Enforcement of fines

New Zealand

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

24 Requests for assistance
(1)
(b)
(v) Article 109 of the Statute (which relates to the enforcement of fines and forfeiture measures).

124 Assistance with enforcement of orders for victim reparation

(1) This section applies if—
(a) the ICC—
(i) makes an order under Article 75 of the Statute requiring reparation; and
(ii) requests that the order be enforced in accordance with Article 109 of the Statute; and
(b) neither the conviction in respect of which the order was imposed nor the order requiring reparation is subject to further appeal.

(2) The Attorney-General may give authority for the request to proceed if he or she is satisfied that the order—
(a) requires reparation; and
(b) is of a kind that can be enforced in the manner provided in this section.

(3) If the Attorney-General gives authority for the request to proceed,—
(a) the Attorney-General must refer the request to the appropriate New Zea‐ land agency; and
(b) that agency must, without delay,—
(i) in a case where the order requires a monetary payment, take such steps as are necessary to enforce the order as if it were a sentence of reparation imposed under section 32 of the Sentencing Act 2002; or
(ii) in a case where the order requires the restitution of assets, prop‐ erty or other tangible items, take such steps as are necessary to enforce the order as if it were an order for the restitution of prop‐ erty made under section 404(1) of the Crimes Act 1961; or
(iii) in a case where the order requires another remedy, take such steps as are necessary to enforce the order as if it were enforceable under Part 6 of the High Court Rules 2016; and

(c) that agency must, without delay, make such report to the Attorney- General on the results of any action taken as it considers to be appropriate in the circumstances.

125 Enforcement of fines

(1) This section applies if—
(a) the ICC—
(i) orders payment of a fine under Article 77(2)(a) of the Statute; and
(ii) requests that the order be enforced in accordance with Article 109 of the Statute; and

(b) neither the conviction in respect of which the order was imposed nor the order for payment of a fine is subject to further appeal.

(2) The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that the order—
(a) involves a monetary penalty; and

Rome Statute

Article 109 Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.

3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.