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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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Part 1
Extradition Act
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