Extradition

A country requesting extradition may rely on either an international treaty or on the domestic law of the foreign country. New Zealand’s extradition procedures are laid out in the Extradition Act 1999(external link) (the Act), which governs the extradition of persons to and from New Zealand. The Act does not require a foreign country to have a treaty to request extradition from New Zealand.

Requests to New Zealand

Extradition to: Commonwealth countries; countries with which New Zealand has a treaty; or countries designated by Order in Council

Part 3 of the Act sets out the standard extradition procedure for requests to New Zealand made by these countries. A request is sent through diplomatic channels to the New Zealand Minister of Justice. If the Minister accepts the request, it then goes to the New Zealand District Court to issue an arrest warrant for the person. The person is brought before the Court to determine their eligibility for surrender. The decision of the Court may be appealed. If a person is determined to be eligible for surrender, the Minister of Justice will make the final decision on surrender.

Evidence is required to be submitted with an extradition request. In order for a request to be successful, a prima facie standard of evidence is required. The prima facie standard requires a request to be supported by evidence that would provide sufficient grounds to commit a person to trial in New Zealand.

New Zealand extradition law generally does not distinguish between New Zealand citizens and non-citizens when considering requests. Exceptions to this principle include treaty restrictions, order in council restrictions and undertakings or arrangements.

Extradition to Australia and the United Kingdom

Part 4 of the Act provides a streamlined “backed warrants” extradition procedure with Australia and the United Kingdom. A request may be submitted via Police channels, rather than through diplomatic channels as required under Part 3. This procedure allows a New Zealand District Court Judge to endorse an arrest warrant that has been issued by a court or a judge in the requesting country. The person may then be surrendered for trial in these countries without establishing a prima facie case against them.

Extradition to other countries

Part 5 of the Act allows countries with which New Zealand has no formal extradition relationship and that are not members of the Commonwealth to request extradition from New Zealand. The New Zealand Minister of Justice decides whether or not a certain case should proceed on the basis of:

• Reciprocity;
• The seriousness of the offence;
• The object of the Act; and 
• Any other matters the Minister considers relevant.

This Part is also used to apply the Act to requests made to New Zealand under multilateral treaties (e.g. United Nations Convention against Transnational Organised Crime). If the request does proceed, the standard procedure in Part 3 is used.

Requests by New Zealand

Request for extradition by New Zealand can be made pursuant to any relevant treaty. However, the Extradition Act 1999 allows New Zealand to request the extradition of person from any country. Whether another country is able to extradite to New Zealand in the absence of a treaty is dependent on its domestic law.

Extradition treaties

New Zealand has concluded four extradition treaties (text of the treaties is available on New Zealand Treaties Online(external link)):

• Treaty on Extradition between New Zealand and the Republic of Korea 2001;
• Agreement for the Surrender of Accused and Convicted Persons between the Government of New Zealand and the Government of the Hong Kong Special Administrative Region of the People's Republic of China 1998;
• Agreement on Extradition between the Government of New Zealand and the Government of the Republic of Fiji 1992; and
• Treaty on Extradition between New Zealand and the United States of America 1970.

However, New Zealand may also be bound as a successor state to extradition treaties concluded on its behalf by the United Kingdom prior to independence:
Albania, Argentina, Australia, Austria, Belgium, Bolivia, Brazil, Solomon Islands, Chile, Colombia, the Czech Republic, Denmark, El Salvador, Estonia, Ecuador, Finland, France, the Gilbert and Ellice Islands, Greece, Hungary, India, Iraq, Italy, Latvia, Liberia, Lithuania, Luxemburg, Monaco, Mexico, Nauru, Netherlands, Papua New Guinea, Nicaragua, Norfolk Island, Panama, Paraguay, Peru, Poland, Portugal, Romania, Russia, Samoa, San Marino, Serbia, Spain, Sweden, Switzerland, Thailand, Tonga, and Uruguay. 

These treaties may also apply between New Zealand and other successor states.

Construction of treaties

Where there is an extradition treaty in force between New Zealand and another country, the treaty will set out the conditions under which a person may be extradited. This is subject to certain provisions of the Extradition Act 1999, which no treaty may be construed to override.

Contact

Extradition requests to/by New Zealand are communicated between governments through diplomatic channels.