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

Assistance in arranging service

91.
Assistance in arranging service of documents—

(1)This section applies if the ICC requests assistance under any of articles 19(8), 56, 58(7), 64, or 93(1)(d) of the Statute in arranging for the service of a document in New Zealand.

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

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

(b)the person or body to be served is or may be in New Zealand.

(3)If the Attorney-General gives authority for the request to proceed, the Attorney-General must forward the request for service to the appropriate New Zealand agency, and that agency must, without delay,—

(a)use its best endeavours to have the process served—

(i)in accordance with any procedure specified in the request; or

(ii)if that procedure would be unlawful or inappropriate in New Zealand, or if no procedure is specified, in accordance with the law of New Zealand; and

(b)transmit to the Attorney-General—

(i)a certificate as to service, if the document is served; or

(ii)a statement of the reasons that prevented service, if the document is not served.

(4)In this section, ``document'' includes—

(a)a summons requiring a person to appear as a witness; and

(b)a summons to an accused that has been issued under article 58(7) of the Statute.

Cf 1995 No 27 s 35; Statute, articles 19(8), 56, 58(7), 59(7), 64, 93(1)(d)