Contents

Chapter 10
Admissible evidence

Introduction

10.1Under the Extradition Act 1999 evidence is ordinarily presented in an extradition proceeding in writing. This may take the form of formal written statements, documentary evidence and, in some instances, a Record of the Case. There is very limited scope for cross-examination.297
10.2In the Issues Paper, we proposed that this presumption in favour of written evidence should be retained.298 We added that this should be achieved through express provisions in the Extradition Bill rather than by cross-referencing the Summary Proceedings Act 1957 or the Criminal Procedure Act 2011 (as the 1999 Act does).299 There was no opposition to that proposal during the consultation process.

10.3In this chapter, we explain how the Extradition Bill, in conjunction with the Evidence Act 2006, will give effect to our proposal. This builds on our discussion of the Record of the Case in Chapter 9. It also deals with documentary evidence, written statements and oral evidence orders.

297Extradition Act 1999, ss 22(1)(b) and 43(1)(b); Summary Proceedings Act 1957, pts 5 and 5A (now repealed); and Criminal Procedure Act 2011, s 35.
298Law Commission Extradition and Mutual Assistance in Criminal Matters (NZLC IP37, 2014) [Issues Paper].
299At [9.59]–[9.60].