Extradition Act 1999

• Jurisdiction: New Zealand
• Coming into Force: 28 October 2021
• Reference: 1999 No 55
• Citation: 1999 No 55
• Year: 1999
• Record Number: DLM25627
• Act Number: 55
• Type of Document: Act

Contenidos

• Extradition Act 1999
• Preamble
• Contents
• 1 Short Title and commencement
• Part 1
• 2 Interpretation
• 3 Meaning of extraditable person
• 4 Meaning of extradition offence
• 5 Interpretation provisions relating to offences
• 6 Application of Act
• 7 Mandatory restrictions on surrender
• 8 Discretionary restrictions on surrender
• 9 Application of sections 7 and 8
• 10 Act binds the Crown
• 11 Construction of extradition treaties
• Part 2
• 12 Object of this Act
• Part 3
• 13 Countries to which this Part applies
• 14 No treaty required for Commonwealth countries
• 15 Orders in Council in respect of treaties
• 16 Extradition to non-Commonwealth countries in absence of treaty
• 17 Exempted countries
• 18 Request for surrender
• 19 Minister may request issue of arrest warrant
• 20 Provisional arrest warrant may be issued
• 21 Notice to Minister
• 22 Powers of court
• 23 Procedure following arrest
• 24 Determination of eligibility for surrender
• 25 Record of case may be submitted by exempted country at hearing
• 26 Procedure following court's determination of whether person eligible for surrender
• 27 Detention in place other than prison
• 28 Surrender by consent
• 29 Consent to surrender for offences that are not extradition offences
• 30 Minister must determine whether person to be surrendered
• 31 Surrender order
• 32 Further provisions relating to surrender order
• 33 Temporary surrender to extradition country
• 34 Request for return after temporary surrender
• 35 Discharge of person if Minister declines to order surrender
• 36 Discharge of person if not surrendered within 2 months
• 37 Discharge of person if not resurrendered
• 38 Discharge of person under this Part does not preclude further proceedings
• Part 4
• 39 Application of this Part
• 40 Designated countries
• 41 Endorsement of warrant issued in extradition country
• 42 Issue in New Zealand of provisional arrest warrant
• 43 Powers of court
• 44 Procedure following arrest
• 45 Determination of eligibility for surrender
• 46 Procedure following court's determination of whether person eligible for surrender
• 47 Court must make surrender order immediately if case not referred to Minister
• 48 Referral of case to Minister in certain circumstances
• 49 Minister must determine if person to be surrendered if case referred
• 50 Surrender order
• 51 Further provisions relating to surrender order
• 52 Detention in place other than prison
• 53 Surrender by consent
• 54 Temporary surrender to extradition country
• 55 Request for return after temporary surrender
• 56 Discharge of person if Minister declines to order surrender
• 57 Discharge of person if not surrendered within 2 months
• 58 Discharge of person if person not resurrendered
• 59 Discharge of person under this Part does not preclude further proceedings
• Part 5
• 60 Extension of Act for individual requests
• Part 6
• 61 Request for surrender of person to New Zealand
• 62 Request for information about time spent in custody overseas
• 63 Surrendered person to be brought into New Zealand
• 64 Surrendered person not to be tried for previous offence in certain circumstances
• 65 Return of surrendered person if proceedings not commenced within 6 months
• 66 Person temporarily surrendered to New Zealand
• Part 7
• 67 Form and execution of surrender order or temporary surrender order
• Part 8
• 68 Appeal on question of law only
• 69 Application to appeal of Bail Act 2000 and Criminal Procedure Act 2011
• 70 Custody pending determination of appeal
• 71 Waiver of rights to apply for habeas corpus or to lodge appeal
• 72 Powers of court on appeal
• 73 Further provisions...