Proposal: The new Act should provide the primary basis for extradition, but its provisions may be supplemented in some respects by the terms of a treaty. The statute should make it clear which provisions may be supplemented.
Rationale: The current way in which the relationship between extradition treaties is expressed within the Act may frustrate the underlying intention of the treaties to enable extradition by focusing on somewhat out-of-date procedures. To be consistent with New Zealand’s current and likely future extradition obligations, however, it is important that, in some respects, the Act’s provisions can be supplemented in key areas, such as altering procedure or adding additional extradition offences. Emphasising and strengthening the standard procedure allows greater clarity to be given to New Zealand’s international human rights obligations.