Chapter 6
Categorisation of countries

Current categorisation

6.5The present system of categorisation in the Extradition Act involves complexity both in the number and type of categories and the way that countries are categorised. It has not proved effective as a means of creating clear pathways for different types of countries to engage with New Zealand on extradition.

Existing categories

6.6The Extradition Act has two main categories of countries. In addition, there are two subcategories of countries, which add to or alter elements of the decision making process. Countries must fall within one of these categories in order for their extradition request to be able to be considered in New Zealand. The current categories can be summarised as follows:

6.7Within a Part 3 Country there are two further subcategories:

How countries are categorisedTop

6.8The current categorisation system requires ministerial and Cabinet decisions to include countries under each category. Criteria under the Act guide those decisions.

6.9To summarise, the following range of criteria are contained in the Act:

6.10Designation as a Part 4 Country is made by the Governor-General by Order in Council on the recommendation of the Minister of Justice. The Minister must be satisfied as to the circumstances in which a person may be arrested in the other country and similarities to the process in New Zealand, the other country’s ability to extradite to New Zealand (reciprocity), the other country’s speciality rules,184 and the other country’s rules about surrendering a person to a third country.185

6.11Designation as a Part 3 Country or one of its subcategories can take place in one of the following ways:

184See above at [2.12].
185Extradition Act 1999, s 40.
186Extradition Act 1999, s 13(a).
187Extradition Act 1999, s 15.
188Extradition Act 1999, s 16.
189Extradition Act 1999, s 60.
190Extradition Act 1999, s 17.