PART 1 - PRELIMINARY PROVISIONS

4.
Interpretation—

(3)For the purposes of Parts 1 to 11,—

(a) a reference in those Parts to a request by the ICC for assistance includes a reference to a request by the ICC for co-operation; and

(b) a reference in those Parts to a request by the ICC for assistance under a specified provision or in relation to a particular matter includes a reference to a request by the ICC for co-operation under that provision or in relation to that matter; and

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Co-operation relating to offences against administration of justice

23.
Co-operation relating to offences against administration of justice—

(1)If the ICC makes a request for assistance in an investigation or proceeding involving an offence against the administration of justice, that request must be dealt with,—

(a)in the case of a request for surrender, in the manner provided in Parts 3 and 4, and those Parts apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules; and

(b)in the case of a request for enforcement of an order requiring reparation or the payment of a fine or a forfeiture order, in the manner provided in Parts 3 and 6, and those Parts apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules; and

(c)in the case of a request for transit, in the manner provided in sections 136 to 138 and 150 to 156, and those sections apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules; and

(d)in the case of a request for any other type of assistance, in the manner provided in Parts 3 and 5, and those Parts and, if applicable, Part 8, apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules.

(2)In addition to the grounds of refusal or postponement specified in Parts 4 and 5, a request for surrender or other assistance that relates to an offence involving the administration of justice may be refused if, in the opinion of the Minister of Justice or Attorney-General, as the case may be, there are exceptional circumstances that would make it unjust or oppressive to surrender the person or give the assistance requested.

Cf Statute, article 70(2)

PART 3 - GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

Official capacity of suspect or accused no bar to request

31.
Official capacity of person no bar to request—

(1)The existence of any immunity or special procedural rule attaching to the official capacity of any person is not a ground for—

(c)holding that a person is not obliged to provide the assistance sought in a request by the ICC.

PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Identifying or locating persons or things

81.
Assistance in locating or identifying persons or things—

(1)This section applies if the ICC requests assistance under any of articles 19(8), 56, 64, or 93(1)(a) of the Statute in locating, or identifying and locating, a person or a thing believed to be in New Zealand.

Part 1
Request by a Tribunal for assistance

4 Tribunal may request assistance

(1) Where a Tribunal needs the assistance of New Zealand in order to —

(a) perform its functions in respect of an investigation or prosecution it is conducting or proposing to conduct ; or
(b) give effect to an order issued by the Tribunal,— the Tribunal may make a request for assistance.

(2) Any request under subsection (1) shall be made to the Attor¬ney-General or a person authorised by the Attorney-General.

(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.

Part 1
Request by a Tribunal for assistance

5 Form of requests

(1) A request from a Tribunal under section 4 that is in writing and specifies —

(a) the nature of the investigation or prosecution in respect of which the request is made ; and
(b) in a certificate from the Tribunal, that the request is in respect of an investigation or prosecution relating to a Tribunal offence ; and
(c) the legal basis on which the Tribunal relies for conducting the investigation or prosecution ; and
(d) the nature of the assistance sought by the Tribunal ; and
(e) the facts and law relevant to the investigation or prosecution (in addition to the statement required by paragraph (c)); and
(f) the procedure (if any) that the Tribunal wishes the Attorney-General to follow in complying with the request, including the form in which material shall be given to the Tribunal ; and
(g) the period within which the Tribunal wishes the request to be complied with ; and
(h) any confidentiality requirements that the Tribunal con¬siders should be observed ; and
(i) any other matters that the Tribunal considers may assist the Attorney-General in complying with the request ; and
(j ) any other matters that the Attorney-General has previously notified the Tribunal will assist the Attorney-General in complying with the request ,—

shall be received and dealt with in accordance with this Act.

(2) A request for assistance shall not be invalid by reason only of the fact that it does not comply with the requirements of subsection (1).