Production of evidence - national procedures for ICC proceedings

New Zealand

International Crimes and International Criminal Court Act 2000

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

Taking evidence and producing documents

84.
Producing documents or other articles—

(1)If the Attorney-General gives authority for a request relating to the production of documents or other articles to proceed, a District Court Judge may make an order requiring their production.

(2)If the documents or other articles are produced, the Judge must send them to the Attorney-General together with a written statement certifying that they were produced to the Judge.

(3)Despite subsection (2), in the case of documents that are produced, the Judge may send to the Attorney-General copies of the documents certified by the Judge to be true copies instead of the originals.

(4)Subsections (2) and (3) apply subject to any contrary order by the Judge.

Cf 1995 No 27 s 23

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

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;