114 Refusal of assistance

(1) The Attorney-General must refuse a request by the ICC for assistance to which this Part applies if—
(a) the ICC does not accept the conditions or other modifications suggested in order to implement the request as contemplated by Article 93(5) of the Statute and section 113(4); or
(b) the ICC determines under Article 18 or Article 19 of the Statute that the case to which the request relates is inadmissible and section 118(4) applies; or
(c) section 120(4) applies.

(2) The Attorney-General may refuse a request by the ICC to which this Part applies if—
(a) Part 8 (which relates to the protection of national security or third party information) applies; or
(b) there are competing requests from the ICC and a State that is not a party to the Statute relating to the same conduct and section 63(4) (as applied by section 119) applies; or
(c) there are competing requests from the ICC and a State that is not a party to the Statute relating to different conduct and section 64(3) (as applied by section 119) applies.

(3)To avoid doubt,—
(a) the only grounds on which assistance to the ICC may be refused are those specified in this section and, if applicable, section 23(2) (which relates to offences involving the administration of justice); and
(b) the restrictions on assistance specified in the Mutual Assistance in Criminal Matters Act 1992 do not apply in relation to a request by the ICC for assistance to which this Part applies.

158 Part 9 request involving national security

(1) If a request for assistance made under Part 9 of the Statute appears to concern the production of any documents or disclosure of evidence that would, in the opinion of the Attorney-General, prejudice New Zealand’s national security

(2) If, having followed the specified process the matter is not able to be resolved, the Attorney-General may refuse the request or decline to authorise the production of the documents or giving of the evidence, as the case may be.

158
(2) If, having followed the specified process the matter is not able to be resolved, the Attorney-General may refuse the request or decline to authorise the production of the documents or giving of the evidence, as the case may be.

159 Information or evidence involving national security

(1) This section applies if a person who has been requested to give information or evidence—
(a) refuses to do so on the ground that disclosure would prejudice the national security interests of New Zealand; or
(b) refers the matter to the Attorney-General on the ground that disclosure would prejudice the national security interests of New Zealand.

(2) If this section applies, the Attorney-General must determine whether or not he or she is of the opinion that the giving of information or evidence would prejudice New Zealand’s national security interests.

(3) If the Attorney-General confirms that he or she is of the opinion that disclosure would prejudice New Zealand’s national security interests, the matter must be dealt with in accordance with the process specified in sections 161 and 162.

(4) If, having following the specified process, the matter has not been resolved, the Attorney-General may refuse the request or decline to authorise the provision of the information or giving of the evidence, as the case may be.

160

(1) If, in any circumstances other than those specified in sections 158 and 159, the Attorney-General is of the opinion that the disclosure of information or documents to the ICC would prejudice New Zealand’s national security interests, the matter must be dealt with in accordance with the process specified in sections 161 and 162.

(2) Without limiting subsection (1), this section applies if the Attorney-General learns that information or documents are being, or are likely to be, disclosed at any stage of the proceedings, and intervenes in accordance with Article 72(4) of the Statute.

(3) If, having followed the specified process, the matter has not been resolved and the ICC has not made an order for disclosure under Article 72(7)(b)(i) of the Statute, the Attorney-General may refuse the request or decline to authorise the provision of the information or giving of the evidence, as the case may be.

162 Procedure where no resolution

(1) If, after consultation, the Attorney-General considers that there are no means or conditions under which the information or documents or evidence could be provided or disclosed or given without prejudice to New Zealand’s national security interests, the Attorney-General must notify the ICC, in accordance with Article 72(6) of the Statute, of the specific reasons for his or her decision, unless a specific description of the reasons would result itself in prejudice to New Zealand’s national security interests.

(2) The Attorney-General must use his or her best endeavours with a view to reaching a mutually satisfactory outcome if—
(a) the ICC determines that the evidence is relevant and necessary for the establishment of the guilt or innocence of the accused; and
(b) the issue of disclosure arises in the circumstances specified in section 158 or section 159 and the Attorney-General is of the opinion that New Zealand’s national security interests would be prejudiced by disclosure; and
(c) the ICC requests further consultations for the purpose of considering the representations, which may include hearings in camera and ex parte.

(3) The Attorney-General must comply with an ICC disclosure order if—
(a) the ICC determines that the evidence is relevant and necessary for the establishment of the guilt or innocence of the defendant; and
(b) the issue of disclosure arises in the circumstances specified in section 160(1); and
(c) the ICC orders disclosure in accordance with Article 72(7)(b)(i) of the Statute.