Provisional arrest - consent to surrender

New Zealand

International Crimes and International Criminal Court Act 2000


Eligibility for surrender

Surrender by consent—

(1)A person may at any time notify the District Court that he or she consents to being surrendered to the ICC for the international crime or crimes for which surrender is sought.

(2)The District Court may accept the notification of consent under subsection (1) if—

(a)the person is before the District Court when notification of the consent to surrender is given; and

(b)the person has been legally represented in the proceedings; and

(c)the District Court is satisfied that the person has freely consented to the surrender in full knowledge of its consequences.

(3)Nothing in this section prevents a person, in respect of whom a determination of eligibility for surrender is made by the District Court under section 43, from subsequently notifying the Minister that the person consents to surrender.

(4)To avoid doubt,—

(a)a person arrested under a provisional warrant may consent to surrender before a request for surrender is received, in which case the Minister may make a surrender order as if a request for surrender had been received; and

(b)if paragraph (a) applies, section 38(1)(a) does not apply.

Cf 1999 No 55 s 28; Statute, article 92(3)

Procedure following determination on eligibility or consent to surrender—

(1)This section applies if—

(a)the District Court has determined in accordance with section 43 that a person is eligible for surrender; or

(b)a person has consented to surrender to the ICC in accordance with section 45.

(2)If this section applies, the District Court must—

(a) issue a warrant for the detention of the person in a prison or other place authorised in accordance with section 42 of this Act or section 1 84T(3) of the Summary Proceedings Act 1957 pending the surrender of the person to the ICC or the person’s discharge according to law; and

(b)send to the Minister a copy of the warrant of detention and such report on the case as the court thinks fit; and

(c)inform a person to whom subsection (1)(a) applies that,—

(i)subject to section 70, the person will not be surrendered until the expiration of 15 days after the date of the issue of the warrant; and

(ii)during that time the person has the right to make an application for a writ of habeas corpus; and

(iii)the person has the right to lodge an appeal under section 67; and

(d)inform a person to whom subsection (1) applies that the Minister must determine whether to issue a surrender order before the person can be surrendered to the ICC; and

(e)inform the person that if a surrender order is made and the person is not removed within 2 months, the person may apply to be discharged under section 74.


Surrender and temporary surrender

Minister must determine whether person to be surrendered—

(3)The Minister must not make a surrender order in respect of a person until the later of the following times:

(a)until the expiration of 15 days after the date of the issue of the warrant of detention of that person under section 46(2)(a); or

(b)if an appeal, or an application for review or habeas corpus in respect of a determination under this Act, or any appeal from such an appeal or application, is pending, until after the date that the proceedings are finally determined and the result is that the person is eligible to be surrendered.

(4)Nothing in subsection (3) applies to—

(a)a person who has consented to surrender under section 45, whether before the District Court or subsequently by notice to the Minister; or

Rome Statute

Article 92 Provisional arrest

3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.