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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 2
The core role of the Central Authority

Central Authority’s role in the Mutual Assistance Bill

2.7The Central Authority will continue to have a key gatekeeping role in relation to mutual assistance requests.25 It will continue to decide whether the criteria to assist have been met, and assess whether there are grounds that would require the requests to be refused.26 This role will ensure that New Zealand law enforcement mechanisms are only employed in accordance with New Zealand values, and the Central Authority will be accountable for the requests that are granted.

25Mutual Assistance in Criminal Matters and for Recovery of Criminal Proceeds Bill [Mutual Assistance Bill], cl 6.

26Mutual Assistance Bill, cls 18–19.

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