Freezing of assets - national procedures for ICC proceedings

New Zealand

International Crimes and International Criminal Court Act 2000


Identifying, freezing, or seizing property associated with international crimes

Request relating to property associated with crime—

(1)This section applies if the ICC requests assistance under article 93(1)(k) of the Statute in identifying, tracing and freezing, or seizing tainted property for the purpose of eventual forfeiture.

(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 international crime that is being investigated by the Prosecutor, or which is the subject of proceedings before the ICC; and

(b)tainted property is or may be located in New Zealand.

Cf Statute, articles 57(3)(e), 93(1)(k)

112. Attorney-General may authorise measures—

(1) If the Attorney-General gives authority for the request for as - sistance in identifying, tracing and freezing, or seizing tainted property to proceed, the Attorney-General may authorise the appropriate New Zealand authority to apply for 1 or more of the following orders or warrants:
(a) a search warrant under section 101 or 102 of the Crim¬inal Proceeds (Recovery) Act 2009:
(b) any restraining order made under the Criminal Proceeds (Recovery) Act 2009:
(c) a production order under section 104 of the Criminal Proceeds (Recovery) Act 2009.

(2)If the ICC's request relates to the freezing of tainted property, and the ICC has made an order in the nature of a restraining order, the Attorney-General may authorise the appropriate authority to register that order, and section 130 applies accordingly, with the necessary modifications.

Cf 1992 No 86 ss 59-62

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:

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and