Part 3
Matters of justification or excuse

Arrest

30 Arresting the wrong person

(1) Every one duly authorised to execute a warrant to arrest who thereupon arrests a person, believing in good faith and on reasonable and probable grounds that he is the person named in the warrant, shall be protected from criminal responsibility to the same extent and subject to the same provisions as if the person arrested had been the person named in the warrant.

(2) Every one called on to assist the person making such arrest, and believing that the person in whose arrest he is called on to assist is the person for whose arrest the warrant is issued, and every prison manager who is required to receive and detain the person arrested, shall be protected from criminal responsibility to the same extent and subject to the same provisions as if the person arrested had been the person named in the warrant.


31 Arrest by constable pursuant to statutory powers

Every constable is justified in arresting any person without warrant in accordance with the provisions of section 315 or in accordance with any other enactment conferring on him a power so to arrest.


32 Arrest by constable of person believed to have committed offence

Where under any enactment any constable has power to arrest without warrant any person who has committed an offence, the constable is justified in arresting without warrant any person
whom he believes, on reasonable and probable grounds, to have committed that offence, whether or not the offence has in fact been committed, and whether or not the arrested person committed it.


33 Arrest by other officers or persons pursuant to statutory powers

Every officer or other person, not being a constable, who is authorised by any enactment to arrest any person without war¬rant is justified in so arresting any person in accordance with the provisions of that enactment.


34 Persons assisting constable or officer in arrest

(1) Every one called upon by a constable to assist him in the arrest of any person believed or suspected to have committed any offence is justified in assisting unless he knows that there is no reasonable ground for the belief or suspicion.

(2) Where by any enactment it is provided that any officer or per¬son, not being a constable, may call upon any other person to assist him in arresting without warrant any one who has committed or is found committing any offence, every person so called upon is justified in assisting unless he knows that there is no reasonable ground for believing that the person to be arrested has committed the offence.


35 Arrest of persons found committing certain crimes Every one is justified in arresting without warrant—
(a) any person whom he finds committing any offence against this Act for which the maximum punishment is not less than 3 years’ imprisonment:

(b) any person whom he finds by night committing any offence against this Act.


36 Arrest of person believed to be committing crime by night Every one is protected from criminal responsibility for arresting without warrant any person whom he finds by night in circumstances affording reasonable and probable grounds for believing that that person is committing an offence against this Act.


37 Arrest after commission of certain crimes

Where any offence against this Act has been committed, every one who believes, on reasonable and probable grounds, that any person has committed that offence is protected from criminal responsibility for arresting that person without warrant, whether or not that person committed the offence.


38 Arrest during flight

(1) Every one is protected from criminal responsibility for arresting without warrant any person whom he believes, on reasonable and probable grounds, to have committed an offence against this Act, and to be escaping from and to be freshly pursued by any one whom he believes, on reasonable and prob¬able grounds, to have lawful authority to arrest that person for the offence.

(2) This section shall apply whether or not the offence has in fact been committed, and whether or not the arrested person committed it.


Use of force


39 Force used in executing process or in arrest

Where any person is justified, or protected from criminal responsibility, in executing or assisting to execute any sentence, warrant, or process, or in making or assisting to make any arrest, that justification or protection shall extend and apply to the use by him of such force as may be necessary to overcome any force used in resisting such execution or arrest, unless the sentence, warrant, or process can be executed or the arrest made by reasonable means in a less violent manner: provided that, except in the case of a constable or a person called upon by a constable to assist him, this section shall not apply where the force used is intended or likely to cause death or grievous bodily harm.


40 Preventing escape or rescue

(1) Where any person is lawfully authorised to arrest or to assist in arresting any other person, or is justified in or protected from criminal responsibility for arresting or assisting to arrest any other person, that authority, justification, or protection, as the case may be, shall extend and apply to the use of such force as may be necessary—

(a) to prevent the escape of that other person if he takes to flight in order to avoid arrest; or

(b) to prevent the escape or rescue of that other person after his arrest—
unless in any such case the escape or rescue can be prevented by reasonable means in a less violent manner:
provided that, except in the case of a constable or a person called upon by a constable to assist him, this subsection shall not apply where the force used is intended or likely to cause death or grievous bodily harm.

(2) Where any prisoner of a prison is attempting to escape from lawful custody, or is fleeing after having escaped therefrom, every constable, and every person called upon by a constable to assist him, is justified in using such force as may be necessary to prevent the escape of or to recapture the prisoner, unless in any such case the escape can be prevented or the recapture effected by reasonable means in a less violent manner.

Part 12
Procedure

Arrest

315 Arrest without warrant

(1) No one shall be arrested without warrant except pursuant to the provisions of—

(a) this Act; or

(b) some other enactment expressly giving power to arrest without warrant.

(2) Any constable, and all persons whom he calls to his assistance, may arrest and take into custody without a warrant—

(a) any person whom he finds disturbing the public peace or committing any offence punishable by imprisonment:

(b) any person whom he has good cause to suspect of having committed a breach of the peace or any offence punishable by imprisonment:

(c) [Repealed]

(d) [Repealed]

(e) [Repealed]

(3) The foregoing provisions of this section shall be read subject to the express provisions of any enactment imposing any limitations, restrictions, or conditions on the exercise of any power to arrest without warrant conferred on any constable by that enactment in respect of any specified offence or class of of-fences.

(4) Where under any enactment other than this Act any officer or person, not being a constable, has power to arrest any other person without warrant, any constable may exercise that power in the same cases and in the same manner as that officer or person.

(5) Nothing in this section shall limit or affect any of the provisions of Part 3 (which relates to matters of justification or excuse).

316 Duty of persons arresting

(1) It is the duty of every one arresting any other person to inform the person he is arresting, at the time of the arrest, of the act or omission for which the person is being arrested, unless it is impracticable to do so, or unless the reason for the arrest is obvious in the circumstances. The act or omission need not be stated in technical or precise language, and may be stated in any words sufficient to give that person notice of the true reason for his arrest.

(2) It is the duty of every one who arrests any other person pursuant to any process or warrant—

(a) if he or she has the process or warrant, or a copy of it, in his or her possession at the time of the arrest, to produce it if required by that person to do so:

(b) if he or she does not have the process or warrant, or a copy of it, in his or her possession at the time of the arrest, to show it to the arrested person as soon as practicable after the arrest, if that person so requires.

(3) Where under any enactment any person other than a constable has, by virtue of his office, a power of arrest without warrant, he shall, whenever he arrests any other person pursuant to that power,—

(a) if he has evidence of his appointment to that office in his possession at the time of the arrest, produce it if required by that person to do so:

(b) if he does not have evidence of his appointment in his possession at the time of the arrest, show it to the arrested person as soon as practicable after the arrest, if that person so requires.

(4) A failure to fulfil any of the duties mentioned in the foregoing provisions of this section shall not of itself deprive the person arresting, or his assistants, of protection from criminal responsibility, but shall be relevant to the inquiry whether the arrest might not have been effected, or the process or warrant executed, by reasonable means in a less violent manner.

(5) Every person who is arrested on a charge of any offence shall be brought before a court, as soon as possible, to be dealt with according to law.

(5A) The obligation under subsection (5) ceases if the person is—

(a) released following the service of a summons under section 28 of the Criminal Procedure Act 2011 to appear in court to answer the charge; or

(b) released on bail under section 21 of the Bail Act 2000; or

(c) otherwise released from custody.

(6) Nothing in this section shall limit or affect the express provisions of any enactment whereby—

(a) the burden of proving the absence of reasonable or probable cause, or the absence of justification, for any arrest is on any person:

(b) any person having, by virtue of his office, a power of arrest without warrant is entitled, in any specified circumstances, to exercise that power without the production of evidence of his appointment to that office, or is required, in exercising the power, to comply with any specified conditions or restrictions in addition to or in¬stead of producing evidence of his appointment.

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Consent to prosecutions for international crimes

13.
Attorney-General's consent to prosecutions required—

(1)Proceedings for an offence against section 9 or section 10 or section 11 may not be instituted in any New Zealand court without the consent of the Attorney-General.

(2)Despite subsection (1), a person charged with an offence against section 9 or section 10 or section 11 may be arrested, or a warrant for his or her arrest may be issued and executed, and the person may be remanded in custody or on bail, even though the consent of the Attorney-General to the institution of a prosecution for the offence has not been obtained, but no further proceedings can be taken until that consent has been obtained.

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Consent to prosecutions for offences against administration of justice

22.
Attorney-General's consent to prosecutions required—

(2)Despite subsection (1), a person charged with an offence against any of sections 15 to 21 may be arrested, or a warrant for his or her arrest may be issued and executed, and the person may be remanded in custody or on bail, even though the consent of the Attorney-General to the institution of a prosecution for the offence has not been obtained, but no further proceedings can be taken until that consent has been obtained.

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Provisional arrest in urgent cases

36 Provisional arrest warrant may be issued

(1) A District Court Judge may issue a provisional warrant in the prescribed form for the arrest of a person if the Judge is satisfied on the basis of the information presented to him or her that—

(a) a warrant for the arrest of a person has been issued by the ICC or, in the case of a convicted person, a judgment of conviction has been given in relation to an international crime; and
(b) the person named in the warrant or judgment is or is suspected of being in New Zealand or may come to New Zealand; and
(c) it is necessary or desirable for an arrest warrant to be issued urgently.

(2) A warrant may be issued under this section even though no request for surrender has yet been made or received from the ICC.

Compare: 1999 No 55 s 20; Statute art 92

37 Notice to be given to Minister

(1) If a District Court Judge issues a provisional arrest warrant under section 36, the applicant for the warrant must report the issue of the warrant to the Minister without delay.

(2) The applicant must include in the report to the Minister a copy of the warrant issued by the ICC, or the judgment of conviction, as applicable, and the other documentary evidence that the applicant produced to the Judge.

(3) On receipt of the report under subsection (1), the Minister may, if the Minister thinks fit, order that the proceedings be discontinued.

(4) If the Minister orders that the proceedings be discontinued, the Minister may cancel any warrant of arrest and order the discharge of any person arrested under the warrant.

(5) The Minister must notify the District Court of any action taken under subsection (3) or subsection (4).

Compare: 1999 No 55 s 21

38 Procedure where provisional arrest warrant issued

(1) If a person has been arrested on a provisional arrest warrant issued under section 36, the following provisions apply:

(a) the hearing of the proceedings must not proceed until the District Court receives from the Minister a notice in writing stating that a request for the surrender of the person has been transmitted to the Minister in the manner specified in section 25:
(b) pending the receipt of the notice from the Minister, the proceedings may from time to time be adjourned:
(c) the District Court must set a date by which the notice is to be transmitted to it, which must be a reasonable time having regard to—

(i) any provision in the Rules that prescribes the
maximum period for transmission by the ICC of the request and supporting documents to the requested State:
(ii) if there is no such provision, the time it is likely to take for the ICC to prepare and transmit the request and supporting documents to New Zealand:
(iii) the time it is likely to take for the Minister to consider the request after receipt and for the notice to be transmitted to the District Court:

(d) if the District Court does not receive the notice within the time fixed by the District Court under paragraph (c), and does not extend that time under subsection (2), the District Court must discharge the person.

(2) The District Court may, from time to time, in its discretion, extend any time fixed by it under subsection (1)(c).

Compare: 1999 No 55 s 23(4); Statute art 92(1)

Remand and bail

39 Procedure following arrest

(1) A person arrested on a warrant issued under section 34 or section 36 must, unless sooner discharged, be brought before a District Court as soon as possible.

(2) The person—
(a) is not entitled to bail as of right; and
(b) may not go at large without bail.

(3) If the District Court remands the person on bail, the District Court may impose any conditions of bail that the District Court thinks fit in addition to any conditions that the District Court may impose under section 30(1), (2), and (4) of the Bail Act 2000.

(4) Without limiting the other factors that may be taken into ac-count in making a decision to grant bail, the District Court must have regard to the following:

(a) the gravity of the alleged crimes:
(b) whether there are urgent and exceptional circumstances that favour the grant of bail; and
(c) whether necessary safeguards exist to ensure that New Zealand can fulfil its duty under the Statute to surrender the person to the ICC.

(5) Without limiting the other factors that may be taken into account in making a decision to grant bail, the District Court may not consider whether any warrant of arrest or judgment issued by the ICC was properly issued in accordance with the Statute.

Compare: 1999 No 55 s 23(1)–(3); Statute art 59(2)–(4)

40 Procedure for bail

(1) If an application for bail is made, the Minister must notify the ICC which may make recommendations to the Minister that must be conveyed to the District Court that is considering the application.

(2) Before rendering its decision, the District Court must consider any recommendations that the ICC has made, including any recommendations on measures to prevent the escape of the person.

(3) If the person is granted bail, the Minister must, if the ICC requests, provide periodic reports to the ICC on the person’s bail status.

(4) This section applies with any necessary modifications to any bail application made during the period until the person is surrendered to the ICC or discharged according to law.

Compare: 1999 No 55 s 44(1)–(3); Statute art 59(2)–(6)

41 Powers of District Court

(1) In proceedings under this Part, except as expressly provided in this Act or in regulations made under section 179 or section 180,—

(a) a District Court has the same jurisdiction and powers, and must conduct the proceedings in the same manner, as if the person were charged with a category 1 or 2 offence alleged to have been committed within the jurisdiction of New Zealand; and

(b) the following provisions apply to the proceedings, so far as applicable and with the necessary modifications:

(i) subparts 1 and 3 of Part 4, Part 5, and sections 365 and 379 of the Criminal Procedure Act 2011:
(ii) Parts 1 (except sections 9 to 12), 2, and 3 of the Bail Act 2000:
(iii) sections 38 to 44 of the Criminal Procedure (Mentally Impaired Persons) Act 2003.

(2) In accordance with section 355 of the Criminal Procedure Act 2011, a District Court presided over by 1 or more Justices or 1 or more Community Magistrates does not have jurisdiction to conduct proceedings under this Part.

(3) Despite section 168(1) and (2) of the Criminal Procedure Act 2011, a decision to remand a person in custody or on bail may be made only by a Judge.

(4) [Repealed]

(5) Section 169 of the Criminal Procedure Act 2011 and sections 27, 30 to 33, 35, 37 to 39, 44, 45, and 52 of the Bail Act 2000 apply, so far as applicable and with the necessary modifications, to a person who is detained under section 46 or section 49.

(6) To avoid doubt, if an application is made for the variation of conditions of bail of a person who is detained under section 46 or section 49, the procedure in section 40(1) and (2) applies.

Compare: 1999 No 55 s 43

42 Detention in place other than prison

(1) This section applies if the District Court orders the detention of a person at any time under this Part.

(2) If the District Court concludes that detaining the person in prison would risk the person’s life or health or be undesirable for any reason, the District Court may order that the person be held in custody—

(a) at the place where the person is for the time being; or

(b) at any other place that the District Court considers appropriate, having regard to the risk or reason involved.

(3) The person may be held as specified in subsection (2) until—

(a) the person can be detained in a prison without risk to that person’s life or health; or
(b) the reason for not detaining the person in prison no longer applies; or
(c) the person is surrendered or discharged according to law.

(4) In making the order specified in subsection (2), the District Court must have regard to any recommendations that the ICC may make regarding the place of the person’s detention.

Compare: 1999 No 55 s 52; Statute art 59(5)

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Miscellaneous provisions relating to arrest and surrender

77.
Search and seizure on arrest—

(1)If a person is arrested on a warrant issued under this Part, a con¬stable may search, without further warrant, the person arrested and may seize any thing, including any sum of money, found on the person or in the person’s possession if the constable be¬lieves on reasonable grounds that the thing on the person or in the person’s possession may be evidence as to the commission of any offence in relation to which the warrant to arrest was issued or for which the surrender of the person is sought by the ICC .

(2)If there is no suitable searcher available at the place where the search is to take place, the person to be searched may be taken to another place to be searched.

(3) Nothing in this section limits or affects the right at common law of a constable to search a person on that person’s arrest or any power under section 11 of the Search and Surveillance Act 2012.

(4) If any thing is seized under subsection (1) from the person arrested,—
(a) the constable must make a report to the Minister specifying the items seized and any other relevant information:
(b) the Minister must, on receipt of the report referred to in paragraph (a), provide the ICC with a report on the seizure


Cf 1999 No 55 s 82

78.
Disposal of property seized—

(1)If the Minister makes a surrender order or temporary surrender order under this Act, the Minister may also direct that any thing that was seized under section 77 that may be evidence of the offence the person is alleged to have committed or has committed be delivered with the person on the person's surrender to the ICC.

(2)If the person cannot be surrendered or temporarily surrendered by reason of the person's death or escape from custody, the Minister may direct that any thing that was seized under section 77 that may be evidence of the offence the person is alleged to have committed or has committed be delivered up to the ICC.

(3)If a person is discharged under this Act without being surrendered or temporarily surrendered, the Minister may direct that any thing seized under section 77 be returned to the person from whom it was seized.

(4)The Minister may refuse to direct that any thing referred to in subsection (1) or subsection (2) be delivered to the ICC if the thing is required for the investigation of an offence within the jurisdiction of New Zealand.

(5)The Minister may refuse to direct that any thing referred to in subsection (3) be returned to the person if—

(a)the thing is the subject of a dispute as to who is entitled to it; or

(b)the thing is required for the investigation of an offence within the jurisdiction of New Zealand; or

(c)possession of the thing by the person would be unlawful in New Zealand.

Cf 1999 No 55 s 89

Part 1
Request by a Tribunal for assistance

4 Tribunal may request assistance

(3) without limiting the generality of subsection (1), a Tribunal may make a request for assistance of any 1 or more of the following types :

(a) arresting and surrendering to the Tribunal a person in relation to whom the Tribunal has issued an arrest warrant :
(b) executing a request for search and seizure:
(c) obtaining evidence or a document or other article:
(d) providing a document or other record:
(e) locating and identifying a witness or suspect:
(f) arranging for a person to give evidence or assist an in-vestigation:
(g) causing the forfeiture of tainted property:
(h) serving documents:
(i) arranging for the Tribunal to sit in New Zealand.

Part 2
Arrest and surrender of person to a Tribunal

Arrest of persons

6 Notice by Attorney-General
(1) Where—

(a) the Attorney-General receives from a Tribunal a request for the surrender of a person ; and
(b) the request is accompanied by an arrest warrant in relation to the person that was issued by the Tribunal, or by a copy of that warrant authenticated by the Tribunal,—

the Attorney-General shall, by notice in writing, directed to any Judge, state that the request has been received.

(2) Where any notice is sent to a Judge under subsection (1), a copy of—

(a) the arrest warrant referred to in subsection (1)(b) ; and
(b) the request made under section 4—

shall also be sent to the Judge.

7 Issue of warrants
(1) The Judge to whom a notice is sent under section 6 shall, without undue delay, issue a warrant in the prescribed form for the arrest of the person named in the notice if the Judge is of the opinion, having regard to the documents forwarded under section 6 and to any other evidence that is available to the Judge, that the person named in the warrant is or may be in or travelling to New Zealand.

(2) When the Judge has considered whether or not to issue a warrant in accordance with this section, the Judge shall send to the Attorney-General written notice of his or her decision.

8 Cancellation of warrant
(1) Where the Attorney-General is satisfied that there are special circumstances that make it unjust or otherwise inappropriate for a warrant issued under section 7 to continue in force, the Attorney-General shall, by notice in writing, order the cancel-lation of the warrant.

(2) Where the Attorney-General orders the cancellation of a war¬rant under subsection (1) the warrant shall cease to have effect and any person arrested under the warrant shall be released, unless the person is otherwise liable to be detained in custody.

9 Remand
(1) A person who is arrested under a warrant issued under section 7 shall, unless the warrant ceases to have effect under section 8, be brought before a Judge as soon as is practicable.

(2) Subject to subsection (3), the Judge shall remand the person in custody or on bail for such period or periods as may be necessary to enable the Attorney-General to make a surrender determination under section 12.

Where any person is remanded in custody or on bail under this section, the provisions of sections 167 to 169 of the Criminal Procedure Act 2011 and sections 28, 30 to 32, 34 and 35, and 37 to 39 of the Bail Act 2000 shall apply as if the person had been arrested for an offence punishable by imprisonment and with any other necessary modifications.

10 Release from remand at direction of Attorney-General
(1) Where a person has been remanded under section 9 and the Attorney-General is satisfied that there are special circumstances

(1) that make it unjust or otherwise inappropriate for the remand to continue, the Attorney-General shall, by notice in writing, order the release from custody of the person or the discharge of the conditions on which bail was granted to the person, as the case may be.

(2) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded in custody, a copy of the notice shall be sent to the prison manager of the prison in which the person is detained, and upon receipt of the notice the person in custody shall be released unless the person is otherwise liable to be detained in custody.

(3) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded on bail, a copy of the notice shall be sent to the Registrar of the court at which the person was released on bail.

11 Application for search warrant
Where—

(a) a person is arrested under a warrant issued under section 7 ; and
(b) a constable who is of or above the level of position of in-spector has reasonable
grounds for believing that there is in or on any place or thing any thing that is relevant to the Tribunal offence in respect of which the warrant was issued,—

the constable may apply to an issuing officer for the issue of a search warrant in accordance with section 48.


Surrender of persons

12 Surrender determination by Attorney-General
(1) Subject to subsection (2), the Attorney-General shall determine whether a person remanded under sections 6 to 11 is to be surrendered to the Tribunal.

(2) Unless the Attorney-General is satisfied that there are special circumstances that would make it unjust or otherwise inappropriate to surrender the person, the Attorney-General shall determine that the person is to be surrendered to the Tribunal.

(3) The determination shall be made as soon as is reasonably practicable, having regard to the circumstances, after the person is first remanded under section 9.

(4) Notwithstanding subsection (3), every determination required to be made under this section shall be made within 6 months of the date on which the person was first remanded under section 9.

13 Release from remand on refusal to surrender person
(1) Where the Attorney-General has determined not to surrender the person to the Tribunal, the Attorney-General shall, by no¬tice in writing, order, as the case may require,—

(a) the release of the person from custody ; or
(b) the discharge of the recognisances on which bail was granted to the person.

(2) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded in cus-tody, a copy of the notice shall be sent to the prison manager of the prison in which the person is detained, and upon receipt of the notice the person in custody shall be released unless the person is otherwise liable to be detained in custody.

(3) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded on bail, a copy of the notice shall be sent to the Registrar of the court at which the person was released on bail.

14 Surrender warrant
(1) Subject to section 15, where the Attorney-General determines that the person is to be surrendered to the Tribunal, the Attorney-General shall issue a warrant for the surrender of the person to the Tribunal.

(2) The surrender warrant shall be in writing in the prescribed form.

15 Persons imprisoned under New Zealand law
(1) The Attorney-General shall not issue a surrender warrant if

(a) the person is serving a sentence of imprisonment in re-spect of an offence against the law of New Zealand ; and

(b) the Tribunal has been required to give adequate under-takings to the Attorney-General relating to
(i) the person's return to New Zealand to serve the remainder of the sentence once the person is no longer required to be detained by, or on the order of, the Tribunal ; and
(ii) the person's custody while travelling, and while in other countries, for the Tribunal's purposes ; and

(c) the Attorney-General is not satisfied that the Tribunal has given adequate undertakings relating to those matters.

(2) For the purposes of this section, the person is not taken to be serving a sentence of imprisonment if he or she has been released on parole or licence, or has been otherwise conditionally released, for the remainder of the sentence.

16 Detention following surrender warrant
(1) Where the Attorney-General issues a surrender warrant under section 14, the person shall, if he or she is in custody, be brought as soon as is practicable before a Judge.

(2) Where the Attorney-General issues a surrender warrant under section 14 and the person has been remanded on bail, any constable may arrest that person without warrant, and the person shall be brought as soon as is practicable before a Judge.

(3) The Judge shall order the committal of the person to a prison to remain there until he or she is surrendered or released ac¬cording to law.

17 Content of surrender warrant
(1) A surrender warrant in relation to a person (in this section re-ferred to as the "eligible person") shall—

(a) require the person in whose custody the eligible person is being held to release the eligible person into the custody of a constable ; and

(b) authorise the constable to transport the eligible person in custody, and, if necessary or convenient, to detain the eligible person in custody, for the purpose of enabling the eligible person
(i) to be placed in the custody of a specified person who is an officer of the Tribunal or other person authorised by the Tribunal ; and
(ii) to be transported to a place specified by the Tribunal ; and

(c) authorise the specified person to transport the eligible person in custody to a place specified by the Tribunal for the purpose of surrendering the eligible person to a person appointed by the Tribunal to receive the person.

(2) A place referred to in subsection (1 )(b) or (c) may be a place in or outside New Zealand.

18 Release from remand
(1) This section applies to a person

(a) in relation to whom a surrender warrant has been issued ; and
(b) who is in custody in New Zealand under the warrant, or otherwise under this Act, more than 2 months after the day on which the warrant was first liable to be executed.

(2) Subject to subsection (3), the High Court shall order that a person to whom this section applies be released from that custody if—

(a) the person has made an application to the High Court to be released ; and
(b) reasonable notice of the intention to apply to the High Court was given by the person to the Attorney-General.

(3) The High Court shall not order that the person be released from custody if it is satisfied that the surrender warrant has not been executed within the period of 2 months, or since the person last made an application under subsection (2), as the case may be,—

(a) because to do so would have been dangerous to the per¬son's life or prejudicial to the person's health ; or
(b) for any other reasonable cause.

19 Effect of surrender on prisoner's sentence

(1) ubject to subsection (2), where a person who is serving a sentence in respect of an offence against the law of New Zealand is surrendered to a Tribunal under this Part, the person shall, while he or she is in the custody of, or on the order of, the Tribunal (including custody outside New Zealand), be eemed to be continuing to serve that sentence.

(2) If the person is convicted of a Tribunal offence, time spent by the person in custody serving a sentence of imprisonment imposed by the Tribunal for the Tribunal offence is not to be counted as time towards the sentence referred to in subsection (1).

20 Expiry of New Zealand sentences while under Tribunal detention
If—

(a) at the time a person was surrendered to a Tribunal under this Part, the person was serving a sentence of imprisonment in respect of an offence against the law of New Zealand ; and
(b) the sentence of imprisonment that the person was serving at that time expires while the person is being detained by, or on the order of, the Tribunal,—

the Attorney-General must without delay inform the Tribunal of the expiry, and, if the Tribunal was required to give undertakings in accordance with section 15(1)(b), that the undertakings are no longer required to be complied with.