35Review of magistrate’s or Judge’s order

#### 35 Review of magistrate’s or Judge’s order (1) Where a magistrate or eligible Judge makes an order under section 34 in relation to a person: (a) in the case of an order under paragraph 34(1)(c)—the person; or (b) in the case of an order under subsection 34(2)—New Zealand; may, within 15 days after the day on which the magistrate or Judge makes the order, apply to the Federal Court for a review of the order. (2) The Federal Court may, by order: (a) confirm the order of the magistrate or Judge; or (b) quash the order of the magistrate or Judge and direct a magistrate or eligible Judge to: (i) in the case of an order under paragraph 34(1)(c)—order the release of the person; or (ii) in the case of an order under subsection 34(2)—order, by warrant, that the person be surrendered to New Zealand. (3) The person or New Zealand, whether or not the person or New Zealand was the applicant for review under subsection (1), may appeal to the Full Court of the Federal Court from the order of the Federal Court. (4) The person or New Zealand is not entitled to appeal to the Full Court more than 15 days after the day on which the order of the Federal Court is made. (5) The High Court shall not grant special leave to appeal against the order of the Full Court made on the appeal referred to in subsection (3) if the application for special leave is made more than 15 days after the day on which the order of the Full Court is made. (6) Where the person or New Zealand: (a) applies under subsection (1) for a review of an order; (b) appeals under subsection (3) against an order made on that review; or (c) appeals to the High Court against an order made on that appeal; the following provisions have effect: (d) in the case of an application for review—the court to which the application is made shall review the order by way of rehearing, and may have regard to evidence in addition to or in substitution for the evidence that was before the magistrate or Judge; (e) in the case of an appeal—the court to which the appeal is made shall have regard only to the material that was before the court that conducted the review; (f) if, because of the order referred to in paragraph (a), (b) or (c), as the case requires, the person has been released, the court to which the application or appeal is made may order the arrest of the person; (g) if: (i) because of the order referred to in paragraph (a), (b) or (c), as the case requires, the person has not been released; or (ii) the person has been arrested under an order made under paragraph (f); the court to which the application or appeal is made may: (iii) order that the person be kept in such custody as the court directs; or (iv) if there are special circumstances justifying such a course, order the release on bail of the person; until the review has been conducted or the appeal has been heard. (7) If: (a) the Federal Court makes an order under subsection (2) that the person be surrendered to New Zealand or confirming an order under paragraph 34(1)(c); or (b) on appeal, the Full Court or the High Court makes an order that the person be surrendered to New Zealand or confirming such an order; the Federal Court, the Full Court or the High Court (as the case may be) must order that the person be committed to prison pending the execution of the surrender warrant.