PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Jurisdiction to try international crimes

8.
Jurisdiction in respect of international crimes—

(3)If this subsection applies, the maximum term of imprisonment or the maximum fine that may be imposed on the offender is either—

(a)the maximum term or the maximum fine that could have been imposed under the laws of New Zealand at the time of the offence, if that maximum has subsequently been increased; or

(b)the maximum term or the maximum fine that can be imposed on the day on which sentence is to be passed, if that maximum is less than that prescribed at the time of the offence.

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Offences against administration of justice

16 Bribery of Judge, etc

(1) Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 7 years who, in New Zealand or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence a Judge in respect of any act or omission by that Judge in his or her judicial capacity.

(2) Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years who, in New Zealand or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence a Judge or the Registrar or the Deputy Registrar in respect of an act or omission by that Judge, Registrar, or Deputy Registrar in his or her official capacity (other than an act or omission to which subsection (1) applies).

Compare: 1961 No 43 s 101

17 Corruption and bribery of official of ICC

(1) Every official of the ICC commits an offence and is liable on conviction to imprisonment for a term not exceeding 7 years who, in New Zealand or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for himself or herself or any other person in respect of an act—

(a) done or omitted by that officer in his or her official capacity; or
(b) to be done or omitted by that officer in his or her official capacity.

(2) Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years who, in New Zealand or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence an official of the ICC in respect of an act or omission by that officer in his or her official capacity.

(3) In this section and in section 21, an official of the ICC means a person employed under Article 44 of the Statute.

Compare: 1961 No 43 s 105

18 False evidence
(1) Every person who gives evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC that contains an assertion that, if made in a judicial proceeding in New Zealand as evidence on oath, would be perjury, gives false evidence.

(2) A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 7 years who, in New Zealand or elsewhere, gives false evidence.

(3) Despite subsection (2), if the false evidence is given in order to obtain the conviction of a person for an offence for which the maximum punishment is not less than 3 years’ imprisonment, the punishment may be imprisonment for a term not exceeding 14 years.

Compare: 1961 No 43 s 109

19 Fabricating evidence before ICC

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 7 years who, in New Zealand or elsewhere, with intent to mislead the ICC, fabricates evidence by any means other than the giving of false evidence.

Compare: 1961 No 43 s 113

20 Conspiracy to defeat justice in ICC

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 7 years who, in New Zealand or elsewhere, in relation to any proceedings, request, or other matter referred to in the Statute, conspires to obstruct, prevent, pervert, or defeat the course of justice.

Compare: 1961 No 43 s 116

21 Interference with witnesses or officials

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 7 years who, in New Zealand or elsewhere,—

(a) dissuades or attempts to dissuade any person, by threats, force, bribery or other means, from giving evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC; or
(b) makes threats or uses force against any Judge, the Registrar, the Deputy Registrar, or any official of the ICC with intent to influence or punish that person, in respect of an act—

(i) done or omitted by that person or any Judge, the
Registrar, the Deputy Registrar, or any official of the ICC, in his or her official capacity; or
(ii) to be done or omitted by that person or any Judge, the Registrar, the Deputy Registrar, or any official of the ICC, in his or her official capacity; or

(c) intentionally attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice, in relation to any proceedings, request, or other matter referred to in the Statute.

Compare: 1961 No 43 s 117

Part 4
Sittings of a Tribunal in New Zealand

40 Contempt of Tribunal

(1) Every person commits an offence who, at any sitting of a Tribunal in New Zealand,—

(a) assaults, threatens, intimidates, or wilfully insults

(i) a Judge of the Tribunal ; or
(ii) the Prosecutor of the Tribunal ; or
(iii) the Registrar or any other officer of the Tribunal ; or
(iv) a person appearing as a barrister or solicitor, or both, before the Tribunal ; or
(v) a witness in proceedings before the Tribunal ; or

(b) wilfully interrupts or obstructs the proceedings.

(2) Every person commits an offence who, wilfully and without lawful excuse, disobeys any order or direction of a Tribunal made or given in the course of its proceedings.

(3) Every person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000.