Commonwealth Numbered Acts

EXTRADITION AMENDMENT ACT 1990 No. 76 of 1990 - SECT 7

7. After section 33 of the Principal Act the following section is inserted:
Consent to surrender

"33A. (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.".