International War Crimes Tribunals Act 1995 No 27 (as at 29 November 2010), Public Act

Reprint as at 29 November 2010

International War Crimes Tribunals Act 1995

Public Act1995 No 27
Date of assent9 June 1995
Commencement9 June 1995

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice.


Contents

Title

1 Short Title

2 Interpretation

3 Act to bind the Crown

Part 1
Request by a Tribunal for assistance

4 Tribunal may request assistance

5 Form of requests

Part 2
Arrest and surrender of person to a Tribunal

Arrest of persons

6 Notice by Attorney-General

7 Issue of warrants

8 Cancellation of warrant

9 Remand

10 Release from remand at direction of Attorney-General

11 Application for search warrant

Surrender of persons

12 Surrender determination by Attorney-General

13 Release from remand on refusal to surrender person

14 Surrender warrant

15 Persons imprisoned under New Zealand law

16 Detention following surrender warrant

17 Content of surrender warrant

18 Release from remand

19 Effect of surrender on prisoner's sentence

20 Expiry of New Zealand sentences while under Tribunal detention

Part 3
Other forms of assistance to a Tribunal

Taking evidence, etc

21 Attorney-General may authorise taking of evidence

22 Taking of evidence

23 Producing documents or other articles

24 Legal representation

25 Form of certificate

26 Compellability of persons to attend

27 Tribunal immunity certificates

28 Powers of Judge may be exercised by Registrar

Search and seizure

29 Attorney-General may authorise application for search warrant

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

30 Person other than offender giving evidence or assisting

31 Offender giving evidence or assisting

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

33 Undertakings relating to persons giving evidence or assisting

Custody of persons in transit

34 Transit

Assistance in serving documents

35 Service of process

Part 4
Sittings of a Tribunal in New Zealand

36 Tribunal sittings in New Zealand

37 Tribunal's powers while sitting in New Zealand

38 Tribunal may administer oaths in New Zealand

39 Orders made by Tribunal not subject to review

40 Contempt of Tribunal

Part 5
Forfeiture of proceeds of Tribunal offences

41 Requests for enforcement of forfeiture orders

42 Registration of order

43 Effect of registration of order

44 Registered forfeiture orders

45 Third parties may apply for relief

46 Court may grant relief to third party

47 Cancellation of registration of forfeiture order

Part 6
Search, seizure, and powers of arrest

Search warrants

48 Issue of search warrants

49 Form and content of search warrant

50 Powers conferred by warrant

50A Power to stop vehicles

Execution of search warrants

51 Person executing warrant to produce evidence of authority

52 Notice to owner or occupier of execution of warrant

53 Certificate to Tribunal of execution of warrant

Arrest

54 Power to enter premises to arrest person

General

55 Retention of things seized

Part 7
Miscellaneous

56 Act not to limit other provision of assistance

57 Attorney-General may decline to comply with request in certain cases

58 Certificates given by Attorney-General

59 Notification of response to Tribunal request

60 Regulations

61 Additional tribunals to be added by Order in Council

62 Amendment to Diplomatic Privileges and Immunities Act 1968

Schedule

Reprint notes


An Act to provide for New Zealand to assist—

  • (a) the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991; and

  • (b) the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994; and

  • (c) other ad hoc tribunals that may be established by the Security Council of the United Nations under chapter VII of the Charter of the United Nations for the prosecution of violations of international humanitarian law—

in the performance of their functions