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.
119 Competing requests
(1) If the Attorney-General receives competing requests for assistance from the ICC and from another State to which New Zealand is under an obligation to respond, the Attorney-General must endeavour, after consultation with the ICC and the other State, to satisfy both requests.
(2) For the purposes of subsection (1), the Attorney-General may do either or both of the following:
(a) postpone the execution of either of the competing requests:
(b) attach conditions to the provision of assistance under either or both of the requests.
(3) If it is not possible to resolve the issue by consultation, the method of dealing with the competing requests must be resolved in accordance with Article 90 of the Statute, and sections 61 to 65 apply with any necessary modifications.
6. In cases where paragraph 4 applies except that the requested State is under an existing international obligation to extradite the person to the requesting State not Party to this Statute, the requested State shall determine whether to surrender the person to the Court or extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to:
(a) The respective dates of the requests;
(b) The interests of the requesting State including, where relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and
(c) The possibility of subsequent surrender between the Court and the requesting State.
(i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.
(ii) Failing that, competing requests shall be resolved in accordance with the principles established in article 90.
(b) Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.