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

Taking evidence and producing documents

82.
Assistance in gathering evidence—

(1)This section applies if the ICC requests, under any of articles 19(8), 56, 64, or 93(1)(b) of the Statute, that—

(a)evidence be taken in New Zealand; or

(b)documents or other articles in New Zealand be produced.

(2)The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that—

(a)the request relates to an investigation being conducted by the Prosecutor or to a proceeding before the ICC; and

(b)there are reasonable grounds for believing that the evidence can be taken or, as the case may be, the documents or other articles can be produced in New Zealand.

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

Taking evidence and producing documents

86.
ICC may give evidence certificate—

(1)In this section, ``evidence certificate'' means a certificate or declaration that—

(a)is given or made by or on behalf of the ICC; and

(b)specifies or declares whether, under the Statute or the Rules, a specified person or class of persons could or could not be required to answer a specified question or to produce a specified document—

(i)generally; or

(ii)in specified proceedings; or

(iii)in specified circumstances.

(2)An evidence certificate authenticated under subsection (3) is admissible in proceedings for the purposes of the application of section 85(4) as prima facie evidence of the matters stated in the certificate.

(3)A certificate is authenticated for the purposes of subsection (2) if it purports to be—

(a)signed or certified by a Judge, the Registrar, the Deputy Registrar, or a member of the staff of the ICC; or

(b)authenticated in any other manner authorised by the Statute or the Rules.

Cf 1995 No 27 s 27

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

Taking evidence and producing documents

87.
Certain persons may appear—

(1)The following persons may appear and be legally represented at a hearing held under section 83 or section 84:

(a)the person to whom the proceeding before the ICC or the investigation conducted by the Prosecutor relates:

(b)any other person giving evidence or producing documents or other articles at the hearing:

(c)a representative of the Prosecutor or ICC.

(2)Subsection (1) applies subject to any contrary provision of the Statute or the Rules.

(3)A certificate by a Judge under section 83(2) or section 84(2) must state whether any of the persons specified in subsection (1) were present when the evidence was taken or the documents or other articles were produced.

Cf 1992 No 86 s 34