PART 7 - PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC

Enforcement of sentences in New Zealand

147.
Minister must make removal order or issue certificate—

(1)If an ICC prisoner is to complete his or her sentence in New Zealand or to be released at the direction of the ICC while in New Zealand and the prisoner is not a New Zealand citizen, the Minister must, before the date of completion or release, either—

(a)make a removal order under section 153; or

(b)issue a certificate under section 150 giving the prisoner temporary authority to remain in New Zealand.

(2)The Minister must not issue the certificate referred to in subsection (1)(b) unless the Minister is satisfied that,—

(a)because of the special circumstances of the ICC prisoner, it would be inappropriate to make a removal order; or

(b)it is desirable to issue a certificate under section 150 in order to facilitate the processing of a request for extradition of the ICC prisoner, or the investigation of an offence, or to enable the prisoner to serve another sentence in New Zealand, or for any other reason in the interests of justice.

(3)This section applies subject to section 148.

Cf Statute, article 107(1)

148.
Special rules in certain cases—

(1)An ICC prisoner serving a sentence in New Zealand may—

(a)be extradited to another country in accordance with the Extradition Act 1999 either—

(i)at the completion of the sentence; or

(ii)during the sentence, but only for a temporary period; or

(b)be required to remain in New Zealand in order to serve any sentence that the prisoner is liable to serve under New Zealand law; or

(c)be required to remain in New Zealand to undergo trial for an offence under New Zealand law.

(2)Despite subsection (1),—

(a)a person to whom subsection (1)(a) applies may not be extradited to another country without the prior agreement of the ICC:

(b)a person to whom subsection (1)(b) or subsection (1)(c) applies may not be required to serve a sentence in New Zealand or to undergo trial for an offence under New Zealand law, as the case may be, that relates to an act or omission that occurred before the designation referred to in section 140(1)(c), without the prior agreement of the ICC.

(3)Subsection (2) does not apply to a person who—

(a)remains voluntarily in New Zealand for more than 30 days after the date of completion of, or release from, the sentence imposed by the ICC; or

(b)voluntarily returns to New Zealand after having left it.

Cf Statute, articles 107(3), 108

149.
Extradition of escaped ICC prisoner—

(1)Subsection (2) applies if—

(a)an ICC prisoner serving a sentence in another State escapes from custody and is located in New Zealand; and

(b)the State designated by the ICC as the State of enforcement of the sentence makes a request to New Zealand for extradition in accordance with article 111 of the Statute.

(2)If this subsection applies, the Extradition Act 1999 applies to a request for extradition—

(a)with any necessary modifications; and

(b)as if the request related to a person who had been convicted of an ``extradition offence'', within the meaning of section 2 of that Act.

(3)Subsection (4) applies if—

(a)an ICC prisoner serving a sentence in New Zealand escapes from custody and is located in another State; and

(b)the Minister wishes to make a request to that State for the person's extradition in accordance with article 111.

(4)If this subsection applies, the Minister may make a request for the prisoner's extradition under Part 6 of the Extradition Act 1999 and that Part applies—

(a)with any necessary modifications; and

(b)as if the request related to a person who had been convicted of an ``extradition offence'', within the meaning of section 2 of that Act.

Cf Statute, article 111


Certificates and removal orders

150.
Certificate giving temporary authority to remain in New Zealand—

(1)A certificate issued by the Minister under this section—

(a)may be issued for a period, not exceeding 3 months, specified in the certificate; and

(b)may, from time to time, be renewed for 1 further period not exceeding 3 months; and

(c)may, if the Minister thinks fit, order that the person named in the certificate be taken into custody.

(2)The certificate is, while it remains in force, sufficient authority for the person named in the certificate to remain in New Zealand.

(3) If the Minister issues a certificate, the Minister may refer the person’s case to the Minister of Immigration for consideration under section 61 of the Immigration Act 2009, and, in that case, that section applies for the purposes of this section as if the person were a person required to hold a visa under that Act to be in New Zealand.

(4) Except as provided in subsection (3), nothing in the Immigration Act 2009 applies to the person named in the certificate while the certificate is in force .

Cf 1999 No 55 s 94(1)-(4)

151.
Cancellation of certificate—

The Minister must cancel the certificate issued under section 150 and make a removal order under section 153 in respect of a person if,—

(a)where the Minister referred the person's case to the Minister of Immigration under section 150(3),—

(i) the Minister of Immigration declines to grant a visa under the Immigration Act 2009; and

(ii)there do not appear to the Minister to be any other grounds on which the person should be permitted to remain in New Zealand:

(b)in any other case, there do not appear to the Minister to be any other grounds on which the person should be permitted to remain in New Zealand.

Cf 1999 No 55 s 94(5)

152.
Further provisions relating to certificate—

(1) If a certificate issued under section 150 orders that a person be taken into custody, the certificate is sufficient authority for a constable to arrest the person and take him or her into custody.

(2)A person who is taken into custody under this section must, unless sooner released, be brought before a District Court Judge as soon as possible and, after that, every 21 days while the certificate is in force to determine, in accordance with subsection (3), if the person should be detained in custody or released pending the decisions referred to in section 151.

(3)If a person is brought before a District Court Judge under subsection (2), the Judge may, if the Judge is satisfied that the person is the person named in the certificate,—

(a)issue a warrant for the detention of the person in custody if the Judge is satisfied that, if not detained, the person is likely to abscond; or

(b)order the release of the person subject to such conditions, if any, that the Judge thinks fit.

(4)A warrant for the detention of the person issued under subsection (3)(a) may authorise the detention of the person in a prison or any other place in which a person could be detained under section 42.

Cf 1999 No 55 s 95

153.
Removal order—

(1)A removal order made by the Minister under this section—

(a) may either—
(i) require the person who is the subject of the order
to be released into or taken into the custody of a Police employee; or
(ii) if the person is not in custody, authorise any Po¬lice employee to take the person into custody; and

(b) must specify that the person is to be taken by a Police employee and placed on board any craft for the purpose of effecting the person’s removal from New Zealand; and

(c)may authorise the detention in custody of the person while awaiting removal from New Zealand.

(2)The removal order must be served on the person named in the order by personal service.

(3)If the removal order authorises the detention of the person in custody, the person may be detained—

(a)in a prison, or any other place in which a person could be detained under section 42; or

(b)at a seaport or airport.

(4)A removal order made under this section continues in force until it is executed or cancelled.

(5)In this section, ``personal service'', in relation to a removal order, means personal delivery of the order to the person to whom it relates or, if the person refuses to accept the order, bringing the order to the person's attention.

Cf 1999 No 55 s 96

154.
Delay in removal—

(1)If a person is not able to be conveyed out of New Zealand within 48 hours after service of a removal order issued under section 153, the person must be brought before a District Court Judge to determine, in accordance with subsection (2), whether the person should be detained in custody or released pending removal from New Zealand.

(2)If a person is brought before a District Court Judge under subsection (1), the Judge may, if the Judge is satisfied that the person is the person named in the order,—

(a)issue a warrant for the detention of the person in custody if the Judge is satisfied that, if not detained, the person is likely to abscond; or

(b)order the release of the person subject to such conditions, if any, that the Judge thinks fit.

(3)A warrant for the detention of the person issued under subsection (2)(a) may authorise the detention of the person in any place specified in section 153(3).

155. Immigration visa not required
A person to whom this Part applies is not required to hold a visa under the Immigration Act 2009 if, and for so long as, he or she is in New Zealand in accordance with this Part (whether or not he or she is in custody).

156.
New Zealand citizens—

Nothing in this Part authorises the making of a removal order under section 153 in respect of a New Zealand citizen.

Cf 1999 No 55 s 97