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Act In force Latest version as at 03 September 2007 (as enacted) | 2002 No 67 | Administered by Ministry of Business, Innovation, and Employment

International Crimes and International Criminal Court Amendment Act 2002

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Act In force Latest version as at 03 September 2007 (as enacted) | 2002 No 67 | Administered by Ministry of Business, Innovation, and Employment

International Crimes and International Criminal Court Amendment Act 2002

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International Crimes and International Criminal Court Amendment Act 2002

Public Act 2002 No 67
Date of assent 18 December 2002

Contents

1 Title

2 Commencement

3 Procedure following arrest

4 Powers of District Court

5 Procedure following determination on eligibility or consent to surrender

6 Application to appeal of certain provisions of Summary Proceedings Act 1957

The Parliament of New Zealand enacts as follows:

1 Title
2 Commencement

  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Procedure following arrest

  • Section 39 of the principal Act is amended by repealing subsection (3), and substituting the following subsection:

    • “(3) If the District Court remands the person on bail, the District Court may impose any conditions of bail that the District Court thinks fit in addition to any conditions that the District Court may impose under section 31(1) to (3) of the Bail Act 2000 (as applied by section 49 of that Act).”

4 Powers of District Court

  • (1) Section 41(1) of the principal Act is amended by repealing paragraph (b), and substituting the following paragraph:

    • “(b) the following provisions apply to the proceedings, so far as applicable and with the necessary modifications:

      • “(i) Part 2 and sections 203, 204, and 206 of the Summary Proceedings Act 1957:

      • “(ii) Parts 1 (except sections 9 to 12), 2, and 3 of the Bail Act 2000:

      • “(iii) section 121 of the Criminal Justice Act 1985.”

    (2) Section 41(3) of the principal Act is amended by omitting the expression “(1) to (3)”, and substituting the expression “(1) and (2)”.

    (3) Section 41 of the principal Act is amended by repealing subsection (4).

    (4) Section 41 of the principal Act is amended by repealing subsection (5), and substituting the following subsections:

    • “(5) Section 171 of the Summary Proceedings Act 1957 and sections 52 and 54 of the Bail Act 2000 apply, so far as applicable and with the necessary modifications, to a person who is detained under section 46 or section 49.”

    (6) To avoid doubt, if an application is made for the variation of conditions of bail of a person who is detained under section 46 or section 49, the procedure in section 40(1) and (2) applies.

5 Procedure following determination on eligibility or consent to surrender

  • Section 46(2)(a) of the principal Act is amended by omitting the expression “171(3)”, and substituting the expression “171(2)”.

6 Application to appeal of certain provisions of Summary Proceedings Act 1957

  • (1) The heading to section 68 of the principal Act is amended by adding the words “and Bail Act 2000”.

    (2) Section 68 of the principal Act is amended by repealing paragraph (h).

    (3) Section 68 of the principal Act is amended by adding, as subsection (2), the following subsection:

    • “(2) Section 47 of the Bail Act 2000 (which relates to the surrender of an appellant released on bail) applies with any necessary modifications to an appeal under this Part as if it were an appeal under Part 4 of the Summary Proceedings Act 1957 against the determination by a District Court of an information or complaint.”

Legislative history
12 December 2002 Divided from Statutes Amendment Bill (No 2) (Bill 198-2), third reading
Act In force Latest version as at 03 September 2007 (as enacted)

International Crimes and International Criminal Court Amendment Act 2002

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