Part 1
Jurisdiction
7A Extraterritorial jurisdiction in respect of certain offences with transnational aspects
(1) Even if the acts or omissions alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for any offence against this Act committed in the course of carrying out a terrorist act (as defined in section 5(1) of the Terrorism Suppression Act 2002) or an offence against section 98AA, section 98A, section 98C, section 98D, any of sections 100 to 104, section 105(2), section 116, section 117, section 243, section 298A, or section 298B—
(a) if the person to be charged—
(i) is a New Zealand citizen; or
(ii) is ordinarily resident in New Zealand; or
(iii) has been found in New Zealand and has not been extradited; or
(iv) is a body corporate, or a corporation sole, incorporated under the law of New Zealand; or
(b) if any of the acts or omissions is alleged to have occurred—
(i) on board a ship registered or required to be registered under the Ship Registration Act 1992; or
(ii) on board a ship used as a ship of the New Zealand Defence Force; or
(iii) on board a New Zealand aircraft; or
(iv) on board an aircraft that is leased to a lessee whose principal place of business is in New Zealand, or who is a New Zealand citizen or a person ordinarily resident in New Zealand; or
(c) if a person in respect of whom the offence is alleged to have been committed—
(i) is a New Zealand citizen; or
(ii) is ordinarily resident in New Zealand; or
(d) in the case of an offence against section 98A, if the group of people with or in which the person to be charged is alleged to have participated are alleged to have as their objective or one of their objectives the obtaining of material benefits by the commission in New Zealand of offences or conduct referred to in paragraph (a) or paragraph (b) of section 98A(2).
(2) Even if the acts or omissions alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for an offence against section 98C or section 98D,—
(a) in the case of an offence against section 98C(1) or section 98D, if the act or omission is alleged to relate to the entry of a person into New Zealand; or
(b) in the case of an offence against section 98C(2), if the act or omission is alleged to relate to arranging the bringing of a person to New Zealand.
(2A) Even if some or all of the acts alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for an offence against section 13 1B—
(a) if the person to be charged—
(i) is a New Zealand citizen; or
(ii) is ordinarily resident in New Zealand; or
(iii) has been found in New Zealand and has not been extradited; or
(b) if any of the acts is alleged to have occurred—
(i) on board a ship registered or required to be registered under the Ship Registration Act 1992; or
(ii) on board a ship used as a ship of the New Zealand Defence Force; or
(iii) on board a New Zealand aircraft; or
(iv) on board an aircraft that is leased to a lessee whose principal place of business is in New Zealand, or who is a New Zealand citizen or a person ordinarily resident in New Zealand; or
(c) if a person in respect of whom the offence is alleged to have been committed—
(i) is a New Zealand citizen; or
(ii) is ordinarily resident in New Zealand.
(3) Neither section 8 nor section 400 applies to an offence referred to in subsection (1).
(4) Nothing in subsections (1) to (3) limits or affects—
(a) the application of section 7 to the occurrence in New Zealand of—
(i) an act or omission forming part of an offence; or
(ii) an event necessary to the completion of an of-fence; or
(b) the application of section 8A.
PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE
Jurisdiction to try international crimes
8.
Jurisdiction in respect of international crimes—
(1) Proceedings may be brought for an offence—
(c)against section 9 or section 10 or section 11 regardless of—
(i)the nationality or citizenship of the person accused; or
(ii)whether or not any act forming part of the offence occurred in New Zealand; or
(iii)whether or not the person accused was in New Zealand at the time that the act constituting the offence occurred or at the time a decision was made to charge the person with an offence.
1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.