PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Surrender and temporary surrender

47.
Minister must determine whether person to be surrendered—

(2)The Minister must make a surrender order in respect of the person unless—

(d)the Minister makes a temporary surrender order under section 49.

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Surrender and temporary surrender

48.
Surrender order may take effect at later date—

(1)This section applies if the Minister has determined under section 47 that in all other respects it is appropriate to make a surrender order, but the person is liable to be detained in a prison because of a sentence of imprisonment imposed for a different offence against the law of New Zealand.

(2)If this section applies, the Minister may, after consultation with the ICC, instead of making a surrender order that has immediate effect, or a temporary surrender order under section 49, make an order for the surrender of the person that is to come into effect when the person ceases to be liable to be detained.

Cf 1999 No 55 s 32; Statute, article 89(4)

49.
Temporary surrender to ICC—

(1)This section applies if—

(a)the request by the ICC for surrender relates to an international crime of which the person is accused; and

(b)the Minister has determined under section 47 that in all other respects it is appropriate to make a surrender order but the person sought is either—

(i)the subject of proceedings for a different offence against New Zealand law that has not been finally disposed of; or

(ii)liable to be detained in a prison because of a sentence of imprisonment imposed for a different offence against the law of New Zealand; and

(c)after consultation by the Minister with the ICC, the ICC requests that the person be surrendered temporarily.

(2)If this section applies, the Minister may make a temporary surrender order in respect of the person.

(3)Before making a temporary surrender order, the Minister may seek undertakings from the ICC relating to 1 or more of the following matters:

(a)the return of the person to New Zealand:

(b)the custody of the person while travelling to and from and while in the ICC's jurisdiction:

(c)such other matters, if any, that the Minister thinks appropriate.

Cf 1999 No 55 s 33(1) and (2); Statute, article 89(4)

50.
Decision on return to New Zealand after trial—

(1)The Minister must review whether it is appropriate for a person who has been surrendered to the ICC under a temporary surrender order to be returned to New Zealand in accordance with undertakings received from the ICC if the person is convicted by the ICC of an international crime and sentenced to imprisonment.

(2)The Minister may determine that he or she no longer requires the undertaking relating to return to be complied with and, if so, must inform the ICC without delay.

51.
Request for return to ICC after temporary surrender—

(1)The Minister may make a surrender order in relation to a person who was surrendered to the ICC under a temporary surrender order if—

(a)the person has been convicted by the ICC of an international crime and sentenced to imprisonment; and

(b)the person is returned to New Zealand in order for the New Zealand proceedings or sentence to be completed; and

(c)the ICC makes a request at any time before the person is no longer the subject of New Zealand proceedings or ceases to be liable to be detained in a New Zealand prison, that, when he or she is no longer the subject of proceedings or ceases to be so liable, the person be surrendered to serve the sentence imposed by the ICC.

(2)Before making an order under subsection (1), the Minister must determine in accordance with section 47(2) that the person is to be surrendered.

(3)If a surrender order is made under this section, the order takes effect on the same day that the person ceases to be subject to the New Zealand proceedings or ceases to be liable to be detained in a New Zealand prison.

Cf 1999 No 55 s 34

52.
New Zealand sentence continues to run—

(1)If a person who is subject to a sentence of imprisonment is released from a New Zealand prison under a surrender order made under section 47 or a temporary surrender order made under section 49, the person is to be treated, while in custody in connection with the request or the crime to which the request related, as the case may be (including custody outside New Zealand), as being in custody for the purposes of the New Zealand sentence, which continues to run.

(2)If, while a person is within the jurisdiction of the ICC under a temporary surrender order or surrender order, the person ceases to be liable to be detained in a New Zealand prison, the Minister must inform the ICC that any undertakings relating to custody referred to in section 49(3)(a) and section 49(3)(b) no longer need to be complied with.

(3)Nothing in this section affects the ICC's power to direct that any sentence of imprisonment that it imposes is to be cumulative on a sentence imposed under New Zealand law.

Cf 1999 No 55 s 33(3) and (4)

53.
Form and execution of surrender order or temporary surrender order—

A surrender order made under section 47 or a temporary surrender order made under section 49 must be in the prescribed form, if any, and must—

(a)specify all the international crimes in relation to which the person is being surrendered; and

(b) either—

(i) require the person in whose custody the person to be surrendered is being held (if the person is being held in custody) to release the person to be surrendered into the custody of a Police em-ployee, or a prison officer; or
(ii) if the person to be surrendered is on bail, author¬ise any Police employee to take the person into custody; and

(c) authorise the Police employee, or prison officer, as the
case may be, to transport the person in custody and, if necessary or convenient, to detain the person in custody, for the purpose of enabling the person to be placed in the custody of a person who is, in the opinion of the Minister, duly authorised to receive the person to be surrendered in the name of and on behalf of the ICC; and

(d)authorise the duly authorised person referred to in paragraph (c) to take the person to be surrendered into custody and transport the person out of New Zealand as soon as practicable to the ICC to be dealt with there according to law.

Cf 1999 No 55 s 67

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on surrender

58.
Ongoing New Zealand investigation or proceedings involving different conduct—

(1)This section applies if the ICC makes a request for surrender that would interfere with an investigation or proceedings in New Zealand involving different conduct.

(2)If this section applies, the Minister may, after consultation with the ICC,—

(a)proceed with the execution of the request in accordance with section 56(2), despite the New Zealand investigation or proceedings; or

(b)postpone the execution of the request until the New Zealand investigation or proceedings have been finally disposed of.

(3)Nothing in this section limits or affects section 48 which allows the Minister to make a surrender order that comes into force at a later date if a person is serving a sentence for a different offence against New Zealand law.

Cf Statute, article 94