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Mutual Assistance in Criminal Matters Act 1992

Requests by New Zealand - Assistance in arranging attendance of person in New Zealand

15: Custody of foreign prisoners

You could also call this:

"What happens if a foreign prisoner comes to New Zealand and needs to be kept in custody"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You are a foreign prisoner coming to New Zealand. If your country asks that you be kept in custody while in New Zealand, you will be kept in custody as the Minister directs in writing. The Minister's direction is enough to keep you in custody. You will be treated like a person sentenced to imprisonment in New Zealand if you are directed to be detained in a prison. The Corrections Act 2004 will apply to you, with necessary modifications, as if you were a person sentenced to imprisonment in New Zealand. If the Attorney-General thinks your attendance in New Zealand is no longer needed, they can order you to be removed from New Zealand in writing. The Attorney-General's order is enough to remove you from New Zealand by the means they direct, as per the request made under section 12(1).

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM274059.

Topics:
Crime and justice > Police and safetyCrime and justice > Courts and legal helpImmigration and citizenship > Border control
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"When another country asks, a prisoner from that country can be set free in New Zealand."

Part 2Requests by New Zealand
Assistance in arranging attendance of person in New Zealand

15Custody of foreign prisoners

  1. Where—

  2. a person who is to be brought to New Zealand from a foreign country pursuant to a request made under section 12(1) is a foreign prisoner; and
    1. that foreign country requests that the person be kept in custody while he or she is in New Zealand,—
        1. that person shall, while that person is in New Zealand or is travelling to or from New Zealand pursuant to the request, be kept in such custody as the Minister directs in writing.

      1. A direction given pursuant to subsection (1) in respect of any foreign prisoner shall be sufficient authority for the detention of that person in accordance with the terms of the direction.

      2. Where, pursuant to subsection (1), a foreign prisoner who is in New Zealand pursuant to a request made under section 12(1) is directed to be detained in a prison, the Corrections Act 2004, so far as applicable and with all necessary modifications, shall apply with respect to that foreign prisoner as if he or she were a person who has been sentenced to imprisonment for an offence against the law of New Zealand and is liable to be detained in a prison under such a sentence.

      3. Where the Attorney-General is satisfied, in respect of a foreign prisoner who is in New Zealand pursuant to a request made under section 12(1), that the attendance of that person in New Zealand is no longer necessary for the purpose to which the request relates, the Attorney-General may order, in writing, that the person be removed from New Zealand, and such an order shall be sufficient authority for that person’s removal from New Zealand by such means as the Attorney-General directs.

      Notes
      • Section 15(3): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).