PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Miscellaneous provisions relating to arrest and surrender

77.
Search and seizure on arrest—

(1)If a person is arrested on a warrant issued under this Part, a con¬stable may search, without further warrant, the person arrested and may seize any thing, including any sum of money, found on the person or in the person’s possession if the constable be¬lieves on reasonable grounds that the thing on the person or in the person’s possession may be evidence as to the commission of any offence in relation to which the warrant to arrest was issued or for which the surrender of the person is sought by the ICC .

(2)If there is no suitable searcher available at the place where the search is to take place, the person to be searched may be taken to another place to be searched.

(3) Nothing in this section limits or affects the right at common law of a constable to search a person on that person’s arrest or any power under section 11 of the Search and Surveillance Act 2012.

(4) If any thing is seized under subsection (1) from the person arrested,—
(a) the constable must make a report to the Minister specifying the items seized and any other relevant information:
(b) the Minister must, on receipt of the report referred to in paragraph (a), provide the ICC with a report on the seizure


Cf 1999 No 55 s 82

78.
Disposal of property seized—

(1)If the Minister makes a surrender order or temporary surrender order under this Act, the Minister may also direct that any thing that was seized under section 77 that may be evidence of the offence the person is alleged to have committed or has committed be delivered with the person on the person's surrender to the ICC.

(2)If the person cannot be surrendered or temporarily surrendered by reason of the person's death or escape from custody, the Minister may direct that any thing that was seized under section 77 that may be evidence of the offence the person is alleged to have committed or has committed be delivered up to the ICC.

(3)If a person is discharged under this Act without being surrendered or temporarily surrendered, the Minister may direct that any thing seized under section 77 be returned to the person from whom it was seized.

(4)The Minister may refuse to direct that any thing referred to in subsection (1) or subsection (2) be delivered to the ICC if the thing is required for the investigation of an offence within the jurisdiction of New Zealand.

(5)The Minister may refuse to direct that any thing referred to in subsection (3) be returned to the person 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 1999 No 55 s 89

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Miscellaneous provisions relating to arrest and surrender

77.
Search and seizure on arrest—

(1)If a person is arrested on a warrant issued under this Part, a member of the police may search, without further warrant, the person arrested and may seize any thing, including any sum of money, found on the person or in the person's possession if the member of the police believes on reasonable grounds that the thing on the person or in the person's possession may be evidence as to the commission of any offence in relation to which the warrant to arrest was issued or for which the surrender of the person is sought by the ICC.

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

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 pro-ceed, he or she may authorise a constable, 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 an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012), on an application made in the manner provided in subpart 3 of Part 4 of that Act by a constable, 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, com-mitted; or
(b) any thing that may be evidence as to the commission of any such crime.

(2) The provisions of subparts 1 to 5 and 7, 9, and 10 of Part 4, and sections 161 and 162 of the Search and Surveillance Act 2012 apply.

(3) [Repealed]

(4) [Repealed]

Cf 1995 No 27 s 48

103 Form and content of search warrant
[Repealed]

Section 103: repealed, on 1 October 2012, by section 266(5) of the Search and Surveillance Act 2012 (2012 No 24).

104 Powers conferred by warrant
[Repealed]

Section 104: repealed, on 1 October 2012, by section 266(5) of the Search and Surveillance Act 2012 (2012 No 24).

105 Power to stop vehicles
[Repealed]


106 Person executing warrant to produce evidence of authority
[Repealed]

107 Report to Attorney-General on execution of warrant
(1) [Repealed]
(2) If a warrant issued under section 102 is executed, a report on the execution of the warrant, together with a copy of any notice given under section 133 of the Search and Surveillance Act 2012 must be sent to the Attorney-General, without delay.
(3) If a warrant issued under section 102 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 constable seizes a thing under a warrant issued under sec-tion 102, it must be delivered into the custody and control of—
(a) the Commissioner of Police; or
(b) a constable who is of or above the level of position of inspector designated by the Commissioner to receive things seized under this Act.
(2) The Commissioner of Police or designated constable 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 Com-missioner of Police or designated constable a direction—
(a) requiring the Commissioner of Police or designated constable to send the thing to the ICC; or
(b) requiring the Commissioner of Police or designated constable to deal with the thing in some other way.
(4) Subject to section 155 of the Search and Surveillance Act 2012 (which applies with any necessary modifications), the Attor-ney-General must direct the Commissioner of Police or desig¬nated constable 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 be-fore the expiry of 3 months from the day on which the thing was seized.
(5) Despite subsection (4), but subject to section 154 of the Search
and Surveillance Act 2012 (which applies with any necessary modifications), 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)

Part 1
Request by a Tribunal for assistance

4 Tribunal may request assistance

(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 3
Other forms of assistance to a Tribunal

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.

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.