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

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—

(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.

PART 3 - GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

24.
Requests for assistance—

(1)This Part applies to a request by the ICC for assistance that is made under—

(a)Part 9 of the Statute, namely,—

(i)the provisional arrest, arrest, and surrender to the ICC of a person in relation to whom the ICC has issued an arrest warrant or given a judgment of conviction; or

PART 3 - GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

28.
Consultation—

(1)The Attorney-General or the Minister, as the case may be, must consult with the ICC, without delay, if—

(c)in the case of a request for surrender,—

(i)the person sought cannot be located in New Zealand; or

(ii)it appears that the person in New Zealand is clearly not the person named in the warrant or judgment, as the case may be; or

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Request from ICC for arrest and surrender

32.
Request for arrest and surrender—

(1)This Part applies to a request made by the ICC under article 89(1) of the Statute for the arrest and surrender from New Zealand of—

(a)a person in respect of whom the Pre-Trial Chamber has issued a warrant of arrest under article 58 or article 60 of the Statute for an international crime:

(b)a person who has been convicted by the ICC of an international crime.

(2)This Part applies to a request made under article 92 of the Statute for the provisional arrest of a person accused or convicted of an international crime.

(3)The following provisions of this Part apply subject to sections 55 to 66 (which deal with restrictions on surrender and the execution of a request for surrender):

(a)sections 33 to 35 (which deal with arrest where a request for surrender is received):

(b)sections 36 to 38 (which deal with provisional arrest in urgent cases):

(c)sections 39 to 42 (which deal with remand and bail):

(d)sections 43 to 46 (which deal with eligibility for surrender):

(e)sections 47 to 54 (which deal with surrender and temporary surrender).

Cf Statute, articles 58, 60(5), 91(2)-(4), 92(1)

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 2
Arrest and surrender of person to a Tribunal

Arrest of persons

6 Notice by Attorney-General
(1) Where—

(a) the Attorney-General receives from a Tribunal a request for the surrender of a person ; and
(b) the request is accompanied by an arrest warrant in relation to the person that was issued by the Tribunal, or by a copy of that warrant authenticated by the Tribunal,—

the Attorney-General shall, by notice in writing, directed to any Judge, state that the request has been received.

(2) Where any notice is sent to a Judge under subsection (1), a copy of—

(a) the arrest warrant referred to in subsection (1)(b) ; and
(b) the request made under section 4—

shall also be sent to the Judge.

7 Issue of warrants
(1) The Judge to whom a notice is sent under section 6 shall, without undue delay, issue a warrant in the prescribed form for the arrest of the person named in the notice if the Judge is of the opinion, having regard to the documents forwarded under section 6 and to any other evidence that is available to the Judge, that the person named in the warrant is or may be in or travelling to New Zealand.

(2) When the Judge has considered whether or not to issue a warrant in accordance with this section, the Judge shall send to the Attorney-General written notice of his or her decision.

8 Cancellation of warrant
(1) Where the Attorney-General is satisfied that there are special circumstances that make it unjust or otherwise inappropriate for a warrant issued under section 7 to continue in force, the Attorney-General shall, by notice in writing, order the cancel-lation of the warrant.

(2) Where the Attorney-General orders the cancellation of a war¬rant under subsection (1) the warrant shall cease to have effect and any person arrested under the warrant shall be released, unless the person is otherwise liable to be detained in custody.

9 Remand
(1) A person who is arrested under a warrant issued under section 7 shall, unless the warrant ceases to have effect under section 8, be brought before a Judge as soon as is practicable.

(2) Subject to subsection (3), the Judge shall remand the person in custody or on bail for such period or periods as may be necessary to enable the Attorney-General to make a surrender determination under section 12.

Where any person is remanded in custody or on bail under this section, the provisions of sections 167 to 169 of the Criminal Procedure Act 2011 and sections 28, 30 to 32, 34 and 35, and 37 to 39 of the Bail Act 2000 shall apply as if the person had been arrested for an offence punishable by imprisonment and with any other necessary modifications.

10 Release from remand at direction of Attorney-General
(1) Where a person has been remanded under section 9 and the Attorney-General is satisfied that there are special circumstances

(1) that make it unjust or otherwise inappropriate for the remand to continue, the Attorney-General shall, by notice in writing, order the release from custody of the person or the discharge of the conditions on which bail was granted to the person, as the case may be.

(2) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded in custody, a copy of the notice shall be sent to the prison manager of the prison in which the person is detained, and upon receipt of the notice the person in custody shall be released unless the person is otherwise liable to be detained in custody.

(3) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded on bail, a copy of the notice shall be sent to the Registrar of the court at which the person was released on bail.

11 Application for search warrant
Where—

(a) a person is arrested under a warrant issued under section 7 ; and
(b) a constable who is of or above the level of position of in-spector has reasonable
grounds for believing that there is in or on any place or thing any thing that is relevant to the Tribunal offence in respect of which the warrant was issued,—

the constable may apply to an issuing officer for the issue of a search warrant in accordance with section 48.


Surrender of persons

12 Surrender determination by Attorney-General
(1) Subject to subsection (2), the Attorney-General shall determine whether a person remanded under sections 6 to 11 is to be surrendered to the Tribunal.

(2) Unless the Attorney-General is satisfied that there are special circumstances that would make it unjust or otherwise inappropriate to surrender the person, the Attorney-General shall determine that the person is to be surrendered to the Tribunal.

(3) The determination shall be made as soon as is reasonably practicable, having regard to the circumstances, after the person is first remanded under section 9.

(4) Notwithstanding subsection (3), every determination required to be made under this section shall be made within 6 months of the date on which the person was first remanded under section 9.

13 Release from remand on refusal to surrender person
(1) Where the Attorney-General has determined not to surrender the person to the Tribunal, the Attorney-General shall, by no¬tice in writing, order, as the case may require,—

(a) the release of the person from custody ; or
(b) the discharge of the recognisances on which bail was granted to the person.

(2) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded in cus-tody, a copy of the notice shall be sent to the prison manager of the prison in which the person is detained, and upon receipt of the notice the person in custody shall be released unless the person is otherwise liable to be detained in custody.

(3) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded on bail, a copy of the notice shall be sent to the Registrar of the court at which the person was released on bail.

14 Surrender warrant
(1) Subject to section 15, where the Attorney-General determines that the person is to be surrendered to the Tribunal, the Attorney-General shall issue a warrant for the surrender of the person to the Tribunal.

(2) The surrender warrant shall be in writing in the prescribed form.

15 Persons imprisoned under New Zealand law
(1) The Attorney-General shall not issue a surrender warrant if

(a) the person is serving a sentence of imprisonment in re-spect of an offence against the law of New Zealand ; and

(b) the Tribunal has been required to give adequate under-takings to the Attorney-General relating to
(i) the person's return to New Zealand to serve the remainder of the sentence once the person is no longer required to be detained by, or on the order of, the Tribunal ; and
(ii) the person's custody while travelling, and while in other countries, for the Tribunal's purposes ; and

(c) the Attorney-General is not satisfied that the Tribunal has given adequate undertakings relating to those matters.

(2) For the purposes of this section, the person is not taken to be serving a sentence of imprisonment if he or she has been released on parole or licence, or has been otherwise conditionally released, for the remainder of the sentence.

16 Detention following surrender warrant
(1) Where the Attorney-General issues a surrender warrant under section 14, the person shall, if he or she is in custody, be brought as soon as is practicable before a Judge.

(2) Where the Attorney-General issues a surrender warrant under section 14 and the person has been remanded on bail, any constable may arrest that person without warrant, and the person shall be brought as soon as is practicable before a Judge.

(3) The Judge shall order the committal of the person to a prison to remain there until he or she is surrendered or released ac¬cording to law.

17 Content of surrender warrant
(1) A surrender warrant in relation to a person (in this section re-ferred to as the "eligible person") shall—

(a) require the person in whose custody the eligible person is being held to release the eligible person into the custody of a constable ; and

(b) authorise the constable to transport the eligible person in custody, and, if necessary or convenient, to detain the eligible person in custody, for the purpose of enabling the eligible person
(i) to be placed in the custody of a specified person who is an officer of the Tribunal or other person authorised by the Tribunal ; and
(ii) to be transported to a place specified by the Tribunal ; and

(c) authorise the specified person to transport the eligible person in custody to a place specified by the Tribunal for the purpose of surrendering the eligible person to a person appointed by the Tribunal to receive the person.

(2) A place referred to in subsection (1 )(b) or (c) may be a place in or outside New Zealand.

18 Release from remand
(1) This section applies to a person

(a) in relation to whom a surrender warrant has been issued ; and
(b) who is in custody in New Zealand under the warrant, or otherwise under this Act, more than 2 months after the day on which the warrant was first liable to be executed.

(2) Subject to subsection (3), the High Court shall order that a person to whom this section applies be released from that custody if—

(a) the person has made an application to the High Court to be released ; and
(b) reasonable notice of the intention to apply to the High Court was given by the person to the Attorney-General.

(3) The High Court shall not order that the person be released from custody if it is satisfied that the surrender warrant has not been executed within the period of 2 months, or since the person last made an application under subsection (2), as the case may be,—

(a) because to do so would have been dangerous to the per¬son's life or prejudicial to the person's health ; or
(b) for any other reasonable cause.

19 Effect of surrender on prisoner's sentence

(1) ubject to subsection (2), where a person who is serving a sentence in respect of an offence against the law of New Zealand is surrendered to a Tribunal under this Part, the person shall, while he or she is in the custody of, or on the order of, the Tribunal (including custody outside New Zealand), be eemed to be continuing to serve that sentence.

(2) If the person is convicted of a Tribunal offence, time spent by the person in custody serving a sentence of imprisonment imposed by the Tribunal for the Tribunal offence is not to be counted as time towards the sentence referred to in subsection (1).

20 Expiry of New Zealand sentences while under Tribunal detention
If—

(a) at the time a person was surrendered to a Tribunal under this Part, the person was serving a sentence of imprisonment in respect of an offence against the law of New Zealand ; and
(b) the sentence of imprisonment that the person was serving at that time expires while the person is being detained by, or on the order of, the Tribunal,—

the Attorney-General must without delay inform the Tribunal of the expiry, and, if the Tribunal was required to give undertakings in accordance with section 15(1)(b), that the undertakings are no longer required to be complied with.