Christchurch shooting: accused to stay put until after sentence

Australian-born alleged terrorist Brenton Tarrant will almost certainly have to serve any sentence in New Zealand.

Foreign Affairs Minister Marise Payne. Picture: AAP

Australian-born alleged terrorist Brenton Tarrant will almost certainly have to serve any sentence in New Zealand due to the absence of a prisoner-transfer agreement between the two countries.

New Zealand Prime Minister Jacinda Ardern said on the weekend that she was seeking advice from authorities on whether the accused Christchurch killer could be deporte­d to Australia.

But Attorney-General Christian Porter’s office confirmed yesterday­ that Australia, which has prisoner-exchange deals with about 70 countries, has no such arrangemen­t with New Zealand. While a special deal could in theory be struck, Australian government sources suggest­ed this was highly unlikely.

Ms Ardern and her deputy, Winston Peters, have expressed frustration at the deportation of New Zealand-born criminals from Australia, prompting questions from local media organisations on the possibility of Tarrant being sent back to Australia.

Asked whether Tarrant should be “Australia’s problem”, Ms Ardern said: “I have sought that advice. In fact, I sought that advice quite early on. I’m still awaiting receip­t of it.

“What I can say, though, is that absolutely charges and the trial itself­ will happen in New Zealand.”

She said Tarrant would “certainl­y face the justice system of New Zealand”, and noted that deportations generally occurred after a sentence was served.

Foreign Minister Marise Payne said Tarrant would be dealt with under New Zealand law, and further discussions on his movements would occur “if and when the time comes”. “The legal proceedings — (the) trial and the adjudication of these horrific crimes — will go through its processes in New Zealand,” she told Sky News.

“If there are questions to be raised after that in relation to the location of anyone who is convicted out of this process, then they would be dealt with according to the normal processes.

“We work within the laws as they stand, we would have those discussions with New Zealand if and when the time comes.”

After a meeting with Scott Morrison in Auckland last month, Ms Ardern declared that Aust­ralia’s policy of deporting New Zealand citizens with criminal records had become a “corrosive” issue for the bilateral relationship.

Since 2014, more than 4000 foreigners have been stripped of Australian visas and returned to their country of birth following criminal convictions. New Zealand-born Australians have made up the vast bulk of those deported.

The Prime Minister said Australia had “very well-defined immig­ration and citizenship laws”.

“Visas are not citizenship,” Mr Morrison said. “Visas are provided on the basis of people being complian­t with those visas, and that doesn’t include committing crimes.’’

Under 2014 changes to Aust­ralian law, foreign residents sentence­d to 12 months or more in jail have their visas automatically cancelled.

The head of a government-controlled migration committee, Jason Wood, recently said Australia should consider its historic ties with New Zealand when deciding whether to deport Kiwis.