Conflict with existing fundamental legal principle of general application - consultations with the Court

New Zealand

New Zealand - International Crimes and International criminal Court Act 2000 (2021) EN

24 Requests for assistance
(1)
(a)
(xiii) any other type of assistance that is not prohibited by the law of New Zealand, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the ICC; or

116 Procedure if execution of assistance precluded under New Zealand law

If the execution of a particular measure of assistance specified in a request to which this Part applies is prohibited in New Zealand, despite any other provision in this Part, the Attorney-General must—

(a) consider whether the assistance can be provided in another manner or subject to conditions; and
(b) promptly consult with the ICC in order to resolve the matter.

Rome Statute

Article 93 Other forms of cooperation

3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.