Transnational offences

Key statutes

  • Aviation Crimes Act 1972
  • Crimes (Internationally Protected Persons, United Nations and the Associated Personnel and Hostages) Act 1980
  • Crimes Act 1961
  • Extradition Act 1999
  • Maritime Crimes Act 1999
  • Mutual Assistance in Criminal Matters Act 1992
  • Terrorism Suppression Act 2002
  • Terrorism Suppression (Control Orders) Act 2019

Key secondary legislation

  • Crimes (Interception Warrants) Regulations 2003
  • Extradition (Exempted Country: Canada) Order 1999

  • Extradition (Exempted Country: Czech Republic) Order 2003

  • Extradition (Exempted Country: Tonga) Order 1999

  • Extradition (Exempted Country: United States of America) Order 1999

  • Extradition (Hong Kong Special Administrative Region of the People's Republic of China) Order 1998

  • Extradition Regulations 1999

  • Extradition (Republic of Fiji) Order 1992

  • Extradition (Republic of Korea) Order 2002

  • Extradition (United Kingdom and Pitcairn Islands) Order 2003

  • Extradition (United States of America) Order 1970

  • Prescribed foreign country Australia

  • Prescribed foreign country Fiji

  • Prescribed foreign country Hong Kong

  • Prescribed foreign country Niue

  • Prescribed foreign country China

  • Prescribed foreign country Republic of Korea

  • Prescribed foreign country United Kingdom

  • Prescribed foreign country United States of America

  • Mutual Assistance in Criminal Matters Regulations 1993

  • Mutual Assistance in Criminal Matters (Section 24(3)) Order 1999

 

Information/links to recent or currently underway reviews

The Terrorism Suppression Act 2002 (TSA) was amended in 2021. The changes included ensuring the criminalisation of terrorist conduct that operates across borders:

  • making amendments to clarify the definition of a “terrorist act”;
  • creating a new offence to criminalise planning or preparation for a terrorist act;
  • creating a new offence to criminalise terrorist weapons and combat training;
  • creating a new offence for international travel to carry out terrorist activities;
  • expanding the criminal offence of financing terrorism to include broader forms of material support; and
  • extending the eligibility for a control order to include individuals who have completed a prison sentence for a terrorism-related offence if they continue to
  • present a real risk of engaging in terrorism-related activities.

Extradition Act 1999 and the Mutual Assistance in Criminal Matters Act 1992 - the Law Commission completed an extensive review of New Zealand’s extradition and
mutual assistance laws in 2016. Competing priorities have prevented the recommendations being progressed.

Maritime Crimes Act 1999 - amended in 2017 by the Maritime Crimes Amendment Act 2017, including clarification of enforcement officers’ powers to board and search ships. The Act implements obligations under two maritime counter-terrorism treaties to ensure the maritime security framework can respond to contemporary transnational terrorist threats.

 
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