Competent national judicial authority

New Zealand

International Crimes and International Criminal Court Act 2000

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Consent to prosecutions for international crimes

13.
Attorney-General's consent to prosecutions required—

(1)Proceedings for an offence against section 9 or section 10 or section 11 may not be instituted in any New Zealand court without the consent of the Attorney-General.

(2)Despite subsection (1), a person charged with an offence against section 9 or section 10 or section 11 may be arrested, or a warrant for his or her arrest may be issued and executed, and the person may be remanded in custody or on bail, even though the consent of the Attorney-General to the institution of a prosecution for the offence has not been obtained, but no further proceedings can be taken until that consent has been obtained.

Cf 1989 No 106 s 12

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Consent to prosecutions for offences against administration of justice

22.
Attorney-General's consent to prosecutions required—

(1)Proceedings for an offence against any of sections 15 to 21 may not be instituted in any New Zealand court without the consent of the Attorney-General.

(2)Despite subsection (1), a person charged with an offence against any of sections 15 to 21 may be arrested, or a warrant for his or her arrest may be issued and executed, and the person may be remanded in custody or on bail, even though the consent of the Attorney-General to the institution of a prosecution for the offence has not been obtained, but no further proceedings can be taken until that consent has been obtained.

Cf 1989 No 106 s 12

PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Taking evidence and producing documents

88.
Powers of Judge may be exercised by Registrar—

(1)Any Judge may authorise a Registrar of the District Court to exercise the powers of a Judge under section 83 or section 84 in respect of any particular case.

(2)An authorisation given under subsection (1) may be revoked at any time by any Judge.

(3)If a matter in respect of which a Registrar has jurisdiction under an authorisation given under subsection (1) appears to the Registrar to be one of special difficulty, the Registrar may refer the matter to a Judge, who may—

(a)dispose of the matter; or

(b)refer it back to the Registrar with such directions as the Judge thinks fit.

(4)Nothing in this section prevents the exercise by any Judge of any jurisdiction or powers conferred on any Registrar under this section.

Cf 1995 No 27 s 28

Rome Statute

Article 87 Requests for cooperation: general provisions

1.

(a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.