Purpose—

3.
The purpose of this Act is—

(b)to enable New Zealand to co-operate with the International Criminal Court established by the Rome Statute in the performance of its functions

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Co-operation relating to offences against administration of justice

23.
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,—

(a)in the case of a request for surrender, in the manner provided in Parts 3 and 4, and those Parts apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules; and

(b)in the case of a request for enforcement of an order requiring reparation or the payment of a fine or a forfeiture order, in the manner provided in Parts 3 and 6, and those Parts apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules; and

(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

(d)in the case of a request for any other type of assistance, in the manner provided in Parts 3 and 5, and those Parts and, if applicable, Part 8, apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules.

(2)In addition to the grounds of refusal or postponement specified in Parts 4 and 5, a request for surrender or other assistance that relates to an offence involving the administration of justice may be refused if, in the opinion of the Minister of Justice or Attorney-General, as the case may be, there are exceptional circumstances that would make it unjust or oppressive to surrender the person or give the assistance requested.

Cf Statute, article 70(2)

PART 3 - GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

24.
Requests for assistance—

(2)Nothing in this section—

(a)limits the type of assistance that the ICC may request under the Statute or the Rules (whether in relation to the provision of information or otherwise):

(b)prevents the provision of assistance to the ICC otherwise than under this Act, including assistance of an informal nature.

PART 3 - GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

26.
Urgent requests—

(1)In urgent cases a request for assistance (including a request for provisional arrest) may be—

(a)made using any medium capable of delivering a written record:

(b)transmitted through the International Criminal Police Organisation or any other appropriate regional organisation, instead of through an authorised channel.


(2)If a request is made or transmitted in the first instance in the manner specified in subsection (1), it must be followed as soon as practicable by a formal request transmitted in the manner specified in section 25.