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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 7
Categorisation of countries
Introduction
How many categories?
Is there a special case for Australia?
Standard and simplified procedures
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