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—

(b)the Minister is satisfied that 1 of the discretionary restrictions on surrender specified in section 55(2) applies and that it is appropriate in the circumstances that surrender be refused; or

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on surrender

55.
Refusal of surrender—

(2)The Minister may refuse a request by the ICC for the surrender of a person if—

(b)there are competing requests from the ICC and a State that is not a party to the Statute relating to different conduct and section 64(3) applies.

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on surrender

64.
Request from ICC and other State relating to different conduct—

(3)If New Zealand is under an existing international obligation to extradite the person to the requesting State, the Minister must determine whether to surrender the person to the ICC or to extradite the person to the requesting State.

(4)In making the determination under subsection (3), the Minister must consider all the relevant factors, including, without limitation, those matters specified in section 63 of this Act and section 99 of the Extradition Act 1999, but must give special consideration to the relative seriousness of the offences for which surrender is sought.

Cf Statute, article 90(7)

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

Restrictions on provision of assistance

115.
Postponement of execution of assistance—

(1)The Attorney-General may postpone the execution of a request for assistance under this Part if, and only if,—

(c)there are competing requests from the ICC and from another State to which New Zealand is under an international obligation and section 119(2)(a) applies; or