PART 8 - PROTECTION OF NATIONAL SECURITY OR THIRD PARTY INFORMATION

Information provided by third party

164.
Disclosure of information provided by third party—

(1)If the ICC requests the provision of a document or information that was provided or disclosed to New Zealand in confidence by another State, intergovernmental organisation, or international organisation, the Attorney-General must seek the consent of the originator before providing that document or information to the ICC.

(2)If the originator is a State Party that consents to disclosure of the information or document, the Attorney-General must, subject to article 72 of the Statute, provide that information or document to the ICC.

(3)If the originator is a State Party that undertakes to resolve the issue of disclosure with the ICC under article 73, the Attorney-General must inform the ICC of that undertaking.

(4)If the originator is not a State Party and refuses to consent to disclosure, the Attorney-General must inform the ICC that he or she is unable to provide the document or information because of an existing obligation of confidentiality to the originator.

Cf Statute, articles 72, 73

165.
Request for New Zealand's consent to disclosure—

(1)If a request is received from another State for New Zealand's consent to the disclosure to the ICC of a document or information that had been disclosed to the State in confidence, the Attorney-General must either—

(a)consent to the disclosure; or

(b)undertake to resolve the matter with the ICC.

(2)The provision of an undertaking under subsection (1)(b) does not prevent the Attorney-General from refusing the assistance sought in accordance with section 164(4).

Cf Statute, article 73

Article 73
Third-party information or documents
If a State Party is requested by the Court to provide a document or information in its custody, possession or control, which was disclosed to it in confidence by a State, intergovernmental organization or international organization, it shall seek the consent of the originator to disclose that document or information. If the originator is a State Party, it shall either consent to disclosure of the information or document or undertake to resolve the issue of disclosure with the Court, subject to the provisions of article 72. If the originator is not a State Party and refuses to consent to disclosure, the requested State shall inform the Court that it is unable to provide the document or information because of a pre-existing obligation of confidentiality to the originator.