Chapter 1

The principles behind our review

1.4This Report recommends enacting a new Extradition Act and a new Mutual Assistance in Criminal Matters and for Recovery of Criminal Proceeds Act. With this in mind, Part 4 of this Report includes two draft Bills. These Bills reflect the principles that we set out in our Issues Paper, namely:

(a) The regimes should facilitate and support New Zealand’s international obligations, and its role as an international citizen, in prosecuting and preventing crime.

(b) At the same time, the reforms as a whole should promote procedural fairness and protection of the rights of individuals who are the subject of extradition or mutual assistance requests.

(c) Purely technical or procedural impediments to achieving (a) and (b) should be minimised in favour of substantive opportunities to provide assistance while at the same time protecting the rights of those being extradited or investigated.15
15Law Commission Extradition and Mutual Assistance in Criminal Matters (NZLC IP37, 2014) [Issues Paper] at [1.5].