International Crimes and International Criminal Court Act 2000

  • not the latest version

Reprint as at 29 June 2009

International Crimes and International Criminal Court Act 2000

Public Act2000 No 26
Date of assent6 September 2000
Note

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

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

This Act is administered in the Ministry of Foreign Affairs and Trade and the Ministry of Justice.

Contents

1 Title

2 Commencement

3 Purpose

Part 1
Preliminary provisions

4 Interpretation

5 Act to bind the Crown

6 Statute to have force of law

7 Obligations imposed by Statute or Rules

Part 2
International crimes and offences against administration of justice

Jurisdiction to try international crimes

8 Jurisdiction in respect of international crimes

International crimes

9 Genocide

10 Crimes against humanity

11 War crimes

General principles of criminal law

12 General principles of criminal law

Consent to prosecutions for international crimes

13 Attorney-General's consent to prosecutions required

Jurisdiction to try offences against administration of justice

14 Jurisdiction in respect of offences against administration of justice

Offences against administration of justice

15 Corruption of Judge

16 Bribery of Judge, etc

17 Corruption and bribery of official of ICC

18 False evidence

19 Fabricating evidence before ICC

20 Conspiracy to defeat justice in ICC

21 Interference with witnesses or officials

Consent to prosecutions for offences against administration of justice

22 Attorney-General's consent to prosecutions required

Co-operation relating to offences against administration of justice

23 Co-operation relating to offences against administration of justice

Part 3
General provisions relating to requests for assistance

24 Requests for assistance

25 Requests to be made through authorised channel

26 Urgent requests

27 Execution of requests

28 Consultation

29 Confidentiality of request

30 Response to be sent to ICC

Official capacity of suspect or accused no bar to request

31 Official capacity of person no bar to request

Part 4
Arrest and surrender of person to ICC

Request from ICC for arrest and surrender

32 Request for arrest and surrender

Arrest where request for surrender received

33 Minister to request issue of arrest warrant

34 Issue of arrest warrant

35 Cancellation of warrant

Provisional arrest in urgent cases

36 Provisional arrest warrant may be issued

37 Notice to be given to Minister

38 Procedure where provisional arrest warrant issued

Remand and bail

39 Procedure following arrest

40 Procedure for bail

41 Powers of District Court

42 Detention in place other than prison

Eligibility for surrender

43 Determination of eligibility for surrender

44 Adjournment of hearing

45 Surrender by consent

46 Procedure following determination on eligibility or consent to surrender

Surrender and temporary surrender

47 Minister must determine whether person to be surrendered

48 Surrender order may take effect at later date

49 Temporary surrender to ICC

50 Decision on return to New Zealand after trial

51 Request for return to ICC after temporary surrender

52 New Zealand sentence continues to run

53 Form and execution of surrender order or temporary surrender order

54 Surrender to State of enforcement

Restrictions on surrender

55 Refusal of surrender

56 Postponement of execution of request for surrender

57 Previous proceedings against person sought

58 Ongoing New Zealand investigation or proceedings involving different conduct

59 Person being prosecuted in New Zealand for same conduct

60 Other challenges to admissibility

61 Request from ICC and other State relating to same conduct

62 Procedure where competing request from State Party

63 Procedure where competing request from non-State Party

64 Request from ICC and other State relating to different conduct

65 Notification of decision on extradition to requesting State

66 Conflict with obligations to another State

Appeals against determinations of eligibility for surrender

67 Appeal on question of law only by way of case stated

68 Application to appeal of certain provisions of Summary Proceedings Act 1957 and Bail Act 2000

69 Custody pending determination of appeal

70 Waiver of rights to apply for habeas corpus or to lodge appeal

71 Powers of court on appeal

72 Further provisions relating to powers of court on appeal

Discharge of person

73 Discharge of person if Minister declines to order surrender

74 Discharge of person if not surrendered within 2 months

75 Discharge of person if not resurrendered

76 Discharge of person under this Part does not preclude further proceedings

Miscellaneous provisions relating to arrest and surrender

77 Search and seizure on arrest

78 Disposal of property seized

79 Information about time spent in custody in New Zealand

80 Consent to trial of surrendered person for previous offences

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

Taking evidence and producing documents

82 Assistance in gathering evidence

83 Taking evidence

84 Producing documents or other articles

85 Protection of witnesses

86 ICC may give evidence certificate

87 Certain persons may appear

88 Powers of Judge may be exercised by Registrar

Questioning persons

89 Assistance in questioning persons

90 Procedure where questioning by New Zealand agency

Assistance in arranging service

91 Assistance in arranging service of documents

Facilitating appearance of witnesses

92 Request for voluntary appearance of witness

93 Consent required and assurances may be sought

94 Attorney-General may facilitate appearance

Temporary transfer of prisoners

95 Request for temporary transfer of prisoner

96 Consent required and assurances may be sought

97 Attorney-General may arrange for transfer

98 Effect of transfer on prisoner's sentence

99 Request for information about time spent in custody overseas

Examination of places or sites

100 Assistance in examining places or sites

Search and seizure

101 Request for search and seizure

102 Issue of search warrant

103 Form and content of search warrant

104 Powers conferred by warrant

105 Power to stop vehicles

106 Person executing warrant to produce evidence of authority

107 Notice of execution of warrant

108 Disposal of things seized

Provision of records and documents

109 Facilitating provision of records and documents

Protecting victims and witnesses and preserving evidence

110 Protecting victims and witnesses and preserving evidence

Identifying, freezing, or seizing property associated with international crimes

111 Request relating to property associated with crime

112 Attorney-General may authorise measures

Other types of assistance

113 Request for other types of assistance

Restrictions on provision of assistance

114 Refusal of assistance

115 Postponement of execution of assistance

116 Procedure if execution of assistance precluded under New Zealand law

117 Postponement where ongoing investigation or prosecution

118 Postponement where admissibility challenge

119 Competing requests

120 Requests involving conflict with other international obligations

Miscellaneous

121 Effect of authority to proceed

122 Request may relate to assistance sought by defence

123 Execution of request by Prosecutor

Part 6
Enforcement of penalties

Orders relating to victim reparation

124 Assistance with enforcement of orders for victim reparation

125 Enforcement of fines

Assistance with enforcement of forfeiture orders

126 Request for forfeiture of tainted property

127 Solicitor-General may apply for registration

128 Method of registration of order

129 Notice of registration of order

130 Effect of registration of order

131 Forfeiture order may be treated as pecuniary penalty order

132 Third parties may apply for relief

133 Court may grant relief to third party

134 Cancellation of registration of order

Transfer of money or property recovered under this Part

135 Money or property recovered to be transferred to ICC

Part 7
Persons in transit to ICC or serving sentences imposed by ICC

Person in transit

136 Transit by person being surrendered or transferred to ICC

137 Transferee to be held in custody

138 Minister must make removal order or issue certificate

Enforcement of sentences in New Zealand

139 New Zealand may act as State of enforcement

140 Request for sentence to be served in New Zealand

141 Prisoner to be held in custody

142 Order for detention to act as authority for detention

143 Parole Act 2002 does not apply in certain cases

144 Transfer of prisoner to ICC for review of sentence

145 Transfer of prisoner to ICC for other purposes

146 Transfer of prisoner to another State to complete sentence

147 Minister must make removal order or issue certificate

148 Special rules in certain cases

149 Extradition of escaped ICC prisoner

Certificates and removal orders

150 Certificate giving temporary authority to remain in New Zealand

151 Cancellation of certificate

152 Further provisions relating to certificate

153 Removal order

154 Delay in removal

155 Immigration permit not required

156 New Zealand citizens

Part 8
Protection of national security or third party information

National security

157 National security issues to be dealt with under article 72

158 Part 9 request involving national security

159 Information or evidence involving national security

160 Other situations involving national security

161 Consultation with ICC required

162 Procedure where no resolution

163 Attorney-General must take into account ICC's ability to refer matter to Security Council

Information provided by third party

164 Disclosure of information provided by third party

165 Request for New Zealand's consent to disclosure

Part 9
Investigations or sittings of ICC in New Zealand

166 Prosecutor may conduct investigations in New Zealand

167 ICC sittings in New Zealand

168 ICC's powers while sitting in New Zealand

169 ICC may administer oaths in New Zealand

170 Orders made by ICC not subject to review

171 Power to detain ICC prisoners in New Zealand prisons if ICC holds sitting in New Zealand

172 Removal of ICC prisoner

Part 10
Requests to ICC for assistance

173 Attorney-General or Minister may request assistance from ICC

174 Making of request

175 Types of requests to ICC

176 Mutual Assistance in Criminal Matters Act 1992 applies to requests

177 Extradition Act 1999 applies to requests for surrender

Part 11
Miscellaneous provisions and consequential amendments

Miscellaneous provisions

178 Certificates given by Attorney-General

179 Regulations

180 Regulations to implement Rules of Evidence and Procedure

Consequential amendments to Crimes Act 1961

181 Amendments to Crimes Act 1961

Consequential amendment to Criminal Justice Act 1985

182 Amendment to Criminal Justice Act 1985 [Repealed]

Consequential amendment to Diplomatic Privileges and Immunities Act 1968

183 Amendment to Diplomatic Privileges and Immunities Act 1968

10D Privileges and immunities of Judges, Prosecutor, and staff of International Criminal Court

Consequential amendment to Extradition Act 1999

184 Amendment to Extradition Act 1999

Consequential amendment to Geneva Conventions Act 1958

185 Amendment to Geneva Conventions Act 1958

Consequential amendment to Penal Institutions Act 1954

[Repealed]

186 Amendment to Penal Institutions Act 1954 [Repealed]

Consequential amendments to Proceeds of Crime Act 1991

187 Amendments to Proceeds of Crime Act 1991

Schedule

Reprint notes

The Parliament of New Zealand enacts as follows: