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R137 Modernising New Zealand’s Extradition and Mutual Assistance Laws

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Contents

General information
Letter to the Minister
Foreword
Acknowledgements
Summary
- What is wrong with the current law
- Principal proposals for a new Extradition Act
- Principal proposals for mutual assistance
Part 1 Background and Conceptual Issues
Chapter 1 - Introduction
- Our major recommendation
- Origins of reference
- The principles behind our review
- Progress of this review
- Submissions received
- Other consultation
- The nature and structure of this report
Chapter 2 - The core role of the Central Authority
- Introduction
- Independence from politics
- Maintaining New Zealand values within an international context
- Central Authority’s role in the Mutual Assistance Bill
- The new Central Authority’s role in the Extradition Bill
- Attorney-General or Solicitor-General
- Communication with the requesting country
Chapter 3 - The role of treaties
- No requirement for a treaty
- The differing nature of extradition and mutual assistance treaties
- Treaties and our Extradition Bill
- Treaties and our Mutual Assistance Bill
Chapter 4 - The relationship with the New Zealand Bill of Rights Act
- Introduction
- Extradition
- How the Extradition Bill reflects NZBORA
- How the Mutual Assistance Bill reflects NZBORA
Chapter 5 - Grounds for refusal
- Introduction
- Extradition
- Mutual assistance
Part 2 Extradition
Chapter 6 - Extradition offence
- Introduction
- Possible areas of reform
- Extradition offence in the Bill
Chapter 7 - Categorisation of countries
- Introduction
- How many categories?
- Is there a special case for Australia?
- Standard and simplified procedures
Chapter 8 - Overview of court procedure
- Introduction
- Jurisdiction
- Specialisation
- The nature of the Court's task
- How to start an extradition case
- First appearance and bail
- Issues conference and case management
- Disclosure
- The extradition hearing
- Making a finding of liability and the extradition order
- Appeals and judicial review
Chapter 9 - The evidential inquiry
- Introduction
- The nature of the inquiry
- On what evidence should the Court base its decision?
Chapter 10 - Admissible evidence
- Introduction
- The Record of the Case
- Other types of evidence
Chapter 11 - Extradition and refugee proceedings
- Introduction
- The issues raised during consultation
- The extent of the overlap
- The need for separate proceedings
- Our recommendation for sequencing the proceedings
- UNHCR guidance
- The required legislation
Part 3 Mutual Assistance
Chapter 12 - The Structure of the new Bill
- Introduction
- A principles-based statute
- Requests from New Zealand
Chapter 13 - Managing the overlap with interagency mutual assistance schemes
- Introduction
- Relationship with MACMA
- Oversight of interagency mutual assistance regimes
Chapter 14 - Requests for information
- Introduction
- Information requests from the Central Authority to the domestic public agency
- Dealing with personal information
Chapter 15 - Defendant requests under the new Mutual Assistance Bill
- Introduction
- Outgoing requests
- Incoming requests
Part 4 Extradition and Mutual Assistance Bills with commentary
Chapter 16 - Extradition Bill and commentary
- Introduction
- Extradition Bill
- Commentary on selected provisions
Chapter 17 - Mutual Assistance in Criminal Matters and for Recovery of Criminal Proceeds Bill and commentary
- Introduction
- Mutual Assistance in Criminal Matters and for Recovery of Criminal Proceeds Bill
- Commentary on selected provisions
Appendices
Appendix A - List of submitters and consultees
- List of submitters
- Consultation list
- Expert advisory committee
Appendix B - Recommendations

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Chapter 1
Introduction

Submissions received

1.6We received seven detailed submissions in response to the Issues Paper: one from the New Zealand Law Society and six from government organisations.

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