International Crimes and International Criminal Court Act 2000

If you need more information about this Act, please contact the administering agency: Ministry of Foreign Affairs and Trade and Ministry of Justice

Version as at 28 October 2021

Coat of Arms of New Zealand

International Crimes and International Criminal Court Act 2000

Public Act
 
2000 No 26
Date of assent
 
6 September 2000
Commencement
 
see section 2
Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

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

Contents

1Title
2Commencement
3Purpose
Part 1
Preliminary provisions
4Interpretation
5Act to bind the Crown
6Statute to have force of law
7Obligations imposed by Statute or Rules
Part 2
International crimes and offences against administration of justice
Jurisdiction to try international crimes
8Jurisdiction in respect of international crimes
International crimes
9Genocide
10Crimes against humanity
11War crimes
General principles of criminal law
12General principles of criminal law
Consent to prosecutions for international crimes
13Attorney-General’s consent to prosecutions required
Jurisdiction to try offences against administration of justice
14Jurisdiction in respect of offences against administration of justice
Offences against administration of justice
15Corruption of Judge
16Bribery of Judge, etc
17Corruption and bribery of official of ICC
18False evidence
19Fabricating evidence before ICC
20Conspiracy to defeat justice in ICC
21Interference with witnesses or officials
Consent to prosecutions for offences against administration of justice
22Attorney-General’s consent to prosecutions required
Co-operation relating to offences against administration of justice
23Co-operation relating to offences against administration of justice
Part 3
General provisions relating to requests for assistance
24Requests for assistance
25Requests to be made through authorised channel
26Urgent requests
27Execution of requests
28Consultation
29Confidentiality of request
30Response to be sent to ICC
Official capacity of suspect or accused no bar to request
31Official capacity of person no bar to request
Part 4
Arrest and surrender of person to ICC
Request from ICC for arrest and surrender
32Request for arrest and surrender
Arrest where request for surrender received
33Minister to request issue of arrest warrant
34Issue of arrest warrant
35Cancellation of warrant
Provisional arrest in urgent cases
36Provisional arrest warrant may be issued
37Notice to be given to Minister
38Procedure where provisional arrest warrant issued
Remand and bail
39Procedure following arrest
40Procedure for bail
41Powers of District Court
42Detention in place other than prison
Eligibility for surrender
43Determination of eligibility for surrender
44Adjournment of hearing
45Surrender by consent
46Procedure following determination on eligibility or consent to surrender
Surrender and temporary surrender
47Minister must determine whether person to be surrendered
48Surrender order may take effect at later date
49Temporary surrender to ICC
50Decision on return to New Zealand after trial
51Request for return to ICC after temporary surrender
52New Zealand sentence continues to run
53Form and execution of surrender order or temporary surrender order
54Surrender to State of enforcement
Restrictions on surrender
55Refusal of surrender
56Postponement of execution of request for surrender
57Previous proceedings against person sought
58Ongoing New Zealand investigation or proceedings involving different conduct
59Person being prosecuted in New Zealand for same conduct
60Other challenges to admissibility
61Request from ICC and other State relating to same conduct
62Procedure where competing request from State Party
63Procedure where competing request from non-State Party
64Request from ICC and other State relating to different conduct
65Notification of decision on extradition to requesting State
66Conflict with obligations to another State
Appeals against determinations of eligibility for surrender
67Appeal on question of law only
68Application to appeal of Bail Act 2000 and Criminal Procedure Act 2011
69Custody pending determination of appeal
70Waiver of rights to apply for habeas corpus or to lodge appeal
71Powers of court on appeal
72Further provisions relating to powers of court on appeal
Discharge of person
73Discharge of person if Minister declines to order surrender
74Discharge of person if not surrendered within 2 months
75Discharge of person if not resurrendered
76Discharge of person under this Part does not preclude further proceedings
Miscellaneous provisions relating to arrest and surrender
77Search and seizure on arrest
78Disposal of property seized
79Information about time spent in custody in New Zealand
80Consent to trial of surrendered person for previous offences
Part 5
Domestic procedures for other types of co-operation
Identifying or locating persons or things
81Assistance in locating or identifying persons or things
Taking evidence and producing documents
82Assistance in gathering evidence
83Taking evidence
84Producing documents or other articles
85Protection of witnesses
86ICC may give evidence certificate
87Certain persons may appear
88Powers of Judge may be exercised by Registrar
Questioning persons
89Assistance in questioning persons
90Procedure where questioning by New Zealand agency
Assistance in arranging service
91Assistance in arranging service of documents
Facilitating appearance of witnesses
92Request for voluntary appearance of witness
93Consent required and assurances may be sought
94Attorney-General may facilitate appearance
Temporary transfer of prisoners
95Request for temporary transfer of prisoner
96Consent required and assurances may be sought
97Attorney-General may arrange for transfer
98Effect of transfer on prisoner’s sentence
99Request for information about time spent in custody overseas
Examination of places or sites
100Assistance in examining places or sites
Search and seizure
101Request for search and seizure
102Issue of search warrant
103Form and content of search warrant [Repealed]
104Powers conferred by warrant [Repealed]
105Power to stop vehicles [Repealed]
106Person executing warrant to produce evidence of authority [Repealed]
107Report to Attorney-General on execution of warrant
108Disposal of things seized
Provision of records and documents
109Facilitating provision of records and documents
Protecting victims and witnesses and preserving evidence
110Protecting victims and witnesses and preserving evidence
Identifying, freezing, or seizing property associated with international crimes
111Request relating to property associated with crime
112Attorney-General may authorise measures
Other types of assistance
113Request for other types of assistance
Restrictions on provision of assistance
114Refusal of assistance
115Postponement of execution of assistance
116Procedure if execution of assistance precluded under New Zealand law
117Postponement where ongoing investigation or prosecution
118Postponement where admissibility challenge
119Competing requests
120Requests involving conflict with other international obligations
Miscellaneous
121Effect of authority to proceed
122Request may relate to assistance sought by defence
123Execution of request by Prosecutor
Part 6
Enforcement of penalties
Orders relating to victim reparation
124Assistance with enforcement of orders for victim reparation
125Enforcement of fines
Assistance with enforcement of forfeiture orders
126Request for forfeiture of tainted property
127Solicitor-General may apply for registration
128Method of registration of order
129Notice of registration of order
130Effect of registration of order
131Forfeiture order may be treated as profit forfeiture order
132Third parties may apply for relief
133Court may grant relief to third party
134Cancellation of registration of order
Transfer of money or property recovered under this Part
135Money or property recovered to be transferred to ICC
Part 7
Persons in transit to ICC or serving sentences imposed by ICC
Person in transit
136Transit by person being surrendered or transferred to ICC
137Transferee to be held in custody
138Minister must make removal order or issue certificate
Enforcement of sentences in New Zealand
139New Zealand may act as State of enforcement
140Request for sentence to be served in New Zealand
141Prisoner to be held in custody
142Order for detention to act as authority for detention
143Parole Act 2002 does not apply in certain cases
144Transfer of prisoner to ICC for review of sentence
145Transfer of prisoner to ICC for other purposes
146Transfer of prisoner to another State to complete sentence
147Minister must make removal order or issue certificate
148Special rules in certain cases
149Extradition of escaped ICC prisoner
Certificates and removal orders
150Certificate giving temporary authority to remain in New Zealand
151Cancellation of certificate
152Further provisions relating to certificate
153Removal order
154Delay in removal
155Immigration visa not required
156New Zealand citizens
Part 8
Protection of national security or third party information
National security
157National security issues to be dealt with under Article 72
158Part 9 request involving national security
159Information or evidence involving national security
160Other situations involving national security
161Consultation with ICC required
162Procedure where no resolution
163Attorney-General must take into account ICC’s ability to refer matter to Security Council
Information provided by third party
164Disclosure of information provided by third party
165Request for New Zealand’s consent to disclosure
Part 9
Investigations or sittings of ICC in New Zealand
166Prosecutor may conduct investigations in New Zealand
167ICC sittings in New Zealand
168ICC’s powers while sitting in New Zealand
169ICC may administer oaths in New Zealand
170Orders made by ICC not subject to review
171Power to detain ICC prisoners in New Zealand prisons if ICC holds sitting in New Zealand
172Removal of ICC prisoner
Part 10
Requests to ICC for assistance
173Attorney-General or Minister may request assistance from ICC
174Making of request
175Types of requests to ICC
176Mutual Assistance in Criminal Matters Act 1992 applies to requests
177Extradition Act 1999 applies to requests for surrender
Part 11
Miscellaneous provisions and consequential amendments
Miscellaneous provisions
178Certificates given by Attorney-General
179Regulations
180Regulations to implement Rules of Evidence and Procedure
Consequential amendments to Crimes Act 1961
181Amendments to Crimes Act 1961
Consequential amendment to Criminal Justice Act 1985
[Repealed]
182Amendment to Criminal Justice Act 1985 [Repealed]
Consequential amendment to Diplomatic Privileges and Immunities Act 1968
183Amendment to Diplomatic Privileges and Immunities Act 1968
Consequential amendment to Extradition Act 1999
184Amendment to Extradition Act 1999
Consequential amendment to Geneva Conventions Act 1958
185Amendment to Geneva Conventions Act 1958
Consequential amendment to Penal Institutions Act 1954
[Repealed]
186Amendment to Penal Institutions Act 1954 [Repealed]
Consequential amendments to Proceeds of Crime Act 1991
187Amendments to Proceeds of Crime Act 1991
Schedule
Rome Statute of the International Criminal Court*
Notes