Detention during transit

New Zealand

International War Crimes Tribunals Act 1995

Part 3
Other forms of assistance to a Tribunal

Custody of persons in transit

34 Transit

(2) Where an aircraft or ship by which the person is being trans-ported lands or calls at a place in New Zealand, the person must be kept in such custody as the Attorney-General may direct in writing until the person's transportation is continued.

(3) Where—

(a) a person is being held in custody pursuant to a direction under subsection (2) ; and
(b) the person's transportation is not, in the Attorney-General's opinion, continued within a reasonable time,

— the Attorney-General may direct that the person be transported in custody to the foreign country from which the person was first transported, and such a direction shall be sufficient authority for that person's removal from New Zealand by such means as the Attorney-General directs.

Rome Statute

Article 89 Surrender of persons to the Court


(c) A person being transported shall be detained in custody during the period of transit;