National procedures for execution of cooperation request

New Zealand

International Crimes and International Criminal Court Act 2000

PART 3 - GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

30.
Response to be sent to ICC—

(1)The Attorney-General or the Minister, as the case may be, must notify the ICC, without delay, of his or her response to a request for assistance and of the outcome of any action that has been taken in relation to it.

PART 3 - GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

30.
Response to be sent to ICC—

(4)In the case of an urgent request for assistance, any documents or evidence produced in response must, at the request of the ICC, be sent urgently to it.

(5)Documents or evidence provided or produced in response to a request for assistance from the ICC must be transmitted to the ICC in their original language and form.

PART 11 - MISCELLANEOUS PROVISIONS AND CONSEQUENTIAL AMENDMENTS

Miscellaneous provisions

178.
Certificates given by Attorney-General—

(1)If the Attorney-General receives a request for assistance from the ICC to which Part 5 relates, the Attorney-General may give a certificate certifying all or any of the following facts:

(a)that a request for assistance has been made by the ICC:

(b)that the request meets the requirements of this Act:

(c)that the acceptance of the request has been duly made under and in accordance with this Act.

(2)In any proceeding under this Act, a certificate purporting to have been given under subsection (1) is, in the absence of proof to the contrary, sufficient evidence of the matters certified by the certificate.

Cf 1995 No 27 s 58

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(a) The identification and whereabouts of persons or the location of items;

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;

(c) The questioning of any person being investigated or prosecuted;

(d) The service of documents, including judicial documents;

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;

(f) The temporary transfer of persons as provided in paragraph 7;

(g) The examination of places or sites, including the exhumation and examination of grave sites;

(h) The execution of searches and seizures;

(i) The provision of records and documents, including official records and documents;

(j) The protection of victims and witnesses and the preservation of evidence;

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.