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IP37 Extradition and Mutual Assistance in Criminal Matters

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Contents

General information
Call for submissions
Foreword
Acknowledgements
Chapter 1 - Review of the Extradition Act and Mutual Assistance in Criminal Matters Act
- Review process and this issues paper
- Principles behind our review
- Why the law of extradition and mutual assistance in criminal matters is important
- What is wrong with the current law?
- Principal proposals for a new Extradition Act
- Principal proposals for MACMA
- Our approach to the importance of human rights in this reference
Part 1 Extradition Act
Chapter 2 - Introduction to extradition
- What is extradition?
- How extradition law developed
- Elements of New Zealand's current extradition scheme
- Extradition Act 1999
- Extradition in practice
- This part of the issues paper
Chapter 3 - Giving effect to international obligations
- Introduction
- The treaties
- Treaties and the Extradition Act 1999
- Approaches to treaties in comparable jurisdictions
- Options for reform
- Extradition to the International Criminal Court or war crimes tribunals
Chapter 4 - Roles and responsibilities
- Introduction
- Summary of current roles and responsibilities
- A central authority for extraditions through the standard procedure
- Agency roles
- Ministerial roles
- Cabinet's role
- Judicial role
Chapter 5 - Extradition offences
- Introduction
- Current law
- Issues
Chapter 6 - Categorisation of countries
- Introduction
- Current categorisation
- The importance of categorisation
- How should the Act approach categorisation?
Chapter 7 - Inquiry into the case against the person sought
- Introduction
- Current New Zealand approaches
- International approaches
- Does New Zealand's approach need reform?
- Proposals and options for reform
Chapter 8 - Grounds for refusing surrender
- Introduction
- Existing grounds for refusal
- Features of grounds for refusal in other jurisdictions
- Summary of proposals
- Relationship between treaties and grounds for refusal in the Act
- Decision maker for the grounds for refusal
- Grounds under the Extradition Act
- Further grounds for consideration
- Is this step in the extradition process necessary for Category 1 countries?
Chapter 9 - Procedure
- Introduction
- The jurisdiction of the court
- The arrest warrant
- Bail
- Disclosure
- The substantive hearing
- Appeal
- The Minister's decision
Chapter 10 - Refugee proceedings and extradition
- Introduction
- International obligations
- Current law in New Zealand
- Interrelationship between refugee and extradition decisions and proceedings
- Possible reforms to the Extradition Act
- Disclosure of proceedings
Chapter 11 - Extradition to New Zealand
- Introduction
- Part 6 of the Extradition Act 1999
Part 2 Mutual Assistance in Criminal Matters Act
Chapter 12 - Introduction
- Overview
- The legislation
- Guiding principles of the MACMA review
- Layout of Part 2 of this issues paper
Chapter 13 - Giving effect to international commitments
- Introduction
- Key international commitments
- The relationship between New Zealand's international commitments and MACMA
- A new framework
Chapter 14 - The Central Authority
- Introduction
- Role of the Central Authority
- Who is best placed to undertake this function?
- Privilege
Chapter 15 - Grounds for refusing assistance
- Introduction
- Mandatory grounds
- Discretionary grounds
- Possible further grounds for refusal
- General issues
Chapter 16 - Proceeds of crime requests
- Introduction
- Background
- Foreign assistance provided by New Zealand
Chapter 17 - Search and surveillance requests
- Introduction
- Comparing the two regimes
- International obligations
- Necessary modifications to the domestic regime
- The Central Authority's gatekeeping role
Chapter 18 - Requests for information
- Introduction
- Processing requests
- Interviewing voluntary witnesses
- Provision of material lawfully obtained
Chapter 19 - Managing the overlap with inter-agency mutual assistance regimes
- Introduction
- Inter-agency mutual assistance regimes
- Interaction between MACMA and inter-agency regimes
- Options for reform
Chapter 20 - The ability of defendants to use MACMA
- Introduction
- New Zealand practice
- The Harare Scheme
- Approaches taken overseas
- Should defence requests be permitted?
- Our preferred approach
Chapter 21 - Procedural concerns
- Introduction
- New technology in the provision of evidence
- Urgent requests
- Cost contribution
Chapter 22 - Outgoing requests
- Introduction
- The value of Part 2
- Authentication and admissibility of documents received
Appendix A - Terms of reference
Appendix B - New Zealand's bilateral extradition treaties
Appendix C - Multilateral treaties containing extradition obligations
Appendix D - List of questions

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Chapter 4
Roles and responsibilities

Key Proposals

Proposals: The new Act should formally establish a central authority for extradition that would be responsible for receiving, managing, and executing extradition requests in the standard procedure. The central authority should be either the Attorney-General or the Solicitor-General. Ministers of the Crown and other agencies need to be involved in the extradition process; however, there should be a clear division of responsibilities.

Rationale: A clearer and more efficient structure will enable more effective cooperation with foreign states, reduce administrative complexity, and remove any confusion of roles.

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