95 Request for temporary transfer of prisoner
(1) This section applies if the ICC requests assistance under Article 93(1)(f) of the Statute in facilitating the temporary transfer to the ICC of a New Zealand prisoner.
(2) The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that—
(a) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(b) the prisoner’s attendance is sought for the purposes of identification or for obtaining evidence or other assistance.
96 Consent required and assurances may be sought
(1) If the Attorney-General gives authority for the request to facilitate the tempor‐ ary transfer of a New Zealand prisoner to proceed, the Attorney-General must forward the request to the appropriate New Zealand agency.
(2) The New Zealand agency to which a request is forwarded under subsection (1) must make such inquiries as may be necessary to ascertain if the prisoner will consent to the transfer.
136 Transit by person being surrendered or transferred to ICC
(1) This section and sections 137, 138, and 150 to 156 apply to a person (the transferee) who—
(a) is being surrendered to the ICC by another State under Article 89 of the Statute; or
(b) is a person to whom Article 93(7) of the Statute applies, and is being temporarily transferred to the ICC by another State; or
(c) is a person sentenced to imprisonment by the ICC and who is being transferred to or from the ICC, or between States, in connection with that sentence.
(2) The transferee may be transported through New Zealand for the purpose of being surrendered or transferred to the ICC or to another State, as the case may be.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(f) The temporary transfer of persons as provided in paragraph 7;
(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.