Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

New Zealand incoming extradition process

(1) Crime committed:  Crime committed in New Zealand.

(2) Alleged offender flees:  Alleged offender arrives in Australia.

(3) Receipt:  AFP receives an arrest warrant from NZ through the NZ Police Liaison Officer with instructions to contact the CDPP.

(3A) Provisional arrest:  If an urgent request for provisional arrest is received, a magistrate shall issue a warrant where:

  • a NZ warrant has been issued
  • no application has been made for the indorsement of the warrant, and
  • the issue of warrant in relation to the person is, having regard to any information that the magistrate considers relevant, justified in all the circumstances (s 29).

 (4) Indorsement of warrant:  CDPP seeks indorsement of warrant from a magistrate.  The magistrate shall make an indorsement on the warrant where: 

  • an application is made in the statutory form for the indorsement of a NZ warrant, and
  • an AFP officer has sworn an affidavit that the person for whose arrest the warrant is in force is, or is suspected of being, in or on his or her way to Australia (s 28).

(5) Arrest and remand/bail:  The AFP arrest the person and bring them before a magistrate.  The person must be remanded in custody unless there are special circumstances justifying bail (s 32).

(6A) Consent:  A person can consent to surrender before a magsistrate where:

  • they are on remand
  • an indorsed NZ arrest warrant has been obtained, and
  • a request has been made to the magistrate for surrender proceedings to be conducted (s 33A).

OR

(6) Surrender:  CDPP conducts surrender proceedings.  The magistrate shall make an order surrendering the person unless the magistrate is satisfied by the person that, because:

  • the offence is trivial
  • the accusation of the offence was not made in good faith or in the interests of justice, or
  • a lengthy period has elapsed since the offence was committed

or for any other reason, it would be unjust, oppressive or too severe a punishment to surrender the person to NZ, in which case the magistrate shall order that the person be released (s 34).

THEN

(6B) Review:  Person or NZ can, within 15 days of the order, apply to the Federal Court, or to the Supreme Court of the State or Territory for a review of the order (s 35(1)).  The decision can be appealed to the Full Court of the Federal Court and then to the High Court (s 35(3-5)).

IF THE MAGISTRATE OR HIGHER COURT MAKES AN ORDER TO SURRENDER THE PERSON

(7) Logistics of surrender:  AFP liaise with NZ Police Liaison Officer to assist with logistics of surrender.

(8) Escorts:  NZ police escort person being extradited back to NZ.

(9) Prosecution:  The person is prosecuted in New Zealand courts.