Provision of records and documents - national procedures for ICC proceedings

New Zealand

International Crimes and International Criminal Court Act 2000


Facilitating provision of records and documents—

(1)This section applies if the ICC makes a request under article 93(1)(i) of the Statute for the provision of records and documents, including official records and documents.

(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 a proceeding before the ICC; and

(b)the document or record sought is or may be in New Zealand.

(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 locate and make available the document or record sought; and

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

(iii)deliver the document or record, if located, to the Attorney-General.

(4)This section does not give any person power to require the production of a document or record.

Cf 1992 No 86 s 32(2); Statute, article 93(1)(i)

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:

(i) The provision of records and documents, including official records and documents;