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.

Part 1
Request by a Tribunal for assistance

4 Tribunal may request assistance

(1) Where a Tribunal needs the assistance of New Zealand in order to —

(a) perform its functions in respect of an investigation or prosecution it is conducting or proposing to conduct ; or
(b) give effect to an order issued by the Tribunal,— the Tribunal may make a request for assistance.

(2) Any request under subsection (1) shall be made to the Attor¬ney-General or a person authorised by the Attorney-General.

(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 7
Miscellaneous

61 Additional tribunals to be added by Order in Council

The Governor-General may from time to time, by Order in Council, declare a tribunal that has been established by the Security Council of the United Nations under chapter VII of the Charter of the United Nations to be a tribunal for the purposes of this Act, and, for that purpose, may also, by the same Order in Council, add a new Part to the Schedule setting out the statute of that tribunal.

(2) The Governor-General may from time to time, by Order in Council, declare that a tribunal has ceased to be a tribunal for the purposes of this Act and, for that purpose, may also, by the same Order in Council, omit the Part of the Schedule that sets out the statute of that tribunal.

(3) An Order in Council made under this section is deemed to be a regulation for the purposes of the Regulations (Disallowance) Act 1989.