145COffences deemed to be included in extradition treaties

1. For the purposes of the Extradition Act 1999 and any Order in Council in force under section 15 or section 104 of that Act, every relevant offence that involves child pornography is deemed to be an offence described in any extradition treaty—

2. concluded before the commencement of section 34 of the Films, Videos, and Publications Classification Amendment Act 2005; and
3. for the time being in force between New Zealand and any foreign country that is a party to the Optional Protocol.

4. A person whose surrender is sought from New Zealand in respect of an act that amounts to an offence deemed by subsection (1) to be an offence described in an extradition treaty is liable to be surrendered in accordance with the Extradition Act 1999 and the applicable extradition treaty, whether the act occurred before or after the commencement referred to in subsection (1)(a).

5. However, subsection (2) does not apply in respect of an act that, had it occurred within the jurisdiction of New Zealand, would not, at the time that it occurred, have constituted an offence under New Zealand law.

6. A certificate given and signed by the Minister of Foreign Affairs and Trade that a foreign country is a party to the Optional Protocol is, in the absence of proof to the contrary, sufficient evidence of that fact.

7. For the purposes of this section, child pornography, Optional Protocol, and relevant offence have the meanings given to them by section 145A(1), and foreign country includes a territory—

8. for whose international relations the Government of a foreign country is responsible; and
9. to which the extradition treaty and the Optional Protocol extend.