Request for transit

New Zealand

International Crimes and International Criminal Court Act 2000


Co-operation relating to offences against administration of justice

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,—

(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


Person in transit

Transit by person being surrendered or transferred to ICC—

(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.

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.

(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:

(i) A description of the person being transported;

(ii) A brief statement of the facts of the case and their legal characterization; and

(iii) The warrant for arrest and surrender;

(c) A person being transported shall be detained in custody during the period of transit;

(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;

(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.