Chapter 2
Introduction to extradition

Elements of New Zealand’s current extradition scheme

2.9As a result of this history, there are several elements to New Zealand’s current extradition arrangements:

Inherited treaties: Prior to New Zealand’s ratification of the Statute of Westminster in 1947, the United Kingdom entered into extradition treaties on New Zealand’s behalf. New Zealand may continue to be bound as a successor state to 41 of these treaties.19
Bilateral treaties: New Zealand has negotiated bilateral extradition treaties with four countries: the Republic of Korea, Hong Kong, Fiji, and the United States of America.20
Multilateral treaties with extradition provisions: New Zealand is a party to at least 25 multilateral treaties that contain extradition provisions.21
Commonwealth countries: New Zealand is currently a member of the London Scheme for Extradition within the Commonwealth.22
Domestic legislation: The New Zealand Parliament enacted its first Extradition Act in 1965. A separate process applied to extradition to and from Commonwealth countries under the Fugitive Offenders Act 1881 (Imp).23 The Extradition Act 1999 replaced both Acts with a single statute to cover all extraditions.

19See [3.9]. The extradition treaties to which New Zealand may be bound as a successor state are with Albania, Argentina, Australia, Austria, Belgium, Bolivia, Brazil, Chile, Colombia, the Czech Republic, Denmark, Ecuador, El Salvador, Estonia, Finland, France, the Gilbert and Ellice Islands, Greece, Hungary, India, Iraq, Italy, Latvia, Liberia, Lithuania, Luxembourg, Mexico, Monaco, Nauru, the Netherlands, Nicaragua, Norfolk Island, Panama, Papua New Guinea, Paraguay, Peru, Poland, Portugal, Romania, Russia, Samoa, San Marino, Serbia, the Solomon Islands, Spain, Sweden, Switzerland, Thailand, Tonga, and Uruguay: see Ministry of Foreign Affairs and Trade “Treaties and International Law: Extradition” (24 November 2010) <www.mfat.govt.nz>.

20See [3.11].

21See [3.7]–[3.8] and Appendix C.

22London Scheme for Extradition within the Commonwealth (incorporating the amendments agreed in Kingstown in November 2002), formerly known as Commonwealth Scheme on the Rendition of Fugitive Offenders, adopted in 1966.

23Fugitive Offenders Act 1881 (Imp) 44 & 45 Vict c 69.

Previous pageNext page

Chapter 2 Introduction to extradition

Elements of New Zealand’s current extradition scheme

Chapter 2
Introduction to extradition