23
(2) In addition to the grounds of refusal or postponement specified in Parts 4 and 5, a request for surrender or other assistance that relates to an offence involving the administration of justice may be refused if, in the opinion of the Minister of Justice or Attorney-General, as the case may be, there are exceptional circum‐ stances that would make it unjust or oppressive to surrender the person or give the assistance requested.
28 Consulation
(2)
(b) at a later date or in an alternative manner
56 Postponement of execution of request for surrender
(1) The Minister may postpone the execution of a request for surrender under this Part at any time before the person sought is surrendered if, and only if,—
(a) a ruling on admissibility of the kind specified in section 57(1) or section 59(1) or section 60 is pending before the ICC; or
(b) the request would interfere with an investigation or prosecution for a dif‐ ferent offence against New Zealand law, as provided in section 58; or
(c) a request of the kind referred to in section 66(1)(c) is made to the ICC.
(2) Even if a case is one to which subsection (1) applies, the Minister may decide not to postpone the execution of the request; and, in that event, the Minister may take such steps under this Part as may be appropriate in the circumstances, including making a surrender order with immediate effect under section 47 or with effect at a later date under section 48 or a temporary surrender order under section 49.
(3) If the Minister postpones the execution of the request, the postponement may be for a reasonable time and may, if the Minister considers it desirable, be extended from time to time.
(4) A decision by the Minister to postpone the execution of a request—
(a) does not limit or affect—
(i) the District Court’s ability to accept notification of consent to the surrender:
(ii) the ability to continue to detain a person under any warrant issued under this Part:
(b) does not affect the validity of any act that has been done or any warrant or order made under this Part before the decision was made.
(5) If no decision on the execution of the request for surrender is made within 6 months after the date of the Minister’s decision to postpone the execution of the request, the person may apply to a Judge of the High Court to be dis‐ charged.
(6) If an application to be discharged is made under subsection (5), the Judge may, on proof that reasonable notice of the intention to make the application has been given to the Minister, unless sufficient cause is shown against the dis‐ charge,—
(a) discharge any order made under this Act:
59 Person being prosecuted in New Zealand for same conduct
(1) This section applies if-
(a) the ICC makes a request for surrender
115 Postponement of execution of assistance
(1) The Attorney-General may postpone the execution of a request for assistance under this Part if, and only if,—
(a) the execution of the request would interfere with an ongoing investigation or prosecution for a different offence and section 117 applies; or
(b) a ruling on admissibility is pending before the ICC and section 118 applies; or
(c) there are competing requests from the ICC and from another State to which New Zealand is under an international obligation and section 119(2)(a) applies; or
117 Postponement where ongoing investigation or prosecution
(1) If the immediate execution of a request by the ICC for assistance to which this Part applies would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the Attorney-General may postpone the execution of the request for a period of time agreed between the Attorney-General and the ICC.
(2) Despite section 115(3), the period of postponement may be no longer than is reasonably necessary to complete the investigation or prosecution.
(3) Before making a decision to postpone the execution of a request, the Attorney- General must consider whether the assistance could be provided immediately subject to certain conditions.
(4) If the Attorney-General decides to postpone the execution of a request and the ICC seeks assistance in the preservation of evidence under Article 93(1)(j) of the Statute, the Attorney-General must deal with that request in accordance with this Part.
118
(1) This section applies if the ICC is considering an admissibility challenge under Article 18 or Article 19 of the Statute in respect of a case that a request to which this Part applies relates.
1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.
2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).
Where there is an admissibility challenge under consideration by the Court pursuant to article 18 or 19, the requested State may postpone the execution of a request under this Part pending a determination by the Court, unless the Court has specifically ordered that the Prosecutor may pursue the collection of such evidence pursuant to article 18 or 19.