Agreement between the Government of New Zealand and the Government of the United Kingdom of Great Britain and Northern Ireland concerning Trials under Pitcairn Law in New Zealand and Related Matters
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|2||Purpose and Scope of the Agreement|| ||55|
|3||The Pitcairn Court|| ||55|
|4||Juridical Personality of the Pitcairn Court|| ||56|
|5||Inviolability of the premises of the Pitcairn Court|| ||56|
|6||Law and Authority on the Premises of the Pitcairn Court|| ||57|
|7||Protection of the Premises of the Pitcairn Court|| ||57|
|8||Immunity of the Pitcairn Court|| ||57|
|9||Inviolability of Archives and Documents of the Pitcairn Court and Pitcairn Prosecutor|| ||58|
|10||Exemption from Taxes and Duties|| ||58|
|12||Essential Services for the Premises of the Pitcairn Court|| ||59|
|13||Emblem, Markings, and Flag|| ||59|
|15||Defence Counsel|| ||60|
|16||The Accused|| ||60|
|17||Remand in Custody or on Bail|| ||62|
|18||Enforcement of Sentences|| ||62|
|19||Application of Article 18|| ||65|
|21||Co-operation with the Competent Authorities|| ||67|
|23||Entry into and Exit from the Host Country|| ||67|
|24||Costs and Indemnity|| ||68|
|25||Legal Co-operation|| ||69|
|26||Subsidiary Arrangements|| ||69|
|27||Settlement of Disputes|| ||70|
|28||Final Provisions|| ||70|
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The Government of New Zealand and the Government of the United Kingdom of Great Britain and Northern Ireland,
Have agreed as follows:
For the purposes of this Agreement, the following definitions shall apply:
“prisoner” means a person who is required to be detained in a prison or in a hospital or other institution pursuant to a sentence imposed by, or by virtue of an order made by, the Pitcairn Court in the course of the exercise of its criminal jurisdiction;
“Registrar”, in relation to the Magistrate's Court, Supreme Court, or Pitcairn Court of Appeal,
“Supreme Court” means the Supreme Court of Pitcairn, Henderson, Ducie, and Oeno Islands continued by section 3 of the Judicature (Courts) Ordinance 1999 (Pitcairn);
Purpose and Scope of the Agreement
The Pitcairn Court
(1) The Government undertakes to host the Pitcairn Court for the sole purpose, and for the duration, of any trial in New Zealand. For this purpose the Government shall permit the Pitcairn Court to sit in New Zealand in the premises of the Pitcairn Court.
(3) The Government shall also permit the detention of the accused for the purposes of the trial within the premises of the Pitcairn Court in accordance with Pitcairn law and practice. The enforcement of all other sanctions involving the deprivation of liberty of persons within those premises is not permitted, except in so far as the Pitcairn Court orders or authorises:
Juridical Personality of the Pitcairn Court
Inviolability of the premises of the Pitcairn Court
(2) The competent authorities shall not enter the premises of the Pitcairn Court to perform any official duty, except with the express consent of, or at the request of, the Registrar of the Court concerned or an official designated by that Registrar. Judicial actions and the service or execution of legal process, including the seizure of private property, shall not be enforced on the premises of the Pitcairn Court except with the consent of, and in accordance with conditions approved by, the Registrar of the Court concerned.
(3) In case of fire or other emergency requiring prompt protective action, or in the event that the competent authorities have reasonable cause to believe that such an emergency has occurred or is about to occur, on the premises of the Pitcairn Court, the consent of the Registrar of the Court concerned, or an official designated by that Registrar to any necessary entry into the premises of the Pitcairn Court shall be presumed if neither of them could be reached in time.
Law and Authority on the Premises of the Pitcairn Court
Protection of the Premises of the Pitcairn Court
The Registrar of the Court concerned may request the assistance of the New Zealand Police if that assistance is reasonably necessary in order to preserve law and order within the premises of the Pitcairn Court or in the immediate vicinity of the premises, or to remove a person from those premises.
Immunity of the Pitcairn Court
The Pitcairn Court, its property, funds, and assets, wherever located in the host country and by whomsoever held, shall enjoy immunity from every form of legal process, except insofar as, in any particular case, the Pitcairn Court has expressly waived its immunity. Waiver of immunity from jurisdiction shall not be held to imply waiver of immunity in respect of execution of any judgment, for which a separate waiver shall be necessary.
Inviolability of Archives and Documents of the Pitcairn Court and Pitcairn Prosecutor
(1) The archives of the Pitcairn Court and, in general, all documents and materials made available to, belonging to, or used by the Court, wherever located in the host country and by whomsoever held, shall be inviolable.
Exemption from Taxes and Duties
(1) Within the scope of its official functions, the Pitcairn Court, its assets, income and other property, shall be exempt from income tax.
(2) The Pitcairn Court shall be exempt from all duties and taxes in respect of the import of goods, including publications and motor vehicles, to New Zealand, the import of which by the Pitcairn Court is necessary for the exercise of its official activities.
(3) Goods acquired or imported under paragraph (2) shall not be sold, given away, or otherwise disposed of, except in accordance with conditions agreed on with the Government.
Essential Services for the Premises of the Pitcairn Court
Emblem, Markings, and Flag
The Pitcairn Court shall be entitled to display on its premises its emblem and markings, as well as the appropriate flag.
(1) The Judges, the Magistrates, the Registrar, the Public Prosecutor, and officials of the Pitcairn Court shall enjoy immunity from criminal and civil jurisdiction in respect of words spoken or written and other acts performed by them in their official capacity. Such immunity shall continue to be accorded to them after termination of their official position in respect of activities carried out on behalf of the Pitcairn Court.
(2) The immunities are accorded to the Judges, the Magistrates, the Registrar, the Public Prosecutor, and officials of the Pitcairn Court, in the interest of the Pitcairn Court, and not for the personal benefit of the persons themselves. The right to waive the immunity in any case where it can be waived without prejudice to the purposes for which it is accorded shall vest in the Governor.
(3) Where the Pitcairn Court remands an accused in custody, the Government shall facilitate, in accordance with any relevant arrangements, the transfer of the accused through the territory of the host country between the Pitcairn Court and a New Zealand prison.
(4) The Government shall not exercise its criminal jurisdiction over an accused to whom paragraph (1) refers in respect of conduct or convictions prior to the arrival of the accused in the host country for the purposes of transfer to the Pitcairn Court. The immunity shall cease when an accused, being obliged to leave the territory of the host country, has not done so or, having left it, has returned.
(5) Unless the Government otherwise agrees, the Pitcairn Court shall not exercise its criminal jurisdiction over an accused to whom paragraph (2) refers in respect of conduct or convictions prior to the transfer, other than the conduct to which that transfer relates.
Remand in Custody or on Bail
(1) The Government shall recognise, and permit the enforcement, in accordance with New Zealand law, by competent authorities in the host country of orders made in any trial by the Pitcairn Court that relate to the remand in custody or on bail of an accused.
(3) In deciding whether to release an accused on bail in New Zealand the Pitcairn Court shall, in addition to any relevant factors under Pitcairn law, also have regard to the considerations that a New Zealand court would take into account in a case of a similar nature, including whether there is a risk that the accused may interfere with witnesses or other evidence in New Zealand and whether there is a risk that the accused may offend against New Zealand law while on bail. The Pitcairn Court shall not impose any bail conditions on a person released on bail in New Zealand that could not have been imposed under New Zealand law.
Enforcement of Sentences
(2) A request for enforcement of a sentence may be made by the Governor and shall be communicated through diplomatic channels. The Government may invite the Governor to make such a request. The Government shall decide whether or not to grant the request and may, in its sole discretion, refuse the request or may grant the request subject to conditions. The Government shall inform the Governor of its decision through diplomatic channels.
(4) The Governor shall, as far as possible, provide the Government with any other relevant information, documents or statements, including any psychiatric reports, pre-sentence reports, sentencing notes, and victim impact statements, before or when making a request for enforcement. The Government may seek further information from the Governor before deciding whether or not to grant the request.
(5) A request for enforcement may not be granted unless the offender gives free and informed consent to the enforcement of the sentence in New Zealand in full knowledge of its legal consequences. Where, in view of the offender's age or physical or mental condition either Party considers it necessary, the offender's consent may be given by a person entitled to act on the offender's behalf. The Government shall be given the opportunity to verify that the consent of the offender has been given in accordance with this paragraph.
(6) If a request is granted, the Government shall, if required under the law of the host country, convert the sentence in accordance with that law. When converting the sentence the Government -
(10) Except as provided in Article 18(6) and Article 18(9)(c), in respect of sentences to be enforced pursuant to this Agreement, the Islands shall retain exclusive jurisdiction regarding the judgments of its courts, the sentences imposed by them, and any procedures for revision, modification or cancellation of those judgments and sentences. The Government shall terminate enforcement of the sentence as soon as it is informed by the Governor that, as a consequence of any such revision, modification or cancellation, the sentence is no longer to be enforced.
Application of Article 18
(1) Article 18 shall not apply if, when giving its agreement to host a trial to which Article 2(2)(b) relates, the Government notifies the Governor that it will not contemplate enforcing any sentence that the Pitcairn Court might impose in such a trial.
(2) The Government shall facilitate the transfer through the territory of the host country of any witness, including a witness in custody, in transit from another country to the premises of the Pitcairn Court.
(3) Where a witness is required to be held in custody the Government shall facilitate, in accordance with any relevant arrangements, the transfer of the witness through the territory of the host country between the Pitcairn Court and a New Zealand prison.
(6) The Government shall not exercise its criminal jurisdiction over a witness to whom paragraph (2) refers in respect of conduct or convictions prior to the arrival of the witness in the host country for the purposes of attending the trial. The immunity shall cease when any witness, being obliged to leave the territory of the host country, has not done so or, having left it, has returned, unless such return is required for the purposes of any trial.
Co-operation with the Competent Authorities
The Registrar of the Court concerned shall notify the Government of the names and status of persons referred to in this Agreement, other than members of the public, and of any change in their status. The provisions of this Agreement shall apply to a person of that kind only if the Government has received notification from that Registrar in respect of the person.
Entry into and Exit from the Host Country
All persons notified by the Registrar of the Court concerned to the Government in accordance with Article 22 shall have the right of facilitated entry into and exit from the host country, as necessary for the purposes of any trial. Visas or permits, where required, shall be granted free of charge and as promptly as possible. The same facilities shall be accorded to persons accompanying witnesses for the purposes of any trial, provided that each such person has been notified by the Registrar of the Court concerned to the Government.
Costs and Indemnity
(3) The Government of the United Kingdom shall, in accordance with subsidiary arrangements made with the Government of New Zealand, deposit in a designated account, prior to each quarter, the amount which that Government estimates will be incurred by it in that quarter.
Nothing in this Agreement shall prejudice the application of treaties or other arrangements that provide for legal co-operation in criminal matters, including extradition, except in so far as otherwise provided in this Agreement.
The Registrar of the Court concerned and a designated representative of the Government may make subsidiary arrangements with a view to the practical application of this Agreement.
Settlement of Disputes
Any dispute relating to the interpretation or application of this Agreement shall be resolved by consultation and negotiation between the Parties.