Rynae Butler "Imbalance in Extradition: The Backing of Warrants Procedure with Australia under Part 4 of the Extradition Act 1999" [2017] NZCLR 63

  • Rynae Butler


The little known backed-warrant procedure, set out under pt 4 of the Extradition Act 1999, is a simplified extradition procedure that stems from its use between colonies dating back to imperial times. 1 Today, the backed-warrant procedure accounts for approximately half of all extradition requests to New Zealand, a trend that is unlikely to change in the future. 2 The procedure relies heavily on the concept of comity. Yet, despite its importance and frequent usage by the judiciary in context of the pt 4 backed-warrant procedure, the term “comity”3 is not explicitly mentioned in the 1999 Act or in its predecessors.