New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 29 November 2010
| Public Act | 2000 No 26 |
| Date of assent | 6 September 2000 |
| Commencement | see section 2 |
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 Foreign Affairs and Trade and the Ministry of Justice.
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
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
17 Corruption and bribery of official of ICC
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
25 Requests to be made through authorised channel
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
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
42 Detention in place other than prison
43 Determination of eligibility for surrender
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
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
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
72 Further provisions relating to powers of court on appeal
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
84 Producing documents or other articles
86 ICC may give evidence certificate
88 Powers of Judge may be exercised by Registrar
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
101 Request for search and seizure
103 Form and content of search warrant
104 Powers conferred by warrant
106 Person executing warrant to produce evidence of authority
107 Notice of execution of warrant
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
113 Request for other types of assistance
Restrictions on provision 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
120 Requests involving conflict with other international obligations
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
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 profit forfeiture 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
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
155 Immigration visa not required
Part 8
Protection of national security or third party information
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
Part 10
Requests to ICC for assistance
173 Attorney-General or Minister may request assistance from 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
178 Certificates given by Attorney-General
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
[Repealed]
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
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
