Part 3
Other forms of assistance to a Tribunal
Attorney-General may authorise taking of evidence
This section applies where a Tribunal makes a request to the Attorney-General‑—
(a) for evidence to be taken in New Zealand; or
(b) for documents or other articles in New Zealand to be produced—
for the purposes of a proceeding before, or an investigation conducted by, the Tribunal.
Subject to: where the Attorney General is satisfied
(a) that the request relates to a Tribunal offence; and
(b) that 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,—
the Attorney-General may authorise, in writing, assistance in accordance with section 22 and section 23.
Taking of evidence
(1) Where the Attorney-General authorises the taking of evidence, the evidence shall be taken on oath from each witness by a Judge.
(2) The Judge who takes evidence in accordance with subsection (1) shall-
(a) cause the evidence to be put in writing; and
(b) certify that the evidence was taken by the judge and
(c) cause the writing so certified to be sent to the Attorney-General.
Producing documents or other articles
Where the Attorney-General authorises the production of documents or other articles, that production shall be required by the order of a Judge.
Search, seizure, and power of arrest
search warrants
Issue of search warrants
Any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided in subpart 3 or part 4 of that Act by a constable who is of or above the level of position of inspector
An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application in writing made in the manner provided in subpart 3 of Part 4 of that Act by a constable who is of or above the level of position of inspector, is satisfied that there are reasonable grounds for believing that there is in or on any place or thing—
(a) anything upon or in respect of which a relevant Tribunal offence has been, or is suspected of having been, committed; or
(b) anything which there are reasonable grounds for believing will be evidence as to the commission of any such offence—
may issue a search warrant in respect of that thing.
4. Without prejudice to other articles in this Part, where it is necessary for the successful execution of a request which can be executed without any compulsory measures, including specifically the interview of or taking evidence from a person on a voluntary basis, including doing so without the presence of the authorities of the requested State Party if it is essential for the request to be executed, and the examination without modification of a public site or other public place, the Prosecutor may execute such request directly on the territory of a State as follows:
(a) When the State Party requested is a State on the territory of which the crime is alleged to have been committed, and there has been a determination of admissibility pursuant to article 18 or 19, the Prosecutor may directly execute such request following all possible consultations with the requested State Party;
(b) In other cases, the Prosecutor may execute such request following consultations with the requested State Party and subject to any reasonable conditions or concerns raised by that State Party. Where the requested State Party identifies problems with the execution of a request pursuant to this subparagraph it shall, without delay, consult with the Court to resolve the matter.
1. A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.