PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Co-operation relating to offences against administration of justice

23.
Co-operation relating to offences against administration of justice—

(1)If the ICC makes a request for assistance in an investigation or proceeding involving an offence against the administration of justice, that request must be dealt with,—

(b)in the case of a request for enforcement of an order requiring reparation or the payment of a fine or a forfeiture order, in the manner provided in Parts 3 and 6, and those Parts apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules; and

PART 3 - GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

24.
Requests for assistance—

(1)This Part applies to a request by the ICC for assistance that is made under—

(b)any of the following articles of the Statute:

(v)article 109 of the Statute (which relates to the enforcement of fines and forfeiture measures).

PART 6 - ENFORCEMENT OF PENALTIES

Orders relating to victim reparation

125.
Enforcement of fines—

(1)This section applies if—

(a)the ICC—

(i)orders payment of a fine under article 77(2)(a) of the Statute; and

(ii)requests that the order be enforced in accordance with article 109 of the Statute; and

(b)neither the conviction in respect of which the order was imposed nor the order for payment of a fine is subject to further appeal.

(2)The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that the order—

(a)involves a monetary penalty; and

(b)is of a kind that can be enforced in the manner provided in this section.

(3)If the Attorney-General gives authority for the request to proceed,—

(a)the Attorney-General must refer the request to the appropriate New Zealand agency; and

(b)that agency must, without delay,—

(i)take such steps as are necessary to enforce the order as if it were a fine imposed on conviction . . .; and

(ii)make such report to the Attorney-General on the results of any action taken as it considers to be appropriate in the circumstances.

(4)For the purposes of this section, Part 3 of the Summary Proceedings Act 1957 (which relates to the enforcement of fines) applies, with any necessary modifications, to a fine imposed by the ICC.

(5)Despite subsection (4), an order may not be made under Part 3 of the Summary Proceedings Act 1957—

(a)imposing a sentence for non-payment of a fine imposed by the ICC; or

(b)modifying an order of the ICC for payment of a fine, without the prior agreement of the ICC; or

(c)remitting or directing that no further steps be taken to enforce all or any part of a fine payable under an order made by the ICC, without the prior agreement of the ICC.

(6)Nothing in this section limits or affects the provision of other types of assistance to the ICC in relation to a penalty imposed under article 77 of the Statute.

Cf Statute, articles 77(2)(a), 109(1)

Article 109
Enforcement of fines and forfeiture measures
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.