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”. 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.
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.
8.13The simplified procedure will only be available to requesting countries that have been classified by New Zealand as “approved countries” under the Act. We envisage that at the outset Australia and the United Kingdom will be the only approved countries.