Contents

Chapter 8
Overview of court procedure

The nature of the Court’s task

8.11As described in Chapter 7, there will be two types of extradition cases: “standard” and “simplified”.198 For both types of case the Court’s task will be two-fold. First, it will need to determine whether the criteria for making an extradition order are satisfied. Second, it will need to decide whether there are any statutory reasons not to make the order.199
8.12The main difference between standard and simplified cases is that in simplified cases no inquiry is held into the evidence against the person sought for extradition. Instead these cases will focus heavily on the existence of a foreign arrest warrant. The foreign warrant will be a central document in simplified cases.200
8.13The simplified procedure will only be available to requesting countries that have been classified by New Zealand as “approved countries” under the Act.201 We envisage that at the outset Australia and the United Kingdom will be the only approved countries.202
198Extradition Bill, pt 2, sub-pts 2 (standard extradition procedure) and 3 (simplified extradition to approved countries).
199Extradition Bill, cls 34 (standard) and 44 (simplified).
200The Extradition Bill provides that in simplified cases the foreign arrest warrant must be attached to the extradition request (cl 37(2)(c)), must also be attached to the NIP (cl 39(2)(b)), may be endorsed by the District Court (cl 40(2)) and if endorsed, may be used by the New Zealand Police to arrest the respondent (cl 40(3)).
201Extradition Bill, cl 36.
202Extradition Bill, cl 123 governs the approval process.