28 Consulation
(1)
(c) in the case of a request for surrender,—
(i) the person sought cannot be located in New Zealand; or
(ii) it appears that the person in New Zealand is clearly not the person named in the warrant or judgment, as the case may be; or
32 Request for arrest and surrender
(1) This Part applies to a request made by the ICC under Article 89(1) of the Stat‐ ute for the arrest and surrender from New Zealand of—
(a) a person in respect of whom the Pre-Trial Chamber has issued a warrant of arrest under Article 58 or Article 60 of the Statute for an international crime:
(b) a person who has been convicted by the ICC of an international crime.
33 Minister to request issue of arrest warrant
(1) If a request for surrender is received, other than a request for provisional arrest referred to in section 32(2), the Minister may notify a District Court Judge in writing that it has been made and request that the Judge issue a warrant for the arrest of the person whose surrender is sought.
(2) If a notice is sent to a Judge under subsection (1), the Minister must also send to the Judge a copy of the request and supporting documents.
(3) The Minister may, if the Minister thinks fit, refuse to notify a District Court Judge under this section.
34 Issue of arrest warrant
After receiving a request under section 33, the District Court Judge must issue a warrant in the prescribed form for the arrest of the person if the Judge is satisfied on the basis of information presented to him or her that—
(a) the person is or is suspected of being in New Zealand or may come to New Zealand; and
(b) there are reasonable grounds to believe that that person is the person to whom the request for surrender from the ICC relates.
38 Procedure where provisional arrest warrant issued
(1) If a person has been arrested on a provisional arrest warrant issued under sec‐ tion 36, the following provisions apply:
(a) the hearing of the proceedings must not proceed until the District Court receives from the Minister a notice in writing stating that a request for the surrender of the person has been transmitted to the Minister in the manner specified in section 25:
1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.