Commonwealth Consolidated Acts

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EXTRADITION ACT 1988 - SECT 33A

Consent to surrender

  (1)   Where:

  (a)   a person is on remand under section   32; and

  (b)   an indorsed New Zealand warrant has been obtained in relation to the person;

the person may inform the magistrate or Judge that he or she consents to being surrendered to New Zealand in relation to an offence for which the indorsed warrant has been obtained.

  (2)   Unless there is reason to believe that the consent was not given voluntarily, the magistrate or Judge must:

  (a)   advise the person that the effect of so consenting will be that:

  (i)   the person will be committed to prison without any proceedings being conducted under section   34; and

  (ii)   the person will be surrendered to New Zealand as soon as practicable; and

  (b)   if, after the person has been so advised, the person again consents to being surrendered:

  (i)   by warrant in accordance with subsection   38(1), order that the person be surrendered to New Zealand as soon as practicable; and

  (ii)   by warrant in the statutory form, order that, pending the execution of the warrant referred to in subparagraph   ( i), the person be committed to prison.


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