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EXTRADITION ACT 1988 - SECT 33A
Consent to surrender
- (1)
- Where:
- (a)
- a person is on remand under section 32; and
- (b)
- an
indorsed New Zealand warrant has been obtained in relation to the person; and
- (c)
- a request has been made to a magistrate by or on behalf of the person or
New Zealand for proceedings to be conducted under section 34;
the
person may inform the magistrate that he or she consents to being surrendered
to New Zealand in relation to an offence for which the indorsed warrant has
been obtained.
- (2)
- Unless there is reason to believe that the consent was
not given voluntarily, the magistrate must:
- (a)
- advise the person that the
effect of so consenting will be that:
- (i)
- the person will be committed to
prison without any proceedings being conducted under section 34; and
- (ii)
- the person will be surrendered to New Zealand as soon as practicable; and
- (b)
- if, after the person has been so advised, the person again consents to
being surrendered:
- (i)
- by warrant in accordance with subsection 38(1),
order that the person be surrendered to New Zealand as soon as practicable;
and
- (ii)
- by warrant in the statutory form, order that, pending the execution
of the warrant referred to in subparagraph (i), the person be committed
to prison.
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