PART 7 - PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC

Enforcement of sentences in New Zealand

148.
Special rules in certain cases—

(1)An ICC prisoner serving a sentence in New Zealand may—

(a)be extradited to another country in accordance with the Extradition Act 1999 either—

(i)at the completion of the sentence; or

(ii)during the sentence, but only for a temporary period; or

(b)be required to remain in New Zealand in order to serve any sentence that the prisoner is liable to serve under New Zealand law; or

(c)be required to remain in New Zealand to undergo trial for an offence under New Zealand law.

(2)Despite subsection (1),—

(a)a person to whom subsection (1)(a) applies may not be extradited to another country without the prior agreement of the ICC:

(b)a person to whom subsection (1)(b) or subsection (1)(c) applies may not be required to serve a sentence in New Zealand or to undergo trial for an offence under New Zealand law, as the case may be, that relates to an act or omission that occurred before the designation referred to in section 140(1)(c), without the prior agreement of the ICC.

(3)Subsection (2) does not apply to a person who—

(a)remains voluntarily in New Zealand for more than 30 days after the date of completion of, or release from, the sentence imposed by the ICC; or

(b)voluntarily returns to New Zealand after having left it.


Cf Statute, articles 107(3), 108

PART 7 - PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC

Enforcement of sentences in New Zealand

149.
Extradition of escaped ICC prisoner—

(1)Subsection (2) applies if—

(a)an ICC prisoner serving a sentence in another State escapes from custody and is located in New Zealand; and

(b)the State designated by the ICC as the State of enforcement of the sentence makes a request to New Zealand for extradition in accordance with article 111 of the Statute.

(2)If this subsection applies, the Extradition Act 1999 applies to a request for extradition—

(a)with any necessary modifications; and

(b)as if the request related to a person who had been convicted of an ``extradition offence'', within the meaning of section 2 of that Act.

(3)Subsection (4) applies if—

(a)an ICC prisoner serving a sentence in New Zealand escapes from custody and is located in another State; and

(b)the Minister wishes to make a request to that State for the person's extradition in accordance with article 111.

(4)If this subsection applies, the Minister may make a request for the prisoner's extradition under Part 6 of the Extradition Act 1999 and that Part applies—

(a)with any necessary modifications; and

(b)as if the request related to a person who had been convicted of an ``extradition offence'', within the meaning of section 2 of that Act.

Cf Statute, article 111

PART 10 - REQUESTS TO ICC FOR ASSISTANCE

177.
Extradition Act 1999 applies to requests for surrender—

Part 6 of the Extradition Act 1999 applies, with any necessary modifications, in relation to the surrender or temporary surrender of a person by the ICC to New Zealand, as if the ICC were an extradition country within the meaning of that Act, subject to any contrary provision in the Statute or the Rules.

Article 102
Use of terms
For the purposes of this Statute:
(a) "surrender" means the delivering up of a person by a State to the Court, pursuant to this Statute.
(b) "extradition" means the delivering up of a person by one State to another as provided by treaty, convention or national legislation.