Examination of places or sites - national procedures for ICC proceedings

New Zealand

International Crimes and International Criminal Court Act 2000


Examination of places or sites

Assistance in examining places or sites—

(1)This section applies if the ICC requests assistance under any of articles 19(8), 56, 64, or 93(1)(g) of the Statute in examining places or sites in New Zealand.

(2)The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC.

(3)If the Attorney-General gives authority for the request to proceed,—

(a)the Attorney-General must forward the request to the appropriate New Zealand agency; and

(b)that agency must, without delay,—

(i)use its best endeavours to undertake the examination of the place or site in the manner that the ICC has requested; and

(ii)make such report on the examination as it considers to be appropriate in the circumstances; and

(iii)deliver the report of the examination to the Attorney-General.

(4)This section does not give any person a power to enter a place or site.

Cf Statute, articles 19(8), 56, 64, 93(1)(g)

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:

(g) The examination of places or sites, including the exhumation and examination of grave sites;