42 Detention in place other than prison
(1) This section applies if the District Court orders the detention of a person at any time under this Part.
(2) If the District Court concludes that detaining the person in prison would risk the person’s life or health or be undesirable for any reason, the District Court may order that the person be held in custody—
(a) at the place where the person is for the time being; or
(b) at any other place that the District Court considers appropriate, having regard to the risk or reason involved.
(3) The person may be held as specified in subsection (2) until—
(a) the person can be detained in a prison without risk to that person’s life or health; or
(b) the reason for not detaining the person in prison no longer applies; or
(c) the person is surrendered or discharged according to law.
(4) In making the order specified in subsection (2), the District Court must have regard to any recommendations that the ICC may make regarding the place of the person’s detention.
79 Information about time spent in custody in New Zealand
(1) If the ICC requests the surrender of a person, and that person is detained in a New Zealand prison or any other place at any time pending surrender, the prison manager of the prison or the head of the other place must keep a record of the time spent in custody as if the person were charged with an offence against the law of New Zealand and were on remand.
(2) The prison manager or the head of the other place must, if requested, provide to the Minister a certificate recording—
(a) the date on which the person was admitted to a prison or any other place to be held in custody in relation to the request; and
(b) the total period during which the person was detained in custody during the process leading to the surrender of the person to New Zealand in relation to the offence or offences; and
(c) whether the person was, at any time during the period in custody in rela‐ tion to the surrender, also serving a sentence for an offence against New Zealand law.
(3) The Minister must provide to the ICC at the time of the surrender of the person, or as soon as possible after that, a certificate recording the information speci‐ fied in subsection (2) and such other information relating to any period spent in custody in relation to the surrender as the ICC may request.
1. In respect of an investigation under this Statute, a person:
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.
(c) A person being transported shall be detained in custody during the period of transit;
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.