Part 1 s 8 Crimes of Torture Act 1989 Version as at 1 July 2023 8 Crimes deemed to be included in extradition treaties (1) For the purposes of the Extradition Act 1999 and any Order in Council in force under section 15 or section 104 of that Act, each crime described in subsection (1) or subsection (2) of section 3, if not already described in the treaty, is deemed to be an offence described in any extradition treaty concluded before 13 November 1989 and for the time being in force between New Zealand and any country that is a party to the Convention. (2) If under subsection (1) a crime is deemed to be an offence described in an extradition treaty, no person may be surrendered for that crime in accordance with the provisions of the Extradition Act 1999 if the alleged act or omission occurred before 13 November 1989. (3) For the purposes of this section, country includes any territory for whose international relations the government of a country is responsible and to which the extradition treaty and the Convention extend. Section 8: substituted, on 1 September 1999, by section 111 of the Extradition Act 1999 (1999 No 55). 9 Surrender of offenders [Repealed] Section 9: repealed, on 1 September 1999, by section 111 of the Extradition Act 1999 (1999 No 55). 10 Restrictions on surrender of offenders [Repealed] Section 10: repealed, on 1 September 1999, by section 111 of the Extradition Act 1999 (1999 No 55). 11 Restrictions on surrender (1) Without limiting the grounds on which surrender must or may be refused under the Extradition Act 1999, a court in New Zealand must not order the surrender, or the detention for the purposes of surrender, of a person to another country in respect of an act or omission that amounts to a crime against subsection (1) or subsection (2) of section 3 if the Attorney-General certifies that the case is being or is about to be considered to determine whether or not proceedings should be brought in New Zealand against that person in respect of the act or omission. (2) If, in any case to which subsection (2) applies, it is subsequently determined that proceedings should not be brought in New Zealand against the person in respect of the act or omission, the Attorney-General must advise the court accordingly, and the court must proceed with the matter as if the Attorney-Gen‐ eral’s certificate had never been given. Section 11: substituted, on 1 September 1999, by section 111 of the Extradition Act 1999 (1999 No 55). 6