PART 3 - GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

27.
Execution of requests—

(1)If the ICC makes a request for assistance, the request must be dealt with in accordance with the relevant procedure under the law of New Zealand (as provided in this Act).

(2)If the request for assistance specifies that it should be executed in a particular manner that is not prohibited by New Zealand law or by using a particular procedure that is not prohibited by New Zealand law, the Attorney-General or the Minister, as the case may be, must use his or her best endeavours to ensure that the request is executed in that manner or using that procedure, as the case may be.

Cf Statute, articles 88, 99(1)

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

Identifying or locating persons or things

81.
Assistance in locating or identifying persons or things—

(1)This section applies if the ICC requests assistance under any of articles 19(8), 56, 64, or 93(1)(a) of the Statute in locating, or identifying and locating, a person or a thing believed to be 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 to whom or thing to which the request relates is or may be in New Zealand.

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

(a)the Attorney-General must forward the request to the appropriate New Zealand agency; and

(b)that agency must, without delay,—

(i)use its best endeavours to locate or, as the case may be, identify and locate the person to whom or thing to which the request relates; and

(ii)advise the Attorney-General of the outcome of those endeavours.
(4)This section does not give any person a power to enter property in order to locate a person or item.

Cf Statute, articles 19(8), 56, 64, 93(1)(a)


Taking evidence and producing documents

82.
Assistance in gathering evidence—

(1)This section applies if the ICC requests, under any of articles 19(8), 56, 64, or 93(1)(b) of the Statute, that—

(a)evidence be taken in New Zealand; or

(b)documents or other articles in New Zealand be produced.

(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 to a proceeding before the ICC; and

(b)there are reasonable grounds for believing that the evidence can be taken or, as the case may be, the documents or other articles can be produced in New Zealand.

Cf 1995 No 27 s 21; Statute, articles 19(8), 56, 64, 93(1)(b)

83.
Taking evidence—

(1)If the Attorney-General gives authority for a request relating to the taking of evidence to proceed, the statement of each witness must be taken in writing on the oath or affirmation of that witness by a District Court Judge.

(2)The Judge who takes evidence under subsection (1), must—

(a)certify that the evidence was taken by the Judge; and

(b)ensure that the evidence, as certified, is sent to the Attorney-General.

Cf 1995 No 27 s 22

84.
Producing documents or other articles—

(1)If the Attorney-General gives authority for a request relating to the production of documents or other articles to proceed, a District Court Judge may make an order requiring their production.

(2)If the documents or other articles are produced, the Judge must send them to the Attorney-General together with a written statement certifying that they were produced to the Judge.

(3)Despite subsection (2), in the case of documents that are produced, the Judge may send to the Attorney-General copies of the documents certified by the Judge to be true copies instead of the originals.

(4)Subsections (2) and (3) apply subject to any contrary order by the Judge.

Cf 1995 No 27 s 23

85.
Protection of witnesses—

(1)The applicable law with respect to compelling a person to appear before Judge under section 83 or section 84 and to give evidence or answer questions, or to produce documents or other articles, is the law specified in subsection (2); and that law applies with any necessary modifications.

(2)For the purposes of subsection (1), the applicable law is the law of New Zealand that applies to the giving of evidence or the answering of questions or the production of documents or other articles on the hearing of a charge against a person for an offence against the law of New Zealand.

(3)Despite subsection (1), for the purposes of section 83 and section 84, the person to whom the investigation being conducted by the Prosecutor, or the proceeding before the ICC, relates is competent but not compellable to give evidence.

(4)Despite subsection (1), a person who is required under section 83 or section 84 to give evidence, or to produce documents or other articles, is not required to give any evidence, or to produce any document or article, that the person could not be compelled to give or produce in the investigation being conducted by the Prosecutor or the proceeding before the ICC.

(5)A person who is required under section 83 or section 84 to give evidence or to produce documents or other articles—

(a)has the same privileges in relation to the answering of questions and the production of documents or articles as if the investigation were being conducted in New Zealand or the proceeding were pending in a New Zealand court, as the case may be; and

(b)must be given a copy of any statement required to be given to a witness under the Rules in the manner and form required by the Rules.

(6)Subsections (4) and (5) apply subject to section 31 and any contrary provision in the Statute or the Rules.

Cf 1995 No 27 s 26

86.
ICC may give evidence certificate—

(1)In this section, ``evidence certificate'' means a certificate or declaration that—

(a)is given or made by or on behalf of the ICC; and

(b)specifies or declares whether, under the Statute or the Rules, a specified person or class of persons could or could not be required to answer a specified question or to produce a specified document—

(i)generally; or

(ii)in specified proceedings; or

(iii)in specified circumstances.

(2)An evidence certificate authenticated under subsection (3) is admissible in proceedings for the purposes of the application of section 85(4) as prima facie evidence of the matters stated in the certificate.

(3)A certificate is authenticated for the purposes of subsection (2) if it purports to be—

(a)signed or certified by a Judge, the Registrar, the Deputy Registrar, or a member of the staff of the ICC; or

(b)authenticated in any other manner authorised by the Statute or the Rules.

Cf 1995 No 27 s 27

87.
Certain persons may appear—

(1)The following persons may appear and be legally represented at a hearing held under section 83 or section 84:

(a)the person to whom the proceeding before the ICC or the investigation conducted by the Prosecutor relates:

(b)any other person giving evidence or producing documents or other articles at the hearing:

(c)a representative of the Prosecutor or ICC.

(2)Subsection (1) applies subject to any contrary provision of the Statute or the Rules.

(3)A certificate by a Judge under section 83(2) or section 84(2) must state whether any of the persons specified in subsection (1) were present when the evidence was taken or the documents or other articles were produced.

Cf 1992 No 86 s 34

88.
Powers of Judge may be exercised by Registrar—

(1)Any Judge may authorise a Registrar of the District Court to exercise the powers of a Judge under section 83 or section 84 in respect of any particular case.

(2)An authorisation given under subsection (1) may be revoked at any time by any Judge.

(3)If a matter in respect of which a Registrar has jurisdiction under an authorisation given under subsection (1) appears to the Registrar to be one of special difficulty, the Registrar may refer the matter to a Judge, who may—

(a)dispose of the matter; or

(b)refer it back to the Registrar with such directions as the Judge thinks fit.

(4)Nothing in this section prevents the exercise by any Judge of any jurisdiction or powers conferred on any Registrar under this section.

Cf 1995 No 27 s 28


Questioning persons

89.
Assistance in questioning persons—

(1)This section applies if the ICC requests assistance under any of articles 19(8), 56, 64, or 93(1)(c) of the Statute in questioning a person who is being investigated or prosecuted.

(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 is or may be in New Zealand.

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

(a)the Attorney-General must forward the request to the appropriate New Zealand agency; and

(b)that agency must, without delay,—

(i)use its best endeavours to undertake the questioning that the ICC has requested; and

(ii)ensure that the answers to the questions put are recorded in writing and make any other report on the questioning as it considers to be appropriate in the circumstances; and

(iii)advise the Attorney-General of the outcome of those endeavours and, if relevant, deliver the record and any report of the questioning to the Attorney-General.

Cf Statute; articles 19(8), 56, 64, 93(1)(c)

90.
Procedure where questioning by New Zealand agency—

(1)This section applies if there are grounds to believe that a person who is to be questioned by a New Zealand agency following a request under article 91(1)(c) of the Statute has committed a crime within the jurisdiction of the ICC.

(2)If this section applies, the person to be questioned must be informed, before being questioned, that there are grounds to believe that the person has committed a crime within the jurisdiction of the ICC and that the person has the right—

(a)to remain silent, without such silence being a consideration in the determination of guilt or innocence; and

(b)to have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to the person, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and

(c)to be questioned in the presence of a lawyer unless the person voluntarily waives the right to counsel.

(3)If there is any inconsistency between subsection (2) and any other enactment, subsection (2) prevails.

(4)If the person seeks to have legal assistance assigned under subsection (2)(b), that assistance may be provided under the Legal Services Act 1991.

(5)This section does not give any person a power to require another person to answer questions.

Cf Statute, article 55(2)


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)


Facilitating appearance of witnesses

92.
Request for voluntary appearance of witness—

(1)This section applies if the ICC requests assistance under any of articles 19(8), 56, 64, or 93(1)(e) of the Statute in facilitating the voluntary appearance of a witness before 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 witness's attendance is sought so that the witness can give evidence or information relating to the investigation or proceeding; and

(c)the witness is or may be in New Zealand.

(3)In this section and sections 93 and 94, ``witness'' includes a person who may give expert evidence; but does not include either—

(a)a person who has been accused of an international crime in the proceedings to which the request relates; or

(b)a prisoner who is detained in relation to an offence against New Zealand law.

Cf 1995 No 27 s 30(1); Statute, articles 19(8), 56, 64, 93(1)(e)

93.
Consent required and assurances may be sought—

(1)If the Attorney-General gives authority for the request to facilitate the voluntary appearance of a witness to proceed, the Attorney-General must forward the request to the appropriate New Zealand agency.

(2)The New Zealand agency to which a request is forwarded under subsection (1) must make such inquiries as may be necessary to ascertain if the prospective witness consents to giving evidence or assisting the ICC.

(3)The Attorney-General may, at any time, ask the ICC to give 1 or more of the following assurances:

(a)that the witness will not be prosecuted, detained, or subjected to any restriction of personal freedom by the ICC in respect of all or any specified acts or omissions that occurred before the person's departure from New Zealand:

(b)that the witness will be returned to New Zealand as soon as practicable in accordance with arrangements agreed to by the Attorney-General:

(c)an assurance relating to such other matters as the Attorney-General thinks appropriate.

Cf Statute, article 93(2)

94.
Attorney-General may facilitate appearance—

(1)The Attorney-General may assist in the making of arrangements to facilitate a witness's attendance before the ICC if the Attorney-General is satisfied that—

(a)the prospective witness has consented to giving the evidence or assistance requested; and

(b)the ICC has given adequate assurances where appropriate.

(2)The Attorney-General may—

(a)approve and arrange the travel of the witness to the ICC; and

(b)obtain such approvals, authorities, and permissions as are required for that purpose, including, in the case of a person who although not liable to be detained in a prison is subject to a sentence,—

(i)the variation, discharge, or suspension of the conditions of the person's release from prison; or

(ii)the variation, cancellation, or suspension of the person's sentence, or of the conditions of the person's sentence; and

(c)take such other action for the purposes of subsection (1) as the Attorney-General thinks appropriate.

Cf 1995 No 27 ss 30(2), 31(3)


Temporary transfer of prisoners

95.
Request for temporary transfer of prisoner—

(1)This section applies if the ICC requests assistance under article 93(1)(f) of the Statute in facilitating the temporary transfer to the ICC of a New Zealand prisoner.

(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 prisoner's attendance is sought for the purposes of identification or for obtaining evidence or other assistance.

Cf Statute, articles 93(1)(f) and (7)

96.
Consent required and assurances may be sought—

(1)If the Attorney-General gives authority for the request to facilitate the temporary transfer of a New Zealand prisoner to proceed, the Attorney-General must forward the request to the appropriate New Zealand agency.

(2)The New Zealand agency to which a request is forwarded under subsection (1) must make such inquiries as may be necessary to ascertain if the prisoner will consent to the transfer.

(3)The Attorney-General may ask the ICC to give 1 or more of the following assurances:

(a)that the prisoner will not be released from custody without the prior approval of the Attorney-General:

(b)that the prisoner will be returned to New Zealand without delay in accordance with arrangements agreed to by the Attorney-General:

(c)an assurance relating to such other matters as the Attorney-General thinks appropriate.

97.
Attorney-General may arrange for transfer—

(1)The Attorney-General may authorise the temporary transfer of a New Zealand prisoner to the ICC if the Attorney-General is satisfied that—

(a)the prisoner has consented to giving the evidence or assistance requested; and

(b)the ICC has given adequate assurances where appropriate.

(2)If the Attorney-General authorises the temporary transfer of the prisoner to the ICC, the Attorney-General may—

(a)direct that the prisoner be released from the prison in which that person is detained, for the purpose of the transfer to the ICC; and

(b)make arrangements for the prisoner to travel to the ICC in the custody of—

(i)a member of the police; or

(ii)a prison officer; or

(iii)a person authorised for the purpose by the ICC.

(3)A direction given by the Attorney-General under subsection (2) in respect of a prisoner is sufficient authority for the release of the prisoner from the prison in which the prisoner is detained, for the purposes of the direction.

(4)Every person released under a direction given under subsection (2) is to be treated, for the purposes of section 120 of the Crimes Act 1961 (which relates to escaping from lawful custody) and for that purpose only, as continuing to be in the legal custody of the Superintendent of the penal institution from which he or she is so released, while in New Zealand during the period of that release.

(5)If there is any inconsistency between subsection (4) and the Penal Institutions Act 1954, subsection (4) prevails.

Cf 1995 No 27 s 31

98.
Effect of transfer on prisoner's sentence—

(1)If a prisoner who is charged with or convicted of an offence against the law of New Zealand is transferred to the ICC under section 97, the provisions of section 99 of this Act and [section 90 of the Parole Act 2002] apply to any period that the person spends in custody outside New Zealand in connection with the request before sentence is imposed for the New Zealand offence.





(2)If a prisoner who is serving a sentence for a New Zealand offence is transferred to the ICC under section 97,—

(a)the prisoner is to be treated, while in custody outside New Zealand in connection with the request, as being in custody for the purposes of the New Zealand sentence, which continues to run; and

(b)the Attorney-General—

(i)may at any time notify the ICC that the prisoner is no longer required to be kept in custody; and

(ii)must notify the ICC if the prisoner is no longer liable to be detained in a New Zealand prison.

Cf 1995 No 27 s 32

99.
Request for information about time spent in custody overseas—

(1)If a prisoner who is charged with or convicted of an offence against the law of New Zealand (the ``New Zealand offence'') is transferred to the ICC under section 97 before sentence is imposed for the New Zealand offence, the Attorney-General may—

(a)advise the ICC of the date on which the prisoner was sentenced for the New Zealand offence; and

(b)request the ICC to provide a certificate recording the total period during which the prisoner was detained outside New Zealand in connection with the request until sentence was imposed for the New Zealand offence.

(2)A certificate obtained under subsection (1) is presumed to be accurate in the absence of any evidence to the contrary.

(3)The Attorney-General may issue a certificate setting out the date and period specified in subsection (1) if—

(a)the ICC does not provide a certificate within a reasonable time after the Attorney-General makes a request under subsection (1); and

(b)the Attorney-General is satisfied from the information that the Attorney-General has that an accurate calculation can be made of the period referred to in paragraph (b) of subsection (1).

(4)For the purposes of [section 91(4) of the Parole Act 2002], a certificate given by the Attorney-General under subsection (3) has the same effect as a certificate under subsection (1).

(5)Subsection (6) applies if, after the Attorney-General has given a certificate under subsection (3),—

(a)a certificate requested under subsection (1) is obtained from the ICC; and

(b)the time period specified in that certificate is different from that specified in the Attorney-General's certificate.

[(6)If this subsection applies, the new certificate is a substitute certificate for the purposes of section 91(4) of the Parole Act 2002.]


Examination of places or sites

100.
Assistance in examining places or sites—

(1)This section applies if the ICC requests assistance under any of articles 19(8), 56, 64, or 93(1)(g) of the Statute in examining places or sites in New Zealand.

(2)The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC.

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

(a)the Attorney-General must forward the request to the appropriate New Zealand agency; and

(b)that agency must, without delay,—

(i)use its best endeavours to undertake the examination of the place or site in the manner that the ICC has requested; and

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

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

(4)This section does not give any person a power to enter a place or site.

Cf Statute, articles 19(8), 56, 64, 93(1)(g)


Search and seizure

101.
Request for search and seizure—

(1)This section applies if the ICC makes a request under any of articles 19(8), 56, 64, or 93(1)(h) of the Statute for search and seizure.

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

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

(b)any thing relevant to the investigation or proceedings is or may be located in New Zealand.

(3)If the Attorney-General gives authority for the request to proceed, he or she may authorise a member of the police, in writing, to apply to a District Court Judge for a search warrant under section 102.

Cf 1992 No 86 s 43; Statute, articles 19(8), 56, 64, 93(1)(h)

102.
Issue of search warrant—

(1)This section applies if a District Court Judge, on an application in writing made on oath or affirmation by a member of the police, is satisfied that there are reasonable grounds for believing that there is in or on any place or thing—

(a)any thing on or in respect of which an international crime has been, or is suspected of having been, committed; or

(b)any thing that may be evidence as to the commission of any such crime.

(2)If this section applies, the District Court Judge may issue a warrant in respect of any thing referred to in subsection (1).

(3)A Judge must not issue a warrant under this section unless the application contains, or the applicant otherwise supplies to the Judge, such information as the Judge requires concerning the grounds on which the warrant is sought.

(4)A Judge may issue a warrant under this section subject to such conditions as the Judge thinks fit.

Cf 1995 No 27 s 48

103.
Form and content of search warrant—

A warrant issued under section 102 must—

(a)be in the prescribed form; and

(b)be directed to a member of the police by name, or to any class of members of the police specified in the warrant, or generally to every member of the police; and

(c)specify any conditions that the District Court Judge has imposed under section 102(4).

Cf 1999 No 55 s 84

104.
Powers conferred by warrant—

(1)Subject to any conditions specified in the warrant under section 103, a warrant issued under section 102 authorises the member of the police executing the warrant—

(a)to enter and search the place or thing specified in the warrant at any time by day or night during the currency of the warrant; and

(b)to use such assistants as may be reasonable in the circumstances for the purpose of the entry and search; and

(c)to use such force as is reasonable in the circumstances for the purposes of effecting entry, and for breaking open any thing in or on the place searched; and

(d)to search for and seize any thing referred to in section 102(1).

(2)A person called on to assist any member of the police executing a warrant issued under section 102 has the powers described in paragraphs (c) and (d) of subsection (1).

Cf 1999 No 55 s 85

105.
Power to stop vehicles—

If it is necessary for a member of the police to stop a vehicle for the purpose of exercising a search power conferred by a warrant issued under section 102 of this Act, sections 314B to 314D of the Crimes Act 1961 apply with any necessary modifications as if references in those sections to a statutory search power were references to section 104(1) of this Act.

Cf 1999 No 55 s 86

106.
Person executing warrant to produce evidence of authority—

Every member of the police executing any warrant issued under section 102—

(a)must have that warrant with him or her; and

(b)must produce it on initial entry and, if requested, at any subsequent time; and

(c)must, if requested at the time of the execution of the warrant or at any subsequent time, provide a copy of the warrant within 7 days after the request is made.

Cf 1999 No 55 s 87

107.
Notice of execution of warrant—

(1)Every member of the police who executes a warrant issued under section 102 must, not later than 7 days after the seizure of any thing under that warrant, give to the owner or occupier of the place or thing searched, and to every other person whom the member of the police has reason to believe may have an interest in the thing seized, a written notice specifying—

(a)the date and time of the execution of the warrant; and

(b)the identity of the person who executed the warrant; and

(c)the thing seized under the warrant.

(2)If the warrant is executed, a report on the execution of the warrant, together with a copy of any notice given under subsection (1) must be sent to the Attorney-General, without delay.

(3)If the warrant is not able to be executed, a report explaining the reasons for this must be sent to the Attorney-General, without delay.

Cf 1999 No 55 s 88

108.
Disposal of things seized—

(1)If a member of the police seizes a thing under a warrant issued under section 102, it must be delivered into the custody and control of—

(a)the Commissioner of Police; or

(b)a commissioned officer of police designated by the Commissioner to receive things seized under this Act.

(2)The Commissioner of Police or designated officer must—

(a)inform the Attorney-General, without delay, that the thing has been so delivered; and

(b)retain the thing for a period not exceeding 3 months from the day on which the thing was seized, pending the Attorney-General's direction under subsection (3) about how to deal with the thing; and

(c)comply with any direction that the Attorney-General gives.

(3)The Attorney-General may, by written notice, give the Commissioner of Police or designated officer a direction—

(a)requiring the Commissioner of Police or designated officer to send the thing to the ICC; or

(b)requiring the Commissioner of Police or designated officer to deal with the thing in some other way.

(4)The Attorney-General must direct the Commissioner of Police or designated officer to return the thing seized to the person from whose possession it was seized as soon as practicable, if—

(a)the ICC advises that the thing is not required for the Prosecutor's investigation or its proceeding; or

(b)no other direction is given by the Attorney-General before the expiry of 3 months from the day on which the thing was seized.

(5)Despite subsection (4), the Attorney-General may refuse to return the thing to the person from whom it was seized if—

(a)the thing is the subject of a dispute as to who is entitled to it; or

(b)the thing is required for the investigation of an offence within the jurisdiction of New Zealand; or

(c)possession of the thing by the person would be unlawful in New Zealand.

Cf 1995 No 27 s 55; 1999 No 55 s 89(3)


Provision of records and documents

109.
Facilitating provision of records and documents—

(1)This section applies if the ICC makes a request under article 93(1)(i) of the Statute for the provision of records and documents, including official records and documents.

(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 document or record sought is or may be in New Zealand.

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

(a)the Attorney-General must forward the request to the appropriate New Zealand agency; and

(b)that agency must, without delay,—

(i)use its best endeavours to locate and make available the document or record sought; and

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

(iii)deliver the document or record, if located, to the Attorney-General.

(4)This section does not give any person power to require the production of a document or record.

Cf 1992 No 86 s 32(2); Statute, article 93(1)(i)


Protecting victims and witnesses and preserving evidence

110.
Protecting victims and witnesses and preserving evidence—

(1)This section applies if the ICC requests—

(a)assistance under article 93(1)(j) of the Statute in protecting victims and witnesses or preserving evidence:

(b)assistance under article 19(8), or paragraphs (2) or (3) of article 56, in preserving evidence.

(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.

Cf Statute, articles 19(8), 56(2) and (3), 68, 93(1)(j)


Identifying, freezing, or seizing property associated with international crimes

111.
Request relating to property associated with crime—

(1)This section applies if the ICC requests assistance under article 93(1)(k) of the Statute in identifying, tracing and freezing, or seizing tainted property for the purpose of eventual forfeiture.

(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 international crime that is being investigated by the Prosecutor, or which is the subject of proceedings before the ICC; and

(b)tainted property is or may be located in New Zealand.

Cf Statute, articles 57(3)(e), 93(1)(k)

112.
Attorney-General may authorise measures—

(1)If the Attorney-General gives authority for the request for assistance in identifying, tracing and freezing, or seizing tainted property to proceed, the Attorney-General may authorise the appropriate New Zealand authority to apply for 1 or more of the following orders or warrants:

(a)a search warrant in respect of tainted property under section 38A of the Proceeds of Crime Act 1991:

(b)a restraining order under section 66A of the Proceeds of Crime Act 1991:

(c)a production order under section 76A of the Proceeds of Crime Act 1991:

(d)a monitoring order under section 81A of the Proceeds of Crime Act 1991.

(2)If the ICC's request relates to the freezing of tainted property, and the ICC has made an order in the nature of a restraining order, the Attorney-General may authorise the appropriate authority to register that order, and section 130 applies accordingly, with the necessary modifications.

Cf 1992 No 86 ss 59-62


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)


Restrictions on provision of assistance

114.
Refusal of assistance—

(1)The Attorney-General must refuse a request by the ICC for assistance to which this Part applies if—

(a)the ICC does not accept the conditions or other modifications suggested in order to implement the request as contemplated by article 93(5) of the Statute and section 113(4); or

(b)the ICC determines under article 18 or article 19 of the Statute that the case to which the request relates is inadmissible and section 118(4) applies; or

(c)section 120(4) applies.

(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

(b)there are competing requests from the ICC and a State that is not a party to the Statute relating to the same conduct and section 63(4) (as applied by section 119) applies; or

(c)there are competing requests from the ICC and a State that is not a party to the Statute relating to different conduct and section 64(3) (as applied by section 119) applies.

(3)To avoid doubt,—

(a)the only grounds on which assistance to the ICC may be refused are those specified in this section and, if applicable, section 23(2) (which relates to offences involving the administration of justice); and

(b)the restrictions on assistance specified in the Mutual Assistance in Criminal Matters Act 1992 do not apply in relation to a request by the ICC for assistance to which this Part applies.

115.
Postponement of execution of assistance—

(1)The Attorney-General may postpone the execution of a request for assistance under this Part if, and only if,—

(a)the execution of the request would interfere with an ongoing investigation or prosecution for a different offence and section 117 applies; or

(b)a ruling on admissibility is pending before the ICC and section 118 applies; or

(c)there are competing requests from the ICC and from another State to which New Zealand is under an international obligation and section 119(2)(a) applies; or

(d)the request is for assistance under article 93(1)(l) of the Statute and is one to which section 113(4) applies; or

(e)a request of the kind referred to in section 120(2)(c) is made to the ICC.

(2)Even if a case is one to which subsection (1) applies, the Attorney-General may decide not to postpone the execution of the request, and in that event the request must be dealt with in accordance with this Part.

(3)If the Attorney-General postpones the execution of a request for assistance under this Part, the postponement may be for a reasonable time and may, if the Attorney-General considers it desirable, be extended from time to time.

Cf Statute, articles 93(9), 94, 95

116.
Procedure if execution of assistance precluded under New Zealand law—

If the execution of a particular measure of assistance specified in a request to which this Part applies is prohibited in New Zealand, despite any other provision in this Part, the Attorney-General must—

(a)consider whether the assistance can be provided in another manner or subject to conditions; and

(b)promptly consult with the ICC in order to resolve the matter.

Cf Statute, article 93(3)

117.
Postponement where ongoing investigation or prosecution—

(1)If the immediate execution of a request by the ICC for assistance to which this Part applies would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the Attorney-General may postpone the execution of the request for a period of time agreed between the Attorney-General and the ICC.

(2)Despite section 115(3), the period of postponement may be no longer than is reasonably necessary to complete the investigation or prosecution.

(3)Before making a decision to postpone the execution of a request, the Attorney-General must consider whether the assistance could be provided immediately subject to certain conditions.

(4)If the Attorney-General decides to postpone the execution of a request and the ICC seeks assistance in the preservation of evidence under article 93(1)(j) of the Statute, the Attorney-General must deal with that request in accordance with this Part.
Cf Statute, article 94

118.
Postponement where admissibility challenge—

(1)This section applies if the ICC is considering an admissibility challenge under article 18 or article 19 of the Statute in respect of a case that a request to which this Part applies relates.

(2)If the ICC has not made an order under article 18 or article 19 of the Statute allowing the Prosecutor to collect evidence to which the request relates, the Attorney-General may postpone the execution of the request until the ICC's determination on admissibility is issued.

(3)If the ICC has made an order under article 18 or article 19 of the Statute allowing the Prosecutor to collect evidence to which the request relates, the Attorney-General may not postpone the execution of a request under this section but must deal with it under this Part.

(4)If the ICC determines that the case to which the request relates is inadmissible, the request must be refused.

(5)If the ICC determines that the case to which the request relates is admissible, and there is no other ground for refusing or postponing the request, the request must continue to be dealt with under this Part.

Cf Statute, article 95

119.
Competing requests—

(1)If the Attorney-General receives competing requests for assistance from the ICC and from another State to which New Zealand is under an obligation to respond, the Attorney-General must endeavour, after consultation with the ICC and the other State, to satisfy both requests.

(2)For the purposes of subsection (1), the Attorney-General may do either or both of the following:

(a)postpone the execution of either of the competing requests:

(b)attach conditions to the provision of assistance under either or both of the requests.

(3)If it is not possible to resolve the issue by consultation, the method of dealing with the competing requests must be resolved in accordance with article 90 of the Statute, and sections 61 to 65 apply with any necessary modifications.

Cf Statute, articles 90, 93(9)(a)

120.
Requests involving conflict with other international obligations—

(1)If a request by the ICC for assistance to which this Part applies concerns persons who, or information or property that, are subject to the control of another State or an international organisation under an international agreement, the Attorney-General must inform the ICC to enable it to direct its request to the other State or international organisation.

(2)Subsections (3) to (5) apply if—

(a)the ICC makes a request for assistance; and

(b)the ICC has not previously made a final determination on whether or not article 98(1) of the Statute applies to that request; and

(c)a request is made to the ICC to determine whether or not article 98(1) applies to the request for surrender.

(3)If this subsection applies, the Minister may postpone the request for assistance until the ICC advises whether or not it wishes to proceed with the request for assistance.

(4)If the ICC advises that it does not intend to proceed with the request, the request for assistance must be refused.

(5)If the ICC advises that it intends to proceed with the request for assistance, and there is no other ground for refusing or postponing the request, the request must continue to be dealt with under this Part.

Cf Statute, article 98(1)


Miscellaneous

121.
Effect of authority to proceed—

At any time before a formal response is sent to the ICC, the Attorney-General may decide that a request by the ICC for assistance to which this Part applies will be refused or the execution of the request postponed, on a ground specified in section 114 or section 115, even if the Attorney-General has previously given authority for the request to proceed.

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)

123.
Execution of request by Prosecutor—

(1)The Prosecutor may execute a request that does not involve any compulsory measures on New Zealand territory in the circumstances specified in article 99(4) of the Statute.

(2)If the Attorney-General identifies difficulties with the execution of a request to which article 99(4)(b) of the Statute relates, the Attorney-General must, without delay, consult with the ICC in order to resolve the matter.

(3)The provisions of this Act and the Statute, allowing a person heard or examined by the ICC under article 72 of the Statute to invoke restrictions designed to prevent disclosure of confidential information connected with national security, apply to the execution of requests for assistance under article 99 of the Statute.

Cf Statute, article 99(4) and (5)

Part 3
Other forms of assistance to a Tribunal

Taking evidence, etc

21 Attorney-General may authorise taking of evidence

(1) This section applies where a Tribunal makes a request to the Attorney-General

(a) for evidence to be taken in New Zealand ; or
(b) for documents or other articles in New Zealand to be produced—

for the purposes of a proceeding before, or an investigation conducted by, the Tribunal.

(2) Subject to section 57, where the Attorney-General is satisfied—

(a) that the request relates to a Tribunal offence ; and
(b) that there are reasonable grounds for believing that the evidence can be taken or, as the case may be, the documents or other articles can be produced in New Zealand,—

the Attorney-General may authorise, in writing, assistance in accordance with section 22 and section 23.

22 Taking of evidence

(1) Where the Attorney-General authorises the taking of evidence under section 21, the evidence shall be taken on oath from each witness by a Judge.

(2) The Judge who takes evidence in accordance with subsection (1), shall—

(a) cause the evidence to be put in writing ; and
(b) certify that the evidence was taken by the Judge ; and
(c) cause the writing so certified to be sent to the Attorney-General.

23 Producing documents or other articles

(1) Where the Attorney-General authorises the production of documents or other articles, that production shall be required by the order of a Judge.

(2) Subject to subsection (3), if the documents or other articles are produced, the Judge shall send them to the Attorney-General together with a written statement certifying that they were pro-duced to the Judge.

(3) In the case of documents, the Judge may send to the Attorney-General copies of the documents certified by the Judge to be true copies.

24 Legal representation

The Judge conducting a proceeding under section 22 or section 23, or both, may permit—

(a) the person to whom the proceeding before, or investi¬gation conducted by, the Tribunal relates ; and
(b) any other person giving evidence or producing docu-ments or other articles at the proceeding before the Judge ; and
(c) the Tribunal—

to have legal representation at the proceeding before the Judge.

25 Form of certificate

A certificate by a Judge under section 22(2) or section 23(2)shall state whether, when the evidence was taken or the documents or other articles were produced, any of the following persons were present :

(a) the person to whom the proceeding before, or the in-vestigation conducted by, the Tribunal relates, or that person's legal representative (if any) :
(b) any other person giving evidence or producing documents or other articles, or that person's legal representative (if any).

26 Compellability of persons to attend

(1) Subject to subsections (2) and (3), the law of New Zealand with respect to compelling persons—

(a) to attend before a Judge ; and
(b) to give evidence, answer questions, and produce documents or other articles—
on the hearing of a charge against a person for an offence against the law of New Zealand shall apply, with necessary modifications, with respect to compelling persons for the purposes of sections 22 and 23.

(2) For the purposes of sections 22 and 23, the person to whom the proceeding before, or the investigation conducted by, the Tribunal relates, is competent but not compellable to give evidence.

(3) No person who is required, pursuant to section 22 or section 23, to give evidence, or to produce documents or other articles for the purposes of a proceeding before, or investigation conducted by, a Tribunal shall be required to give any evidence, or to produce any document or article, that the person could not be compelled to give or produce in the proceedings before, or investigation conducted by, the Tribunal.

(4) A person who is required, pursuant to section 22 or section 23, to give evidence or produce documents or other articles for the purposes of a proceeding before, or investigation conducted by, the Tribunal shall have the same privileges in relation to the answering of questions and the production of documents or articles as if the proceedings were pending in a New Zealand court or the investigation were being conducted in New Zealand, as the case may be.

27 Tribunal immunity certificates

(1) In this section, Tribunal immunity certificate means a cer-tificate or declaration that—

(a) is given or made by a Tribunal under the Statute of the Tribunal or under the rules adopted under the Statute of the Tribunal ; and

(b) specifies or declares that, under the Statute of the Tribunal or under the rules adopted under the Statute of the Tribunal, persons generally or a specified person could or could not
(i)either generally or in specified proceedings ; and
(ii) either generally or in specified circumstances —

be required to answer a specified question or to produce a specified document.

(2) A Tribunal immunity certificate, duly authenticated in accord¬ance with subsection (3), is admissible in proceedings for the purposes of the application of section 26(3) as prima facie evidence of the matters stated in the certificate.

(3) A certificate is duly authenticated for the purposes of subsection (2) if it purports to be signed or certified by a Judge, Registrar, or officer of the Tribunal.

28 Powers of Judge may be exercised by Registrar

(1) Any Judge may authorise a Registrar of the High Court to exercise the powers of a Judge under section 22 or section 23 in respect of any particular case.

(2) Any authorisation given under subsection (1) may be revoked at any time by any Judge.

(3) Where any matter in respect of which a Registrar has jurisdiction under any authorisation given under subsection (1) appears to the Registrar to be one of special difficulty, he or she may refer the matter to a Judge, who may dispose of the mat¬ter or may refer it back to the Registrar with such directions as the Judge thinks fit.

(4) Nothing in this section shall prevent the exercise, by any Judge, of any jurisdiction or powers conferred on any Registrar under this section.

Search and seizure

29 Attorney-General may authorise application for search warrant Subject to section 57, where—

(a) a Tribunal makes a request to the Attorney-General to assist in obtaining by search and seizure any thing that is relevant to a Tribunal offence ; and
(b) the Attorney-General is satisfied that there are reasonable grounds for believing that the thing is located in New Zealand,—

the Attorney-General may, in writing, authorise a constable to apply to an issuing officer for the issue of a search warrant in accordance with section 48, and that constable may apply for the warrant accordingly.

Giving evidence at hearings, or assisting in investigations, in foreign countries

30 Person other than offender giving evidence or assisting

(1) This section applies where—

(a) a Tribunal makes a request to the Attorney-General for the attendance of a person
(i) at a hearing in a foreign country in connection with a proceeding before the Tribunal ; or
(ii) in a foreign country to assist an investigation being conducted by the Tribunal ; and

(b) the person is in New Zealand and is not a person described in section 31(1 )(b).

(2) Where, on receipt of a request to which this section applies, the Attorney-General is satisfied—

(a) that the proceeding or investigation relates to a Tribunal offence ; and
(b) that there are reasonable grounds to believe that the person can give evidence relevant to the proceeding or as¬sist the investigation ; and
(c) that the person has freely consented to giving evidence or assisting in the foreign country ; and
(d) that the Tribunal has given, to the extent, if any, required by the Attorney-General, an adequate undertaking in respect of the matters specified in section 33,—

the Attorney-General may, subject to section 57, authorise, in writing, assistance to the Tribunal in accordance with this section and may assist in the making of arrangements to facilitate that attendance.

31 Offender giving evidence or assisting

(1) This section applies where—

(a) a Tribunal has made a request to the Attorney-General for the attendance of a person
(i) at a hearing in a foreign country in connection with a proceeding before the Tribunal ; or
(ii) in a foreign country to assist an investigation be¬ing conducted by the Tribunal ; and

(b) the person is in New Zealand and is —
(i) a prisoner ; or
(ii) on parole, home detention, or compassionate release, or is subject to release conditions, under Part 1 of the Parole Act 2002 ; or
(iii) subject to a sentence of home detention imposed under section 80A of the Sentencing Act 2002 ; or
(iv) at large pursuant to section 62 of the Corrections Act 2004 ; or
(v) subject to a community-based sentence (within the meaning of section 4(1) of the Sentencing Act 2002).

(2) Where, on receipt of a request to which subsection (1) applies, the Attorney-General is satisfied—

(a) that the proceeding or investigation relates to a Tribunal offence ; and
(b) that there are reasonable grounds to believe that the person can give evidence relevant to the proceeding or assist the investigation ; and
(c) that the person has freely consented to giving evidence or assisting in the foreign country ; and
(d) that the Tribunal has given, to the extent, if any, required by the Attorney-General, adequate undertakings in respect of the matters referred to in section 33,—

the Attorney-General may, subject to section 57, authorise the travel of the person to a foreign country in accordance with this section.

(3) Where travel by a person to a foreign country is authorised in accordance with subsection (2), the Attorney-General may,—

(a) in the case of a person who is a prisoner, direct that the prisoner be released from the prison in which that per-son is detained for the purpose of travelling to the foreign country to give evidence at the hearing, and may make arrangements for the prisoner to travel to the for-eign country in the custody of a constable or a prison officer:
(b) in the case of any other person to which this section applies, approve and arrange the travel of the person to the foreign country to give evidence at the hearing, and may obtain such approvals, authorities, and permissions as are required for the purpose, including the variation, discharge, or suspension of the conditions of the person's release, or the variation, cancellation, or suspension of the person's sentence, or of the conditions of the person's sentence.

(4) A direction given, pursuant to subsection (3)(a), by the Attorney-General in respect of a prisoner shall be sufficient authority for the release of the prisoner from the prison in which he or she is detained for the purposes of the direction.

(5) Every person released under a direction given pursuant to sub-section (3)(a) shall, while that person is in New Zealand dur¬ing the period of that release, be deemed, for the purposes of section 120 of the Crimes Act 1961 (which relates to escaping from lawful custody) and for that purpose only, to continue to be in legal custody for the time being under the Corrections Act 2004.

32 Effect of removal to foreign country on prisoner's sentence

Where a prisoner who is serving a sentence for an offence against the law of New Zealand is released from a New Zealand prison pursuant to a request by a Tribunal under section 31, the prisoner shall, while in custody in connection with the request (including custody outside New Zealand), be deemed to be continuing to serve that sentence.

33 Undertakings relating to persons giving evidence or assisting

(1) Where a Tribunal makes a request to the Attorney-General for the attendance of a person to whom section 31 applies or a person to whom section 30 applies to give evidence or assist, the Attorney-General shall seek from the Tribunal an undertaking—

(a) that the person will only be required to give evidence or assistance in relation to the Tribunal offence specified in the request ; and
(b) that any evidence given by the person will not be used in any proceeding other than the proceeding to which the Tribunal offence relates ; and
(c) that the person will be returned to New Zealand as soon as practicable in accordance with arrangements agreed to by the Attorney-General.

(2) In a case where the request relates to a person who is a pris-oner, and the Attorney-General requests the Tribunal to make arrangements for the keeping of the prisoner in custody while the prisoner is in the foreign country, the Tribunal shall also give, to the extent, if any, required by the Attorney-General, the following undertakings :

(a) that appropriate arrangements will be made for that purpose:
(b) that the prisoner will not be released from custody in the foreign country without the prior approval of the Attorney-General:
(c) that if the prisoner is released in accordance with paragraph (b), the prisoner's accommodation and expenses will be paid for by the Tribunal until the Tribunal decides that the person is no longer required to give evidence in the proceeding, or to assist the investigation, to which the request relates.

Custody of persons in transit

34 Transit

(1) Where a person is to be transported in custody from a foreign country through New Zealand to another foreign country for the purpose of—

(a) giving evidence in a proceeding before a Tribunal ; or
(b) giving assistance in relation to an investigation being conducted by a Tribunal ; or
(c) being surrendered to a Tribunal,—

that person may be transported through New Zealand in the custody of another person.

(2) Where an aircraft or ship by which the person is being trans-ported lands or calls at a place in New Zealand, the person must be kept in such custody as the Attorney-General may direct in writing until the person's transportation is continued.

(3) Where—

(a) a person is being held in custody pursuant to a direction under subsection (2) ; and
(b) the person's transportation is not, in the Attorney-General's opinion, continued within a reasonable time,

— the Attorney-General may direct that the person be transported in custody to the foreign country from which the person was first transported, and such a direction shall be sufficient authority for that person's removal from New Zealand by such means as the Attorney-General directs.

(4) For the purposes of enabling the grant of a limited visa under the Immigration Act 2009 to any person whom it is proposed to transport through New Zealand pursuant to this section, the Attorney-General may issue a certificate, in writing, that the person is to be transported through New Zealand pursuant to this section.

(5) The Attorney-General may, at any time by notice in writing, cancel any certificate issued under subsection (4) in respect of any person who is in New Zealand for the purposes of being transported through New Zealand pursuant to this section if the Attorney-General is satisfied that that person's presence in New Zealand is no longer necessary for that purpose.


Assistance in serving documents

35 Service of process

(1) Subject to section 57, where—

(a) a Tribunal requests the Attorney-General to arrange for service in New Zealand of a process relating to a proceeding before, or an investigation conducted by, the Tribunal in respect of a Tribunal offence ; and

(b) the Attorney-General is satisfied
(i) hat the request relates to a Tribunal offence ; and
(ii) that there are reasonable grounds for believing that the person to be served is located in New Zealand,—
the Attorney-General may authorise service of the process.

(2) Where service is authorised under subsection (1), the Attorney-General shall direct the appropriate authority to arrange service, and in such a case the authority shall—

(a) use its best endeavours to have the process served
(i) in accordance with procedures proposed in the request ; or
(ii) if those procedures would be unlawful or in-appropriate in New Zealand, or if no procedures are so proposed, in accordance with the law of New Zealand ; and

(b) if the document
(i) is served, transmit to the Attorney-General for transmission to the Tribunal a certificate as to service ; or
(ii) is not served, transmit to the Attorney-General for transmission to the Tribunal a statement of the reasons that prevented the service.

Part 6
Search, seizure, and powers of arrest

Search warrants

48 Issue of search warrants

(1) Any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided in subpart 3 of Part 4 of that Act by a constable who is of or above the level of position of inspector under section 11, is satisfied that there are reasonable grounds for believing that there is in or on any place or thing—

(a) any thing upon or in respect of which a relevant Tri-bunal offence has been, or is suspected of having been, committed ; or
(b) any thing which there are reasonable grounds for believ¬ing will be evidence as to the commission of any such offence—

may issue a search warrant in respect of that thing.

(2) An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided in subpart 3 of Part 4 of that Act by a constable authorised under section 29, is satisfied that there are reasonable grounds for believing that there is in or on any place or thing—

(a) any thing upon or in respect of which any Tribunal offence has been, or is suspected of having been committed ; or
(b) any thing which there are reasonable grounds for believing will be evidence as to the commission of such an offence—

may issue a search warrant in respect of that thing.

(3) The provisions of subparts 1 to 5 and 7 to 10 of Part 4, and sections 161 and 162 of the Search and Surveillance Act 2012 apply.

(4) In subsection (1), relevant Tribunal offence means a Tribunal offence in respect of which a person has been arrested under a warrant issued under section 7.

49 Form and content of search warrant [Repealed]
Section 49: repealed, on 1 October 2012, by section 267(7) of the Search and Surveillance Act 2012 (2012 No 24).

50 Powers conferred by warrant [Repealed]
(a) Section 50: repealed, on 1 October 2012, by section 267(7) of the Search and Surveillance Act 2012 (2012 No 24).

50A Power to stop vehicles [Repealed]
Section 50A: repealed, on 1 October 2012, by section 267(7) of the Search and Surveillance Act 2012 (2012 No 24).


Execution of search warrants

51 Person executing warrant to produce evidence of authority
[Repealed]
Section 51: repealed, on 1 October 2012, by section 267(7) of the Search and Surveillance Act 2012 (2012 No 24).

52 Notice to owner or occupier of execution of warrant [Repealed]
Section 52: repealed, on 1 October 2012, by section 267(7) of the Search and Surveillance Act 2012 (2012 No 24).

53 Certificate to Tribunal of execution of warrant
Where—

(a) a warrant issued under section 48 is executed ; and
(b) any thing is seized pursuant to the warrant,—

the Attorney-General shall, where the Tribunal concerned requests, give to the Tribunal a certificate specifying the date and time of execution of the warrant, the identity of the person who executed the warrant, and the thing or things seized under the warrant.


Arrest

54 Power to enter premises to arrest person
(1) Subject to subsection (2), where

(a) a constable has, pursuant to a warrant issued under this Act or pursuant to section 16(2), power to arrest a person ; and
(b) the constable believes on reasonable grounds that the person is on any premises,—

the constable may enter the premises, using such force as is necessary and reasonable in the circumstances, at any time of the day or night for the purpose of arresting the person.

(2) If, in any case to which this section applies, the constable is not in uniform and any person in actual occupation of the premises requires the constable to produce evidence of his or her authority, the constable shall before entering on the premises produce his or her badge or other evidence that he or she is a constable.

55 Retention of things seized

(1) Where a constable seizes a thing pursuant to a warrant issued under this Act, that constable shall deliver it into the custody and control of the Commissioner of Police or a constable who is of or above the level of position of inspector designated by the Commissioner of Police to receive things seized under this Act.

(2) Subject to subsection (5), the Commissioner of Police or designated constable shall—

(a) inform the Attorney-General that the thing has been so delivered ; and
(b) retain the thing for a period not exceeding 1 month from the day on which the thing was seized pending the At-torney-General's direction under subsection (3) about how to deal with the thing ; and
(c) comply with any direction that the Attorney-General gives.

(3) The Attorney-General may, by written notice, give the Commissioner of Police or designated constable a direction as to how to deal with the thing seized.

(4) Without limiting the directions that may be given under subsection (3), the Attorney-General may require the Commissioner of Police or designated constable to send the thing seized to the Tribunal concerned.

(5) Subject to sections 154 and 155 of the Search and Surveillance Act 2012 (which apply with any necessary modifications), The Attorney-General shall direct the Commissioner of Police or designated constable to return the thing seized if—

(a) the reason for its seizure no longer exists ; or
(b) it is decided that the thing is not to be used in evidence by the Tribunal concerned—
unless the thing seized is the subject of a dispute as to who is entitled to it.

(6) Subject to sections 154 and 155 of the Search and Surveillance Act 2012 (which apply with any necessary modifications), If no direction is given by the Attorney-General before the expiry of the period referred to in subsection (2)(b), the Commissioner of Police or designated constable shall arrange for the thing to be returned to the person from whose possession it was seized as soon as practicable after that period has expired unless the thing seized is the subject of a dispute as to who is entitled to it.