Mutual Assistance in Criminal Matters Act 1992

Requests to New Zealand - Assistance in arranging attendance of person in foreign country - Assistance in obtaining attendance of persons in foreign country

41A: Effect of transfer to foreign country pursuant to request under section 38 on remand prisoner’s sentence

You could also call this:

"What happens to your sentence if you're sent to another country to face charges"

Illustration for Mutual Assistance in Criminal Matters Act 1992

If you are a prisoner charged with a crime in New Zealand and you are sent to another country because they asked for you, some rules apply. These rules are in section 38 and section 41B of this Act, and section 90 of the Parole Act 2002. They apply to the time you spend in custody in the other country before you are sentenced for the New Zealand crime. This does not change what section 41 says.

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This page was last updated on 12 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM274447.

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Crime and justice > Courts and legal helpCrime and justice > Police and safetyImmigration and citizenship > Border control

41: Effect of removal to foreign country on prisoner’s term of imprisonment, or

"What happens to your prison sentence if you're sent to another country?"

41B: Information about time remand prisoner spent in custody overseas pursuant to request under section 38, or

"Time spent in overseas custody as a prisoner"

Part 3Requests to New Zealand
Assistance in arranging attendance of person in foreign country: Assistance in obtaining attendance of persons in foreign country

41AEffect of transfer to foreign country pursuant to request under section 38 on remand prisoner’s sentence

If a prisoner who is charged with or convicted of an offence against the law of New Zealand (the New Zealand offence) is transferred to a foreign country pursuant to a request by that country under section 38, section 41B of this Act and section 90 of the Parole Act 2002 apply to any period that the person spends in custody outside New Zealand in connection with the request before sentence is imposed for the New Zealand offence.
Nothing in this section affects section 41.

Notes

Section 41A: inserted, on 18 June 2002, by section 10 of the Mutual Assistance in Criminal Matters Amendment Act 2002 (2002 No 23).