Modernising New Zealand's extradition law: A critique of the Law Commission's proposal

Abstract

Globalisation causes crime to become increasingly transnational, thus compelling states to increase cooperation to suppress crime. New Zealand’s outdated extradition laws require reform. The Government agrees with the February 2016 Law Commission Report proposing the need for new legislation to replace the Extradition Act 1999. This paper analyses the relationship between the traditional treaty-based approach to extradition and contemporary domestic extradition legislation, and how these approaches protect requested persons’ post-surrender rights. This paper argues the Commission’s proposal to replace s 11 of the Act (which states that bilateral extradition treaties override the Act where they are inconsistent) with a narrower provision giving treaties limited scope to “supplement” or add to domestic extradition legislation, places too much focus on domestic efficiencies while overlooking the international significance of extradition. Allowing the Act to override existing treaties will cause New Zealand to breach its international obligation to extradite under those treaties and remove the international plane as a mechanism to protect a requested person’s rights. This paper concludes that New Zealand should retain s 11 in its current iteration and renegotiate treaties to reflect international human rights obligations to ensure extradition only occurs where fundamental principles of justice will be upheld.