New Zealand Acts

EXTRADITION ACT 1999 - SECT 66

66 Person temporarily surrendered to New Zealand

1 If a person is temporarily surrendered by a country to New Zealand subject to a condition, or pursuant to an undertaking given by the Minister, that the person will be kept in custody while the person is in New Zealand, then—

a) the person must while in New Zealand be kept in such custody as the Minister directs in writing; and

b) a direction given under paragraph (a) is sufficient authority for the detention of the person in accordance with the terms of the direction; and

c) if a person is directed to be detained in a prison, the Corrections Act 2004 , so far as applicable and with the necessary modifications, applies with respect to the person as if the person were a person sentenced to imprisonment for an offence against the law of New Zealand and liable to be detained under such a sentence.

2 If a person is temporarily surrendered by a country to New Zealand subject to a condition, or pursuant to an undertaking given by the Minister, that the person will be returned to the country, the Minister must arrange for the person to be returned at a time in accordance with the condition or undertaking.

3 If the person is being held in custody for the purpose of subsection (1) or subsection (2), and the country from which the person was surrendered requests the release of the person from custody, the Minister must order that the person be released from custody unless the person is otherwise liable to be held in custody.

Note: 1992 No 86 s 15(1)–(3) ; Extradition Act 1988 s 44 (Aust)

History: Section 66(1)(c): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).