International Crimes and International Criminal Court Act 2000

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Part 2
International crimes and offences against administration of justice

Jurisdiction to try international crimes

8 Jurisdiction in respect of international crimes
  • (1) Proceedings may be brought for an offence—

    • (a) against section 9 or section 10, if the act constituting the offence charged is alleged to have occurred—

      • (i) on or after the commencement of this section; or

      • (ii) on or after the applicable date but before the commencement of this section; and would have been an offence under the law of New Zealand in force at the time the act occurred, had it occurred in New Zealand; and

    • (b) against section 11, if the act constituting the offence charged is alleged to have occurred on or after the commencement of this section; and

    • (c) against section 9 or section 10 or section 11 regardless of—

      • (i) the nationality or citizenship of the person accused; or

      • (ii) whether or not any act forming part of the offence occurred in New Zealand; or

      • (iii) whether or not the person accused was in New Zealand at the time that the act constituting the offence occurred or at the time a decision was made to charge the person with an offence.

    (2) Subsection (3) applies if a person to whom subsection (1)(a)(ii) applies is convicted of an offence against section 9 or section 10.

    (3) If this subsection applies, the maximum term of imprisonment or the maximum fine that may be imposed on the offender is either—

    • (a) the maximum term or the maximum fine that could have been imposed under the laws of New Zealand at the time of the offence, if that maximum has subsequently been increased; or

    • (b) the maximum term or the maximum fine that can be imposed on the day on which sentence is to be passed, if that maximum is less than that prescribed at the time of the offence.

    (4) In subsection (1)(a)(ii), applicable date means,—

    • (a) in relation to an offence against section 9, 28 March 1979:

    • (b) in relation to an offence against section 10, 1 January 1991.