Chapter 7
Inquiry into the case against the person sought

Key Proposals

Proposals: There should be no inquiry into the evidence of the offending by persons sought for extradition from Category 1 countries. Such an inquiry should be retained for countries in Category 2. However, the evidential requirements for Category 2 countries should be reduced by allowing evidence to be presented in summarised form.

Rationale: In respect of countries that have been deemed Category 1 countries, it is not necessary for a New Zealand court to inquire into the evidence of the offending before determining eligibility to extradite. In contrast, New Zealand courts should inquire into the evidence against persons sought in Category 2 requests. To improve efficiency and the ability to cooperate with foreign countries, these countries should be able to use the record of the case procedure in which evidence is summarised, rather than provided for, by way of sworn witness statements.