PART 9 - INVESTIGATIONS OR SITTINGS OF ICC IN NEW ZEALAND
ICC sittings in New Zealand—
The ICC may sit in New Zealand for the purpose of performing its functions under the Statute and under the Rules, including, without limitation,—
(a)taking evidence; or
(b)conducting or continuing a proceeding; or
(c)giving judgment in a proceeding; or
(d)reviewing a sentence.
Cf 1995 No 27 s 36; Statute, articles 3(3), 62
ICC's powers while sitting in New Zealand—
While the ICC is sitting in New Zealand, it may exercise its functions and powers as provided under the Statute and under the Rules.
Cf 1995 No 27 s 37; Statute, articles 4(2), 64
ICC may administer oaths in New Zealand—
The ICC may, at any sitting of the ICC in New Zealand, administer an oath or affirmation giving an undertaking as to truthfulness in accordance with the practice and procedure of the ICC.
Cf 1995 No 27 s 38(1); Statute, article 69(1)
Orders made by ICC not subject to review—
No application for review under Part 1 of the Judicature Amendment Act 1972 and no application for an order of mandamus or prohibition or certiorari or for a declaration or injunction may be brought in respect of any judgment or order or determination of the ICC that is made or given at a sitting of the ICC in New Zealand.
Cf 1995 No 27 s 39
Power to detain ICC prisoners in New Zealand prisons if ICC holds sitting in New Zealand—
(1)A person in New Zealand must be kept in custody as the Minister directs in writing if—
(a)the ICC holds any sitting in New Zealand; and
(b)the ICC requests that the person whose presence is required at the proceedings be held in custody as an ICC prisoner while the sitting continues in New Zealand.
(2)A direction given under subsection (1) in respect of an ICC prisoner is sufficient authority for the detention of that prisoner in accordance with the terms of the direction.
(3) If an ICC prisoner is directed to be detained in a prison under subsection (1), the Corrections Act 2004, so far as applicable and with all necessary modifications, applies with respect to that prisoner as if the prisoner had been remanded in custody or sentenced to imprisonment for an offence against the law of New Zealand, as the case may require, and is liable to be detained in a prison under such an order or sentence.
(4)For the purposes of section 120 of the Crimes Act 1961 (which relates to escape from lawful custody) and section 121 (which relates to assisting escape), an ICC prisoner who is in custody in a New Zealand prison or other detention facility is deemed to be in lawful custody while in New Zealand.
Cf 1992 No 86 s 15(1)-(3); 1957 No 87 s 20(4); Statute, article 63
Removal of ICC prisoner—
If the Minister is satisfied that the presence of an ICC prisoner who was the subject of a direction under section 171(1) is no longer necessary, sections 150 to 156 apply with any necessary modifications to that person.
Request by a Tribunal for assistance
4 Tribunal may request assistance
(3) without limiting the generality of subsection (1), a Tribunal may make a request for assistance of any 1 or more of the following types :
(a) arresting and surrendering to the Tribunal a person in relation to whom the Tribunal has issued an arrest warrant :
(b) executing a request for search and seizure:
(c) obtaining evidence or a document or other article:
(d) providing a document or other record:
(e) locating and identifying a witness or suspect:
(f) arranging for a person to give evidence or assist an in-vestigation:
(g) causing the forfeiture of tainted property:
(h) serving documents:
(i) arranging for the Tribunal to sit in New Zealand.
Sittings of a Tribunal in New Zealand
36 Tribunal sittings in New Zealand
(1) A Tribunal may sit in New Zealand for the purpose of performing its functions.
(2) Without limiting the generality of subsection (1), a Tribunal may sit in New Zealand for the purpose of—
(a) taking evidence ; or
(b) conducting or continuing a proceeding before the Tribunal ; or
(c) giving judgment in a proceeding before the Tribunal.
37 Tribunal's powers while sitting in New Zealand
While a Tribunal is sitting in New Zealand, it may exercise such powers that the Tribunal may exercise under the Statute of the Tribunal, and under any rules of procedure and evidence adopted pursuant to the Statute of the Tribunal and for the time being in force.
38 Tribunal may administer oaths in New Zealand
(1) A Tribunal may at any sitting of the Tribunal in New Zealand administer an oath or affirmation in accordance with the prac¬tice and procedure of the Tribunal.
(2) Evidence given by a person on oath or affirmation adminis-tered by the Tribunal under subsection (1) shall, for the purposes of section 108 of the Crimes Act 1961 (which relates to perjury), be deemed to have been given as evidence in a judicial proceeding on oath.
39 Orders made by Tribunal not subject to review
No application for review under Part 1 of the Judicature Amendment Act 1972 and no application for an order of mandamus or prohibition or certiorari or for a declaration or injunction may be brought in respect of any judgment or order or determination of a Tribunal made or given at a sitting of the Tribunal in New Zealand.
40 Contempt of Tribunal
(1) Every person commits an offence who, at any sitting of a Tribunal in New Zealand,—
(a) assaults, threatens, intimidates, or wilfully insults
(i) a Judge of the Tribunal ; or
(ii) the Prosecutor of the Tribunal ; or
(iii) the Registrar or any other officer of the Tribunal ; or
(iv) a person appearing as a barrister or solicitor, or both, before the Tribunal ; or
(v) a witness in proceedings before the Tribunal ; or
(b) wilfully interrupts or obstructs the proceedings.
(2) Every person commits an offence who, wilfully and without lawful excuse, disobeys any order or direction of a Tribunal made or given in the course of its proceedings.
(3) Every person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000.
In the event that the Court, pursuant to article 3, paragraph 3, of the Statute, considers it desirable to sit elsewhere than at its headquarters at The Hague in the Netherlands, the Court may conclude with the State concerned an arrangement concerning the provision of the appropriate facilities for the exercise of its functions.