PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Surrender and temporary surrender

47.
Minister must determine whether person to be surrendered—

(2)The Minister must make a surrender order in respect of the person unless—

(c)the Minister postpones the execution of a request for surrender in accordance with section 56; or

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on surrender

58.
Ongoing New Zealand investigation or proceedings involving different conduct—

(2)If this section applies, the Minister may, after consultation with the ICC,—

(b)postpone the execution of the request until the New Zealand investigation or proceedings have been finally disposed of.

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on surrender

59.
Person being prosecuted in New Zealand for same conduct—

(1)This section applies if—

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

(b)the request relates to conduct that would constitute an offence under New Zealand law; and

(c)either—

(i)the conduct is being investigated or prosecuted in New Zealand; or

(ii)the conduct had been investigated in New Zealand and a decision was made not to prosecute the person sought, that decision not being due to the unwillingness or genuine inability to prosecute; and

(d)a challenge to the admissibility of the case is being or has been made to the ICC under article 19(2)(b) of the Statute.

(2)If this section applies, the Minister may postpone the execution of the request for surrender until the ICC has made its determination on admissibility.

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on surrender

59.
Person being prosecuted in New Zealand for same conduct—

(1)This section applies if—

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

(b)the request relates to conduct that would constitute an offence under New Zealand law; and

(c)either—

(i)the conduct is being investigated or prosecuted in New Zealand; or

(ii)the conduct had been investigated in New Zealand and a decision was made not to prosecute the person sought, that decision not being due to the unwillingness or genuine inability to prosecute; and

(d)a challenge to the admissibility of the case is being or has been made to the ICC under article 19(2)(b) of the Statute.

(2)If this section applies, the Minister may postpone the execution of the request for surrender until the ICC has made its determination on admissibility.

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

Restrictions on provision of assistance

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

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

Restrictions on provision of assistance

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