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

Other types of assistance

113.
Request for other types of assistance—

(1)This section applies if the ICC requests any other type of assistance under article 93(1)(l) of the Statute for the purposes of facilitating the investigation and prosecution of crimes within the jurisdiction of the ICC.

(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 assistance sought is not prohibited by New Zealand law.

(3)If the Attorney-General gives authority for the request to proceed,—

(a)the Attorney-General must—

(i)take such steps as the Attorney-General thinks appropriate in the particular case; and

(ii)forward the request to the appropriate New Zealand agency; and

(b)that agency must, without delay,—

(i)use its best endeavours to give effect to the request; and

(ii)make such report on its endeavours as it considers to be appropriate in the circumstances; and

(iii)deliver the report to the Attorney-General.

(4)If the Attorney-General considers that the assistance sought cannot lawfully be provided, the Attorney-General must, before refusing the request, and in accordance with article 93(5) of the Statute,—

(a)consult with the ICC:

(b)consider whether the assistance can be provided subject to conditions or whether it can be provided at a later date or in an alternative manner.

Cf 1995 No 27 s 56; Statute, article 93(1)(l), (2), and (5)

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

Miscellaneous

122.
Request may relate to assistance sought by defence—

To avoid doubt, if the ICC makes a request under Part 9 of the Statute to assist a defendant in the preparation of his or her defence, that request must be dealt with in the same manner as a request for assistance of a similar type, to assist the Prosecutor.

Cf Statute, article 57(3)(b)