Commonwealth Consolidated Acts

EXTRADITION ACT 1988 - SECT 34

(1)

Where:

(a)

either:

(i)

a person has been remanded after being arrested under an indorsed New Zealand warrant; or

(ii)

a person has been remanded after being arrested under a provisional arrest warrant and an indorsed New Zealand warrant has been obtained in relation to the person; and

(b)

a request is made to a magistrate by or on behalf of the person or New Zealand for proceedings to be conducted under this section;

the magistrate shall, unless the magistrate makes an order under subsection (2):

(c)

by warrant in accordance with subsection 38(1), order that the person be surrendered to New Zealand; and

(d)

by warrant in the statutory form, order that, pending the execution of the warrant referred to in paragraph (c), the person be committed to prison.

(2)

If the magistrate is satisfied by the person that, because:

(a)

the offence in relation to which any indorsed New Zealand warrant in relation to the person was issued is of a trivial nature;

(b)

if that offence is an offence of which the person is accused—the accusation was not made in good faith or in the interests of justice; or

(c)

a lengthy period has elapsed since that offence was committed or allegedly committed;

or for any other reason, it would be unjust, oppressive or too severe a punishment to surrender the person to New Zealand, the magistrate shall order that the person be released.

(3)

The magistrate shall, after making an order in relation to the person under paragraph (1)(c), inform the person that he or she may, within 15 days after the day on which the order is made, seek a review of the order under section 35.

(4)

In the proceedings under this section, the person is not entitled to adduce, and the magistrate is not entitled to receive, evidence to contradict an allegation that the person has engaged in conduct constituting an offence in relation to which any indorsed New Zealand warrant was issued.