Diplomatic Privileges (International Criminal Court) Order 2004

Reprint as at 1 October 2018

Coat of Arms of New Zealand

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 subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

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

1Title
2Commencement
3Interpretation
4Order not in force in Tokelau
Part 1
Privileges and immunities of International Criminal Court
5Capacities of body corporate
6Inviolability of ICC’s premises
7Flag, emblem, and markings
8Immunity from legal process
9Immunity from search
10Exemption of property from certain restrictions
11Inviolability of ICC’s archives and documents
12Taxes, duties, and rates
13Exemption from taxes, duties, and prohibitions and restrictions on import or export of goods for official use
14Communication facilities
15General provision on privileges and immunities
Part 2
Privileges and immunities of ICC Judges, staff, and persons involved in ICC proceedings
16General provision relating to privileges and immunities
Judges, Prosecutor, Deputy Prosecutors, and Registrar
17Judges, Prosecutor, Deputy Prosecutors, and Registrar have diplomatic privileges and immunities
18Taxation of salaries, emoluments, and allowances
19Repatriation and other facilities
20Privileges and immunities while at disposal of ICC
21Privileges and immunities during transit through New Zealand
22Judges, Prosecutor, Deputy Prosecutors, and Registrar who are New Zealand citizens or permanent residents
23Immunity from legal process after expiry of term
24Privileges continue where Judge remains in office to complete trial or appeal
25Waiver of privileges and immunities
Deputy Registrar, staff of Office of Prosecutor, and staff of Registry
26General provision on privileges and immunities of Deputy Registrar, staff of Office of Prosecutor, and staff of Registry
27Immunity from arrest
28Immunity from legal process
29Protection of papers and communications
30Seizure and inspection of personal baggage
31Repatriation facilities
32Privileges relating to taxation on income
33Exemption relating to import and export of furniture and effects
34Waiver of privileges and immunities
Locally recruited staff
35Immunity and facilities for locally recruited staff
36Waiver of immunity
Counsel and persons assisting defence counsel
37Counsel and persons assisting defence counsel
38Immunity from arrest
39Immunity from legal process
40Protection of papers and communications
41Seizure and inspection of personal baggage
42Repatriation facilities
43Taxation
44Waiver of privileges and immunities
Experts
45Privileges and immunities of experts
46Immunity from arrest
47Immunity from legal process
48Protection of papers and communications
49Seizure and inspection of personal baggage
50Repatriation facilities
51Waiver of privileges and immunities
Witnesses
52Privileges and immunities of witnesses
53Immunity from arrest
54Immunity from legal process
55Protection of papers and communications
56Seizure of personal baggage
57Repatriation facilities
58Waiver of privileges and immunities
Victims and other persons required to be present at seat of ICC
59Privileges and immunities of victims and other persons required to be present at ICC
60Immunity from arrest
61Immunity from legal process
62Seizure of personal baggage
63Waiver of privileges and immunities
Representatives of States participating in ICC proceedings
64Representatives of States participating in ICC proceedings
Part 3
Assembly of States Parties and its subsidiary organs
65Privileges and immunities of representatives
66Immunity from arrest
67Immunity from legal process
68Protection of papers
69Communication facilities
70Seizure and inspection of personal baggage
71Repatriation facilities
72Other privileges, immunities, and facilities
73Waiver
Gazette Information
Reprint notes