Diplomatic Privileges (International Criminal Court) Order 2004 (SR 2004/79) (as at 29 November 2010)

Reprint as at 29 November 2010

Diplomatic Privileges (International Criminal Court) Order 2004

(SR 2004/79)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 29th day of March 2004

Present:
Her Excellency the Governor-General in Council


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 order is administered by the Ministry of Foreign Affairs and Trade.


Pursuant to sections 10D and 10E of the Diplomatic Privileges and Immunities Act 1968, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

Contents

1 Title

2 Commencement

3 Interpretation

4 Order not in force in Tokelau

Part 1
Privileges and immunities of International Criminal Court

5 Capacities of body corporate

6 Inviolability of ICC's premises

7 Flag, emblem, and markings

8 Immunity from legal process

9 Immunity from search

10 Exemption of property from certain restrictions

11 Inviolability of ICC's archives and documents

12 Taxes, duties, and rates

13 Exemption from taxes, duties, and prohibitions and restrictions on import or export of goods for official use

14 Communication facilities

15 General provision on privileges and immunities

Part 2
Privileges and immunities of ICC Judges, staff, and persons involved in ICC proceedings

16 General provision relating to privileges and immunities

Judges, Prosecutor, Deputy Prosecutors, and Registrar

17 Judges, Prosecutor, Deputy Prosecutors, and Registrar have diplomatic privileges and immunities

18 Taxation of salaries, emoluments, and allowances

19 Repatriation and other facilities

20 Privileges and immunities while at disposal of ICC

21 Privileges and immunities during transit through New Zealand

22 Judges, Prosecutor, Deputy Prosecutors, and Registrar who are New Zealand citizens or permanent residents

23 Immunity from legal process after expiry of term

24 Privileges continue where Judge remains in office to complete trial or appeal

25 Waiver of privileges and immunities

Deputy Registrar, staff of Office of Prosecutor, and staff of Registry

26 General provision on privileges and immunities of Deputy Registrar, staff of Office of Prosecutor, and staff of Registry

27 Immunity from arrest

28 Immunity from legal process

29 Protection of papers and communications

30 Seizure and inspection of personal baggage

31 Repatriation facilities

32 Privileges relating to taxation on income

33 Exemption relating to import and export of furniture and effects

34 Waiver of privileges and immunities

Locally recruited staff

35 Immunity and facilities for locally recruited staff

36 Waiver of immunity

Counsel and persons assisting defence counsel

37 Counsel and persons assisting defence counsel

38 Immunity from arrest

39 Immunity from legal process

40 Protection of papers and communications

41 Seizure and inspection of personal baggage

42 Repatriation facilities

43 Taxation

44 Waiver of privileges and immunities

Experts

45 Privileges and immunities of experts

46 Immunity from arrest

47 Immunity from legal process

48 Protection of papers and communications

49 Seizure and inspection of personal baggage

50 Repatriation facilities

51 Waiver of privileges and immunities

Witnesses

52 Privileges and immunities of witnesses

53 Immunity from arrest

54 Immunity from legal process

55 Protection of papers and communications

56 Seizure of personal baggage

57 Repatriation facilities

58 Waiver of privileges and immunities

Victims and other persons required to be present at seat of ICC

59 Privileges and immunities of victims and other persons required to be present at ICC

60 Immunity from arrest

61 Immunity from legal process

62 Seizure of personal baggage

63 Waiver of privileges and immunities

Representatives of States participating in ICC proceedings

64 Representatives of States participating in ICC proceedings

Part 3
Assembly of States Parties and its subsidiary organs

65 Privileges and immunities of representatives

66 Immunity from arrest

67 Immunity from legal process

68 Protection of papers

69 Communication facilities

70 Seizure and inspection of personal baggage

71 Repatriation facilities

72 Other privileges, immunities, and facilities

73 Waiver

Gazette information

Reprint notes


Order