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

Search and seizure

101.
Request for search and seizure—

(1)This section applies if the ICC makes a request under any of articles 19(8), 56, 64, or 93(1)(h) of the Statute for search and seizure.

(2)The Attorney-General may give authority for the request to proceed if he or she is satisfied that—

(a)the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and

(b)any thing relevant to the investigation or proceedings is or may be located in New Zealand.

Part 1
Request by a Tribunal for assistance

4 Tribunal may request assistance

(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 3
Other forms of assistance to a Tribunal

Search and seizure

29 Attorney-General may authorise application for search warrant Subject to section 57, where—

(a) a Tribunal makes a request to the Attorney-General to assist in obtaining by search and seizure any thing that is relevant to a Tribunal offence ; and
(b) the Attorney-General is satisfied that there are reasonable grounds for believing that the thing is located in New Zealand,—

the Attorney-General may, in writing, authorise a constable to apply to an issuing officer for the issue of a search warrant in accordance with section 48, and that constable may apply for the warrant accordingly.

Part 6
Search, seizure, and powers of arrest

Search warrants

48 Issue of search warrants

(1) Any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided in subpart 3 of Part 4 of that Act by a constable who is of or above the level of position of inspector under section 11, is satisfied that there are reasonable grounds for believing that there is in or on any place or thing—

(a) any thing upon or in respect of which a relevant Tri-bunal offence has been, or is suspected of having been, committed ; or
(b) any thing which there are reasonable grounds for believ¬ing will be evidence as to the commission of any such offence—

may issue a search warrant in respect of that thing.

(2) An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided in subpart 3 of Part 4 of that Act by a constable authorised under section 29, is satisfied that there are reasonable grounds for believing that there is in or on any place or thing—

(a) any thing upon or in respect of which any Tribunal offence has been, or is suspected of having been committed ; or
(b) any thing which there are reasonable grounds for believing will be evidence as to the commission of such an offence—

may issue a search warrant in respect of that thing.

(3) The provisions of subparts 1 to 5 and 7 to 10 of Part 4, and sections 161 and 162 of the Search and Surveillance Act 2012 apply.

(4) In subsection (1), relevant Tribunal offence means a Tribunal offence in respect of which a person has been arrested under a warrant issued under section 7.

49 Form and content of search warrant [Repealed]
Section 49: repealed, on 1 October 2012, by section 267(7) of the Search and Surveillance Act 2012 (2012 No 24).

50 Powers conferred by warrant [Repealed]
(a) Section 50: repealed, on 1 October 2012, by section 267(7) of the Search and Surveillance Act 2012 (2012 No 24).

50A Power to stop vehicles [Repealed]
Section 50A: repealed, on 1 October 2012, by section 267(7) of the Search and Surveillance Act 2012 (2012 No 24).


Execution of search warrants

51 Person executing warrant to produce evidence of authority
[Repealed]
Section 51: repealed, on 1 October 2012, by section 267(7) of the Search and Surveillance Act 2012 (2012 No 24).

52 Notice to owner or occupier of execution of warrant [Repealed]
Section 52: repealed, on 1 October 2012, by section 267(7) of the Search and Surveillance Act 2012 (2012 No 24).

53 Certificate to Tribunal of execution of warrant
Where—

(a) a warrant issued under section 48 is executed ; and
(b) any thing is seized pursuant to the warrant,—

the Attorney-General shall, where the Tribunal concerned requests, give to the Tribunal a certificate specifying the date and time of execution of the warrant, the identity of the person who executed the warrant, and the thing or things seized under the warrant.


Arrest

54 Power to enter premises to arrest person
(1) Subject to subsection (2), where

(a) a constable has, pursuant to a warrant issued under this Act or pursuant to section 16(2), power to arrest a person ; and
(b) the constable believes on reasonable grounds that the person is on any premises,—

the constable may enter the premises, using such force as is necessary and reasonable in the circumstances, at any time of the day or night for the purpose of arresting the person.

(2) If, in any case to which this section applies, the constable is not in uniform and any person in actual occupation of the premises requires the constable to produce evidence of his or her authority, the constable shall before entering on the premises produce his or her badge or other evidence that he or she is a constable.

55 Retention of things seized

(1) Where a constable seizes a thing pursuant to a warrant issued under this Act, that constable shall deliver it into the custody and control of the Commissioner of Police or a constable who is of or above the level of position of inspector designated by the Commissioner of Police to receive things seized under this Act.

(2) Subject to subsection (5), the Commissioner of Police or designated constable shall—

(a) inform the Attorney-General that the thing has been so delivered ; and
(b) retain the thing for a period not exceeding 1 month from the day on which the thing was seized pending the At-torney-General's direction under subsection (3) about how to deal with the thing ; and
(c) comply with any direction that the Attorney-General gives.

(3) The Attorney-General may, by written notice, give the Commissioner of Police or designated constable a direction as to how to deal with the thing seized.

(4) Without limiting the directions that may be given under subsection (3), the Attorney-General may require the Commissioner of Police or designated constable to send the thing seized to the Tribunal concerned.

(5) Subject to sections 154 and 155 of the Search and Surveillance Act 2012 (which apply with any necessary modifications), The Attorney-General shall direct the Commissioner of Police or designated constable to return the thing seized if—

(a) the reason for its seizure no longer exists ; or
(b) it is decided that the thing is not to be used in evidence by the Tribunal concerned—
unless the thing seized is the subject of a dispute as to who is entitled to it.

(6) Subject to sections 154 and 155 of the Search and Surveillance Act 2012 (which apply with any necessary modifications), If no direction is given by the Attorney-General before the expiry of the period referred to in subsection (2)(b), the Commissioner of Police or designated constable shall arrange for the thing to be returned to the person from whose possession it was seized as soon as practicable after that period has expired unless the thing seized is the subject of a dispute as to who is entitled to it.