Transit proceedings

New Zealand

International Crimes and International Criminal Court Act 2000


Person in transit

Transit by person being surrendered or transferred to ICC—

(1)This section and sections 137, 138, and 150 to 156 apply to a person (the ``transferee'') who—

(a)is being surrendered to the ICC by another State under article 89 of the Statute; or

(b)is a person to whom article 93(7) of the Statute applies, and is being temporarily transferred to the ICC by another State; or

(c)is a person sentenced to imprisonment by the ICC and who is being transferred to or from the ICC, or between States, in connection with that sentence.

(2)The transferee may be transported through New Zealand for the purpose of being surrendered or transferred to the ICC or to another State, as the case may be.

(3)Before the transferee is transported through New Zealand under subsection (2), the ICC must first transmit a request for transit in accordance with article 87 of the Statute that contains the following information and documents:

(a)a description of the transferee:

(b)in the case of a person described in subsection (1)(a),—

(i)a brief statement of the facts of the case and their legal characterisation; and

(ii)a copy of the warrant for arrest and surrender:

(c)in the case of a person described in subsection (1)(b), such information as the Minister may request about the reasons for the temporary transfer.

(4)Despite subsection (3), the Minister must not refuse a request for transit unless the Minister considers that transit through New Zealand would impede or delay the surrender or transfer of the transferee.

(5)Despite subsection (3), no authorisation for transit is required if the transferee is transported by air and no landing is scheduled on New Zealand territory.

(6)If an unscheduled landing occurs on New Zealand territory, the Minister may require the ICC to submit a request for transit of the transferee under subsection (3) as soon as is reasonably practicable.

Cf 1999 No 55 s 90(1) and (2); 1992 No 86 s 42; Statute, articles 89(3), 93(1)(f) and (7)

Transferee to be held in custody—

(1)The transferee must, during the period of transit, be detained in custody in accordance with subsection (2).

(2)If the aircraft or ship that transports a transferee lands or calls at any place in New Zealand,—

(a)the person holding the transferee in custody before the landing or call is made may hold the transferee in his or her custody or in police custody for a period not exceeding 96 hours; and

(b) a District Court may, on the application of a constable, order that the transferee be held in custody for such further period or periods as the court considers reasonably necessary to facilitate the transportation of the transferee to the ICC or to another State, as the case may be.

(3)If an unscheduled landing occurs and the ICC is required under section 136(6) to submit a request for transit, the transferee must be held in custody under subsection (2).

(4)If subsection (3) applies, the period of detention of the transferee may not be extended beyond 96 hours from the time of the unscheduled landing, unless the request for transit from the ICC is received within that time.

(5)If a District Court orders, under subsection (2)(b), that a transferee be held in custody, the transferee may be detained in a prison or any other place in which a person could be detained under section 42.

Cf 1999 No 55 s 90(4); Statute, article 89(3)

Minister must make removal order or issue certificate—

(1)If a transferee is not removed before or at the expiry of all periods of custody under section 137(2), the Minister must either—

(a)make a removal order under section 153; or

(b)issue a certificate under section 150 giving the transferee temporary authority to remain in New Zealand.

(2)Despite subsection (1), no removal order may be made under section 153 unless—

(a)the Minister first consults with the ICC; and

(b)it is not possible for the Minister and the ICC to reach agreement relating to the prompt removal of the transferee.

(3)The Minister may not issue the certificate referred to in subsection (1)(b) unless the Minister is satisfied that, because of the special circumstances of the transferee, it would be inappropriate to make a removal order.

Cf 1999 No 55 s 93(1)

International War Crimes Tribunals Act 1995

Part 3
Other forms of assistance to a Tribunal

Custody of persons in transit

34 Transit

(1) Where a person is to be transported in custody from a foreign country through New Zealand to another foreign country for the purpose of—

(a) giving evidence in a proceeding before a Tribunal ; or
(b) giving assistance in relation to an investigation being conducted by a Tribunal ; or
(c) being surrendered to a Tribunal,—

that person may be transported through New Zealand in the custody of another person.

(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.

(4) For the purposes of enabling the grant of a limited visa under the Immigration Act 2009 to any person whom it is proposed to transport through New Zealand pursuant to this section, the Attorney-General may issue a certificate, in writing, that the person is to be transported through New Zealand pursuant to this section.

(5) The Attorney-General may, at any time by notice in writing, cancel any certificate issued under subsection (4) in respect of any person who is in New Zealand for the purposes of being transported through New Zealand pursuant to this section if the Attorney-General is satisfied that that person's presence in New Zealand is no longer necessary for that purpose.

Rome Statute

Article 89 Surrender of persons to the Court


(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.