24 Requests for assistance
(1)
(b)
(iii) Article 64 (which relates to various measures that can be taken by the Trial Chamber):
82 Assistance in gathering evidence
(1) This section applies if the ICC requests, under any of Articles 19(8), 56, 64, or 93(1)(b) of the Statute, that—
(a) evidence be taken in New Zealand; or
(b) documents or other articles in New Zealand be produced.
(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 to a proceeding before the ICC; and
(b) there are reasonable grounds for believing that the evidence can be taken or, as the case may be, the documents or other articles can be produced in New Zealand.
91 Assistance in arranging service of documents
(1) This section applies if the ICC requests assistance under any of Articles 19(8), 56, 58(7), 64, or 93(1)(d) of the Statute in arranging for the service of a document in New Zealand.
(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 person or body to be served is or may be in New Zealand.
(3) If the Attorney-General gives authority for the request to proceed, the Attorney-General must forward the request for service to the appropriate New Zealand agency, and that agency must, without delay,—
(a) use its best endeavours to have the process served—
(i) in accordance with any procedure specified in the request; or
(ii) if that procedure would be unlawful or inappropriate in New Zealand, or if no procedure is specified, in accordance with the law of New Zealand; and
(b) transmit to the Attorney-General—
(i) a certificate as to service, if the document is served; or
(ii) a statement of the reasons that prevented service, if the document is not served.
(4) In this section, document includes—
(a) a summons requiring a person to appear as a witness; and
(b) a summons to an accused that has been issued under Article 58(7) of the Statute.
92 Request for voluntary appearance of witness
(1) This section applies if the ICC requests assistance under any of Articles 19(8), 56, 64, or 93(1)(e) of the Statute in facilitating the voluntary appearance of a witness before the ICC.
(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 witness’s attendance is sought so that the witness can give evidence or information relating to the investigation or proceeding; and
(c) the witness is or may be in New Zealand.
(3) In this section and sections 93 and 94, witness includes a person who may give expert evidence; but does not include either—
(a) a person who has been accused of an international crime in the proceedings to which the request relates; or
(b) a prisoner who is detained in relation to an offence against New Zealand law.
100 Assistance in examining places or sites
(1) This section applies if the ICC requests assistance under any of Articles 19(8), 56, 64, or 93(1)(g) of the Statute in examining places or sites in New Zealand.
(2) The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC.
(3) If the Attorney-General gives authority for the request to proceed,—
(a) the Attorney-General must forward the request to the appropriate New Zealand agency; and
(b) that agency must, without delay,—
(i) use its best endeavours to undertake the examination of the place or site in the manner that the ICC has requested; and
(ii) make such report on the examination as it considers to be appropriate in the circumstances; and
(iii) deliver the report of the examination to the Attorney-General.
(4) This section does not give any person a power to enter a place or site.
101 Request for search and seizure
(1) This section applies if the ICC makes a request under any of Articles 19(8), 56, 64, or 93(1)(h) of the Statute for search and seizure.
(2) The Attorney-General may give authority for the request to proceed if he or she is satisfied that—
6. In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary:
(b) Require the attendance and testimony of witnesses and production of documents and other evidence by obtaining, if necessary, the assistance of States as provided in this Statute;