*And to the Manager of [name of prison or other place]
Paragraph to be used where provisional arrest warrant was not issued
On [date] a warrant from [name of extradition country] for the arrest of [full name] of [address], [occupation], was endorsed by [name of Judge], District Court Judge, under section 41 of the Extradition Act 1999 and was duly executed on [full name] on [date].
Paragraph to be used where provisional warrant was issued
On [date] a provisional warrant for the arrest of [full name] of [address], [occupation], was issued by [name of Judge], District Court Judge, under section 42 of the Extradition Act 1999, and was duly executed on [full name] on [date].
*On [date] the District Court at [place,] determined that [full name] is eligible for surrender and issued a warrant for the detention of [full name] in [name and location of prison or other place] under section 46 of the Extradition Act 1999, pending surrender to [name of extradition country] or discharge according to law.
*On [date] [full name] notified the District Court at [place] that *he *she consents to being surrendered to [name of extradition country] and a warrant was issued for the detention of [full name] in [name and location of prison or other place] under section 53(2) of the Extradition Act 1999, pending surrender to [name of extradition country] or discharge according to law.
Although the District Court Judge was satisfied that the grounds for making a surrender order in respect of [full name] otherwise exist, the case has been referred to the Minister of Justice under section 48 of the Extradition Act 1999 for the following reason(s): [specify reason(s) for referral, being a ground set out in section 48].
*The period of 15 days after the issue of the warrant of detention elapsed on [date] and no application for a writ of habeas corpus or appeal has been lodged.
*On [date] in a judgment delivered in the High Court at [place], *an application for a writ of habeas corpus *an appeal by [full name] was *dismissed and the period for further appeal elapsed on [date]. [Give details of decision if necessary].
*By a waiver dated [date] [full name] has waived *his *her right to apply for habeas corpus or to appeal the determination of the District Court.
The Minister of Justice has received from [state name of Judge making final decision on eligibility for surrender] a copy of the warrant of detention, the record of the offences in relation to which the court has determined [full name] is eligible for surrender, and other material referred to in section *48(5) *53(2)(b) of the Extradition Act 1999.
[Full name] is currently *detained at [name of prison or other place] *on bail.
I am satisfied that an order for the surrender of [full name] may now be made under section 50 of the Extradition Act 1999.
I order the surrender of [full name] to [name of extradition country] to be dealt with there according to law in relation to the following offence(s): [specify all offence(s) in relation to which person is being surrendered]; and
*I order you, the Manager of [name of prison or other place], to release [full name] into the custody of any constable, or any officer or security officer within meaning of section 3(1) of the Corrections Act 2004.
*I authorise any constable to take [full name] who is currently on bail into custody; and
I authorise the constable or other officer to transport [full name] in custody and, if necessary or convenient, to detain [full name] in custody, for the purpose of enabling [full name] to be placed in the custody of [give details of any person authorised to receive person on behalf of extradition country] whom I authorise to take [full name] into custody and transport out of New Zealand as soon as practicable to [name of extradition country].
Additional paragraph where order does not come into effect immediately
*This order comes into effect in accordance with section 51 of the Extradition Act 1999—
*(a)
when [full name] ceases to be liable to be detained in a prison for an offence against the law of New Zealand:
*(b)
at the expiry of [state period applicable where commencement deferred under section 51(4)].
Dated at . this . day of . *19/*20 .
Schedule form EA 8: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Schedule form EA 8: amended, on 1 October 2008, pursuant to section 116(a)(iv) of the Policing Act 2008 (2008 No 72).
Schedule form EA 8: amended, on 1 June 2005, by section 207 of the Corrections Act 2004 (2004 No 50).