provisions of this Act apply so far as applicable and with the necessary modifications.

Without limiting subsection (6), a provisional arrest warrant in relation to a person who is, or is suspected of being, in New Zealand or on his or her way to New Zealand may be issued in accordance with Part 3 even if a request to which this section applies has not yet been made.

If a person who is accused or has been convicted of an extradition offence against the law of New Zealand is suspected of being in another country or on his or her way to another country, a request to that country by New Zealand for the surrender of the person may, subject to subsection (3), be made only by or with the authority of,—

The request under subsection (1) may be made—

Nothing in subsection (1) or subsection (2) prevents—

If subsection (3)(a) applies, the different or supplementary procedure must be used.

If a request is made for the surrender of a person to New Zealand, the Minister or other authorised person may, at the time of making the request or at any later time, ask the competent authority in the country to which the request is or was made to provide, at the time of the surrender of the person or as soon as possible after that, a duly authenticated certificate recording—

A certificate obtained under subsection (1) is presumed to be accurate in the absence of any evidence to the contrary.

If—

the Minister may issue a certificate setting out that date and time period.

For the purposes of section 91(3) of the Parole Act 2002, a certificate given by the Minister under subsection (3) has the same effect as a certificate obtained under subsection (1).

If, after the Minister has given a certificate under subsection (3),—

then, unless the Minister otherwise directs, the certificate from the extradition country is a substitute certificate for the purpose of section 91(3) of the Parole Act 2002.

If a person is surrendered to New Zealand in relation to an extradition offence against the law of New Zealand of which the person is accused or for which the person has been convicted (whether or not pursuant to a request under section 61), the person must be brought into New Zealand and delivered to the appropriate authorities to be dealt with according to law.

If a person accused or convicted of an extradition offence in New Zealand is surrendered by an extradition country, that person cannot be detained or tried in New Zealand for any offence committed, or alleged to have been committed, before the person’s surrender, other than the offence to which the request for the person’s surrender relates or any offence carrying the same or a lesser maximum penalty of which the person could be convicted upon proof of the facts upon which that request was based, unless—

If a person accused or convicted of an offence in New Zealand is surrendered by an extradition country (in this subsection referred to as the surrendering country), that person cannot be detained in New Zealand for the purpose of being surrendered to any other country for trial or punishment for any offence committed or alleged to have been committed before the person’s surrender to New Zealand, including the offence to which the original request relates and any other offence of which the person could be convicted on proof of the facts on which that request was based, unless—

If—

the Minister may make a removal order under section 96.

If a person is temporarily surrendered by a country to New Zealand subject to a condition, or pursuant to an undertaking given by the Minister, that the person will be kept in custody while the person is in New Zealand, then—

If a person is temporarily surrendered by a country to New Zealand subject to a condition, or pursuant to an undertaking given by the Minister, that the person will be returned to the country, the Minister must arrange for the person to be returned at a time in accordance with the condition or undertaking.

If the person is being held in custody for the purpose of subsection (1) or subsection (2), and the country from which the person was surrendered requests the release of the person from custody, the Minister must order that the person be released from custody unless the person is otherwise liable to be held in custody.

A surrender order or a temporary surrender order must be in the prescribed form (if any) and must—

This section applies if the District Court determines under section 24 or 45 that a person is or is not eligible for surrender in relation to any offence or offences for which surrender is sought, and either party considers the determination erroneous in point of law.

If this section applies, the party may appeal against the determination to the High Court on a question of law only.

To lodge an appeal the party must, within 15 days after the determination, file in the office of the court to which the appeal is being taken a notice of appeal in the prescribed form.

Section 59 of the Bail Act 2000 (which relates to the surrender of an appellant released on bail) applies with any necessary modifications to an appeal under this Part as if it were an appeal under subpart 8 of Part 6 of the Criminal Procedure Act 2011 against the determination by the District Court of a charge for an offence.

Subpart 8 of Part 6 of the Criminal Procedure Act 2011 applies as far as applicable with the necessary modifications to every appeal under this Part.

If—

the court may order that the person who is the subject of the determination continue to be detained or, as the case may be, issue a warrant for the arrest and detention of the person, pending the determination of the appeal.

If—

the District Court or the High Court may order that the person who is the subject of the determination continue to be detained or, as the case may be, issue a warrant for the arrest and detention of the person, pending the determination of the appeal.

If a person is detained under an order made under this section or arrested and detained under a warrant issued under this section,—

Without limiting section 28 or section 53, a person whose surrender is sought may, by a waiver in the prescribed form, waive the following rights:

The High Court must hear and determine the question or questions of law arising on any case transmitted to it, and do 1 or more of the following things:

In hearing and determining the question or questions of law arising on any case transmitted to it, the court—

Without limiting section 72, if the appeal is against a determination that a person is eligible for surrender, and the court reverses the determination in respect of which the case has been stated, the court must also either—

Without limiting section 72, if the appeal is against a determination that a person is eligible for surrender in respect of 2 or more offences, and the court determines that the determination includes an error of law that relates to only 1 or some of those offences, the court may amend the determination and—

Despite subsections (1) and (2), if an appeal is against a determination that a person is eligible for surrender, and the court determines that there has been an error of law, it may nevertheless decline to reverse or amend the determination in respect of which the case has been stated if it considers that no substantial wrong or miscarriage of justice has occurred and that the determination ought to be upheld.

Without limiting section 72, if the appeal is against a determination that a person is not eligible for surrender, and the court determines that the determination includes an error of law, the court may,—

In any proceedings under this Act, a Judge or court may receive evidence tendered by or on behalf of a person whose surrender is sought that is relevant to the restrictions on surrender in sections 7 and 8 if the Judge or court considers the evidence is reliable, whether or not the evidence is otherwise admissible in a court of law.

Subsection (1) does not apply to evidence gathered in New Zealand.

Without limiting section 25, in any proceedings under this Act,—

are, if duly authenticated, admissible as evidence.

Nothing in subsection (1) authorises the reception of any such depositions, certificates, or judicial documents in evidence against any person on his or her trial for any offence.

Without limiting section 25, in any proceedings under this Act where direct oral evidence of a fact or opinion would be admissible, a statement made in any deposition, official certificate, or judicial document taken, given, or made outside New Zealand and tending to establish that fact or opinion is, if duly authenticated, admissible as evidence of that fact or opinion.

Nothing in section 25 or sections 74 to 76 prevents the admission in evidence of any document in accordance with any other enactment or rule of law applicable in New Zealand.

For the purposes of this Act, any warrant, deposition, exhibit, official certificate, or judicial document issued, taken, given, received, or made outside New Zealand, and any copy of any such document, is duly authenticated if—

Every court must take judicial notice of every signature or seal referred to in subsection (1).

For the purpose of any request made by New Zealand for the surrender of a person from another country, the District Court may, in the absence of the person accused or convicted of an offence, take evidence in the same manner, so far as applicable, as the procedure set out for the taking of oral evidence under sections 95 to 99 of the Criminal Procedure Act 2011.

For the purposes of taking evidence under subsection (1), the District Court Judge has the same jurisdiction and powers as if the proceedings were the taking of oral evidence under subpart 8 of Part 3 of the Criminal Procedure Act 2011.

Nothing in this section authorises the reception of any evidence referred to in subsection (1) in evidence against any person on his or her trial for any offence.

For the purposes of section 7(a), a certificate signed by the Minister stating that the offence for which the surrender of any person is sought is an offence of a political character is conclusive evidence of its contents.

A certificate signed by the Secretary of Foreign Affairs and Trade—

is sufficient evidence of the terms of that arrangement or undertaking.

A certificate signed by the Secretary of Foreign Affairs and Trade stating that—

is, for the purposes of any proceedings under this Act, sufficient evidence of the facts stated in the certificate.

A court or a person acting judicially to which or to whom any certificate under subsection (2) or subsection (3) is produced must take judicial notice of the signature on it of the Secretary of Foreign Affairs and Trade.

An Order in Council made under section 15 or section 16 or section 40 that recites the terms of the extradition treaty to which it relates is, while it continues in force, conclusive evidence of those terms.

If a person is arrested on a warrant issued or endorsed under this Act, a constable may search, without further warrant, the person arrested and may seize any thing, including any sum of money, found on the person or in the person’s possession if the constable believes on reasonable grounds that the thing on the person or in the person’s possession may be evidence as to the commission of any offence in relation to which the warrant to arrest was issued or endorsed or for which the surrender of the person is sought by the extradition country concerned.

If there is no suitable searcher available at the place where the search is to take place, the person to be searched may be taken to another place to be searched.

Nothing in this section limits or affects any power under section 11 of the Search and Surveillance Act 2012.

If a person is arrested on a warrant issued or endorsed under this Act, a constable may take the identifying particulars of that person in accordance with section 32 of the Policing Act 2008 as if that person is detained in lawful custody for committing an offence against New Zealand law.

This section applies if—

An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided in subpart 3 of Part 4 of that Act, is satisfied that there are reasonable grounds for believing that there is, in or on any place or thing, any thing that may be evidence as to the commission of an extradition offence for which surrender is sought, may issue a search warrant.

This section does not limit or affect the ability of a foreign country to make a request for assistance under the Mutual Assistance in Criminal Matters Act 1992.

The provisions of Part 4 of the Search and Surveillance Act 2012 (except subpart 6) apply.

Subsection (2) applies if a person is ordered to be surrendered under this Act.

The court may direct that any thing, including a sum of money, that may be evidence of the offence the person is alleged to have committed or has committed (including any thing seized under section 82 or section 85) be delivered with the person on the person’s surrender to the extradition country.

The court may refuse to direct that any particular thing referred to in subsection (2) be delivered with the person if the court is satisfied that the thing is required for the investigation of an offence within the jurisdiction of New Zealand, or the possession of the thing by the person would be unlawful in New Zealand.

If the person cannot be surrendered by reason of his or her death or escape from custody, any thing referred to in subsection (2) must, if the court directs, be delivered up to the extradition country.

Subsection (6) applies if a person is discharged under this Act without being surrendered.

Subject to subsection (7), the court may direct that any thing seized under section 82 or section 85, including a sum of money, be returned to the person.

The court may refuse to direct that any particular thing referred to in subsection (6) be returned to the person if the court is satisfied that the thing is required for the investigation of an offence within the jurisdiction of New Zealand, or the possession of the thing by the person would be unlawful in New Zealand.

This section applies to a person (the transferee) who is being transported in custody to any country to which Part 3 or Part 4 applies (the extraditing country) from any other country for the purpose of being surrendered to the extraditing country.

A transferee may be transported through New Zealand for the purpose of being surrendered to the extraditing country.

If the aircraft or ship that transports a transferee lands or calls at any place in New Zealand,—

If—

the Minister must make a removal order under section 96.

If a person is—

that person is not required to hold a visa under the Immigration Act 2009 if, and for so long as, the person is in New Zealand in accordance with the provisions of this Act.

If a person is returned to New Zealand to continue serving a sentence of imprisonment after being temporarily surrendered to an extradition country under Part 3 or Part 4, the status of the person for the purposes of the Immigration Act 2009 is not affected by the fact that the person was temporarily surrendered.

Section 93 applies if—

If this section applies, the Minister must make a removal order under section 96 in respect of the person unless the Minister is satisfied that, because of special circumstances in relation to the person, it would be inappropriate to order the removal of the person.

If the Minister does not make a removal order in respect of the person, the Minister must issue a certificate under section 94.

A certificate issued by the Minister under this section—

The certificate is, while it remains in force, sufficient authority for the person named in the certificate to remain in New Zealand.

If the Minister issues a certificate, the Minister may, if he or she thinks fit, refer the person’s case to the Minister of Immigration for consideration under section 61 of the Immigration Act 2009, and in that case that section applies for the purposes of this section as if the person were a person required to hold a visa under that Act to be in New Zealand.

Except as provided in subsection (3), nothing in the Immigration Act 2009 applies to the person named in the certificate while the certificate is in force.

If,—

the Minister must cancel the certificate issued under this section, and must make a removal order under section 96 in respect of the person.

If the certificate issued under section 94 orders that the person be taken into custody, the certificate is sufficient authority for a constable to arrest the person and take the person into custody.

A person who is taken into custody under this section must, unless sooner released, be brought before a District Court Judge as soon as possible and, after that, every 21 days while the certificate is in force, to determine in accordance with subsection (3) whether the person should be detained in custody or released pending the decisions referred to in section 94(5).

If a person is brought before a District Court Judge under subsection (2), the Judge may, if the Judge is satisfied that the person is the person named in the certificate,—

A warrant for the detention of the person issued under subsection (3)(a) may authorise the detention of the person in a prison or any other place in which the person could be detained under section 26(1)(a) if the person were subject to proceedings under Part 3.

A removal order made by the Minister under this section—

The removal order must be served on the person named in the order in the manner prescribed by regulations made under this Act.

If the removal order authorises the detention of the person in custody, the person may be detained—

If a person is not able to be conveyed out of New Zealand within 48 hours after service of the removal order, the person must be brought before a District Court Judge to determine in accordance with subsection (5) whether the person should be detained in custody or released pending that person’s removal from New Zealand.

If a person is brought before a District Court Judge under subsection (4), the Judge may, if the Judge is satisfied that the person is the person named in the order,—

A warrant for the detention of the person issued under subsection (5)(a) may authorise the detention of the person in a prison or any other place in which the person could be detained under section 26(1)(a) if the person were subject to proceedings under Part 3.

A removal order made under this section continues in force until it is executed or is cancelled.

Nothing in the Immigration Act 2009 applies to the person named in the removal order while the order is in force.

Nothing in this Part authorises the removal of a New Zealand citizen from New Zealand.

If, under this Act or any order made under this Act, a person is required to be detained in custody, any constable may detain the person and convey him or her for the purpose of detention—

The laws relating to the conditions of imprisonment of persons awaiting trial for offences against the law of New Zealand, the treatment of such persons during imprisonment, and the transfer of such persons between institutions apply, so far as applicable and with the necessary modifications, to a person detained in a prison under this Act pending surrender, other than temporary surrender.

If a person is detained in a prison or is otherwise detained in custody pending surrender under this Act, the person is deemed for the purposes of section 184 of the Corrections Act 2004 to be a person committed to an institution, until he or she is conveyed out of New Zealand.

This section is subject to section 66.

If 2 or more countries seek and obtain an order for the surrender of the same person under Part 3 or Part 4, the Minister must determine to which (if any) of those countries the person is to be surrendered.

In making a determination under subsection (1), the Minister must have regard to all the circumstances of the case and, in particular, to—

Despite subsection (1), if a request for the surrender of a person is received from the International Criminal Court and from 1 or more countries, the priority of the requests must be determined by the Minister in accordance with sections 61 to 64 of the International Crimes and International Criminal Court Act 2000.

If, after the commencement of this Act, an extradition treaty is made between New Zealand and another country, any offence that is specified as an extradition offence for the purposes of that treaty (whether the offences in the treaty are specified individually or more generally described) must be an offence punishable under the law of New Zealand and the other country for which the maximum penalty is imprisonment for not less than 12 months or any more severe penalty.

An extradition treaty made between New Zealand and another country after the commencement of this Act must—

An extradition treaty between New Zealand and an extradition country must be construed to give effect to every specified provision (being a provision relating to the inclusion of offences within certain treaties by operation of law).

For the purposes of subsection (1), each of the following provisions is a specified provision:

For the purposes of this Act and any Order in Council in force under section 15 or section 104, the following offences are deemed to be offences described in any extradition treaty concluded before the commencement of section 6 of the Extradition Amendment Act 2002 and for the time being in force between New Zealand and any foreign country that is a party to a convention or protocol referred to in subsection (5):

A person whose surrender is sought from New Zealand in respect of an act that amounts to an offence deemed by subsection (1) to be an offence described in an extradition treaty is liable to be surrendered in accordance with this Act and the applicable extradition treaty, whether the act occurred before or after the commencement of section 6 of the Extradition Amendment Act 2002.

Subsection (2) does not apply in respect of an act that, had it occurred within the jurisdiction of New Zealand, would not, at the time that it occurred, have constituted an offence under New Zealand law.

A certificate under the hand of the Minister of Foreign Affairs and Trade that a foreign country is a party to the TOC convention, the migrants protocol, or the trafficking protocol is, in the absence of proof to the contrary, sufficient evidence of that fact.

For the purposes of this section,—

For the purposes of this Act and any Order in Council in force under section 15 or section 104,—

A person whose surrender is sought from New Zealand in respect of an act that amounts to an offence deemed by subsection (1) to be an offence described in an extradition treaty is liable to be surrendered in accordance with this Act and the applicable extradition treaty, whether the act occurred before or after the commencement referred to in subsection (1)(a), (b), (c), or (d), as the case requires.

Subsection (2) does not apply in respect of an act that, had it occurred within the jurisdiction of New Zealand, would not, at the time that it occurred, have constituted an offence under New Zealand law.

A certificate given and signed by the Minister of Foreign Affairs and Trade that a foreign country is a party to the protocol referred to in subsection (5) is, in the absence of proof to the contrary, sufficient evidence of that fact.

The protocol to which this section applies is the Optional Protocol to the United Nations Convention on the Rights of the Child on the sale of children, child prostitution, and child pornography adopted by the General Assembly of the United Nations at New York on 25 May 2000.

For the purposes of this section, a foreign country includes a territory if—

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

Regulations made under subsection (1)(e) may provide for different practice and procedure in relation to proceedings under Part 3 than in relation to proceedings under Part 4.

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Rules regulating the practice and procedure in appeals to the High Court under this Act may be made in the manner in which rules of court are made under the Senior Courts Act 2016.

Every Order in Council made under section 3 of the Extradition Act 1965 that continued to have effect immediately before the commencement of this Act continues to have effect, and may be amended or revoked, as if it had been made under section 15.

Every Order in Council made under the provisions of the Extradition Acts 1870 to 1935 of the United Kingdom Parliament and specified in Schedule 1 continues to have effect, and may be amended, as if it had been made under section 15.

The Governor-General may, by Order in Council, declare that an Order in Council referred to in subsection (2) ceases to have effect as part of the law of New Zealand.

This section does not limit section 105.

An order under subsection (3) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Subsection (2) applies to any Order in Council referred to in subsection (1) or subsection (2) of section 104 that has not been amended and has not ceased to have effect since the commencement of this Act.

If this subsection applies,—

A warrant issued or endorsed in New Zealand under the Fugitive Offenders Act 1881 of the United Kingdom Parliament, and in force immediately before the commencement of this Act in respect of a person from a Commonwealth country to which Part 3 or Part 4 applies on the commencement of this Act, has effect as if it had been issued in accordance with the applicable Part of this Act by a person having authority under that Part to issue such a warrant.

An order of a court made before the commencement of this Act in relation to a person referred to in subsection (1) has effect as if it had been made under Part 3 or Part 4, as the case may be.

Any proceedings instituted before the commencement of this Act in relation to a person referred to in subsection (1) under the Fugitive Offenders Act 1881 of the United Kingdom Parliament may be continued and dealt with under the applicable Part of this Act.

A warrant issued in New Zealand under the Extradition Act 1965, and in force immediately before the commencement of this Act in respect of a person from a foreign country, has effect as if it had been issued in accordance with Part 3 by a person having authority under that Part to issue such a warrant.

An order of a court made before the commencement of this Act in relation to a person referred to in subsection (4) has effect as if it had been made under Part 3.

Any proceedings instituted before the commencement of this Act in relation to a person referred to in subsection (4) under the Extradition Act 1965 may be continued and dealt with under Part 3.

An order for the surrender of a person made before the commencement of this Act under the Extradition Act 1965 has effect as if it had been made under Part 3.

Nothing in this section limits the Interpretation Act 1999.