Armed Forces Discipline Act 1971

Arrest and search

93C: Police not to deliver custody of arrested person without consent of Minister of Justice in certain cases

You could also call this:

"Police can't send you to another country without permission from the Minister of Justice"

Illustration for Armed Forces Discipline Act 1971

You are arrested by the Police under certain sections of the law. This is because you are suspected of committing an offence against another country's law. The offence can have a severe punishment, such as death or a punishment that would be against New Zealand's Crimes of Torture Act 1989. If you are arrested, the Police cannot hand you over to another country or its authorities without permission. The Minister of Justice must give written consent before the Police can do this. This rule is in place to ensure your safety and rights are protected. The Police must follow this rule when dealing with cases like yours. They cannot deliver you to another country without the Minister's consent. This is an important part of the law that affects how the Police handle certain cases.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403063.

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93B: Detention in service custody of members of visiting force, or

"What happens if a visiting force member breaks the law in New Zealand"


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94: Reasonable force may be used to arrest or search, or

"Using force to arrest or search someone must be reasonable and necessary."

Part 4Arrest and search

93CPolice not to deliver custody of arrested person without consent of Minister of Justice in certain cases

  1. This section applies if a person is arrested or held in custody by the Police under section 89A or section 92A or section 93B in respect of an offence against the law of another State that is subject to—

  2. a sentence of death; or
    1. a punishment that would, if carried out by a member of the Armed Forces of New Zealand, constitute an offence against the Crimes of Torture Act 1989.
      1. If this section applies, the Police must not deliver that person into the custody of the visiting force or, as the case may be, the authorities of the other State without the written consent of the Minister of Justice.

      Notes
      • Section 93C: inserted, on , by section 26 of the Visiting Forces Act 2004 (2004 No 59).