64 Request from ICC and other State relating to different conduct

(1) If a request for surrender of a person is received from the ICC and a request for the extradition of that person is received from 1 or more States for conduct other than that which constitutes the crime for which the ICC seeks the per‐ son’s surrender, the Minister must determine whether the person is to be sur‐ rendered to the ICC or to the requesting State.

(2) If New Zealand is not under an existing international obligation to extradite the person to the requesting State, priority must be given to the request from the ICC.

(3) If New Zealand is under an existing international obligation to extradite the person to the requesting State, the Minister must determine whether to surrender the person to the ICC or to extradite the person to the requesting State.

(4) In making the determination under subsection (3), the Minister must consider all the relevant factors, including, without limitation, those matters specified in section 63 of this Act and section 99 of the Extradition Act 1999, but must give special consideration to the relative seriousness of the offences for which surrender is sought.