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

Restrictions on provision of assistance

114.
Refusal of assistance—

(2)The Attorney-General may refuse a request by the ICC to which this Part applies if—

(a)Part 8 (which relates to the protection of national security or third party information) applies; or

PART 8 - PROTECTION OF NATIONAL SECURITY OR THIRD PARTY INFORMATION

National security

158.
Part 9 request involving national security—

(1)If a request for assistance made under Part 9 of the Statute appears to concern the production of any documents or disclosure of evidence that would, in the opinion of the Attorney-General, prejudice New Zealand's national security interests, that request must be dealt with in accordance with the process specified in sections 161 and 162.

(2)If, having followed the specified process the matter is not able to be resolved, the Attorney-General may refuse the request or decline to authorise the production of the documents or giving of the evidence, as the case may be.

Cf Statute, articles 72(1), 93(4), 99(5)

159.
Information or evidence involving national security—

(1)This section applies if a person who has been requested to give information or evidence—

(a)refuses to do so on the ground that disclosure would prejudice the national security interests of New Zealand; or

(b)refers the matter to the Attorney-General on the ground that disclosure would prejudice the national security interests of New Zealand.

(2)If this section applies, the Attorney-General must determine whether or not he or she is of the opinion that the giving of information or evidence would prejudice New Zealand's national security interests.

(3)If the Attorney-General confirms that he or she is of the opinion that disclosure would prejudice New Zealand's national security interests, the matter must be dealt with in accordance with the process specified in sections 161 and 162.

(4)If, having following the specified process, the matter has not been resolved, the Attorney-General may refuse the request or decline to authorise the provision of the information or giving of the evidence, as the case may be.

Cf Statute, articles 72(2), 93(4)

160.
Other situations involving national security—

(1)If, in any circumstances other than those specified in sections 158 and 159, the Attorney-General is of the opinion that the disclosure of information or documents to the ICC would prejudice New Zealand's national security interests, the matter must be dealt with in accordance with the process specified in sections 161 and 162.

(2)Without limiting subsection (1), this section applies if the Attorney-General learns that information or documents are being, or are likely to be, disclosed at any stage of the proceedings, and intervenes in accordance with article 72(4) of the Statute.

(3)If, having followed the specified process, the matter has not been resolved and the ICC has not made an order for disclosure under article 72(7)(b)(i) of the Statute, the Attorney-General may refuse the request or decline to authorise the provision of the information or giving of the evidence, as the case may be.

Cf Statute, articles 72(4) and 72(7)(b)(i), 93(4)

PART 8 - PROTECTION OF NATIONAL SECURITY OR THIRD PARTY INFORMATION

National security

162.
Procedure where no resolution—

(1)If, after consultation, the Attorney-General considers that there are no means or conditions under which the information or documents or evidence could be provided or disclosed or given without prejudice to New Zealand's national security interests, the Attorney-General must notify the ICC, in accordance with article 72(6) of the Statute, of the specific reasons for his or her decision, unless a specific description of the reasons would result itself in prejudice to New Zealand's national security interests.