PART 1 - PRELIMINARY PROVISIONS

6.
Statute to have force of law—

(1)The provisions of the Statute specified in subsection (2) have the force of law in New Zealand in relation to the following matters:

(a)the making of requests by the ICC to New Zealand for assistance and the method of dealing with those requests:

(b)the conduct of an investigation by the Prosecutor or the ICC:

(c)the bringing and determination of proceedings before the ICC:

(d)the enforcement in New Zealand of sentences of imprisonment or other measures imposed by the ICC, and any related matters:

(e)the making of requests by New Zealand to the ICC for assistance and the method of dealing with those requests.

(2)Subsection (1) applies in relation to the following provisions of the Statute:

(a)Part 2 (which relates to jurisdiction, admissibility, and applicable law):

(b)Part 3 (which relates to general principles of criminal law):

(c)articles 51 and 52 of the Statute (which relate respectively to the Rules of Procedure and Evidence, and Regulations of the Court):

(d)Part 5 (which relates to the investigation and prosecution of crimes within the jurisdiction of the ICC):

(e)Part 6 (which relates to the conduct of trials):

(f)Part 7 (which relates to penalties):

(g)Part 8 (which relates to appeals and revision of acquittals, convictions, or sentences):

(h)Part 9 (which relates to international co-operation and judicial assistance):

(i)Part 10 (which relates to the enforcement of sentences and other measures imposed by the ICC).

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

General principles of criminal law

12.
General principles of criminal law—

(1)For the purposes of proceedings for an offence against section 9 or section 10 or section 11,—

(b)the provisions of New Zealand law and the principles of criminal law applicable to the offence under New Zealand law apply; and

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

General principles of criminal law

12.
General principles of criminal law—

(2)For the purposes of subsection (1)(a), the articles of the Statute specified in that subsection (other than article 20) apply as if—

(a)a reference to the ICC were a reference to the New Zealand court exercising jurisdiction in respect of the proceedings; and

(b)a reference to the Statute includes a reference to this Act.


(3)If there is any inconsistency between the provisions specified in subsection (1)(a) and the provisions and principles specified in subsections (1)(b) and (1)(c), the provisions specified in subsection (1)(a) prevail.


(4)For the purposes of interpreting and applying articles 6 to 8 of the Statute in proceedings for an offence against section 9 or section 10 or section 11,—

(a)the New Zealand Court exercising jurisdiction in the proceedings may have regard to any elements of crimes adopted or amended in accordance with article 9 of the Statute:

(b)the provisions of Parts 5 to 10 of the Crimes Act 1961 do not apply.

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on surrender

55.
Refusal of surrender—

(3)To avoid doubt,—

(b)the restrictions on surrender specified in the Extradition Act 1999 do not apply in relation to a request for surrender from the ICC.

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Appeals against determinations of eligibility for surrender

68.
Application to appeal of certain provisions of Summary Proceedings Act 1957 [and Bail Act 2000]—

(1)The following provisions of the Summary Proceedings Act 1957 apply with any necessary modifications to an appeal under this Part as if it were an appeal under Part 4 of that Act against the determination by a District Court of an information or complaint:

(a)section 107(3) to (8) (appeal on question of law only by way of case stated):

(b)section 108 (no appeal on ground of improper admission or rejection of evidence):

(c)section 109 (District Court Judge or Justice may refuse a case if appeal frivolous):

(d)section 110 (certiorari not to be required when appeal upon case stated):

(e)section 111 (case may be sent back for amendment):

(f)section 113 (appeal on point of law may be removed into Court of Appeal):

(g)section 123 (powers of Judge of High Court as to extension of time):

(h)Repealed.

(i)section 129 (abandonment of appeal):

(j)section 130 (presentation of case by party in custody):

(k)section 131 (power of High Court to direct rehearing of information or complaint):

(l)section 133 (dismissal of appeal for non-prosecution):

(m)section 134 (registrar to certify decision on appeal):

(n)section 136 (custody of person after determination of appeal):

(o)section 143 (no Court fees payable on appeal by person sentenced to detention):

(p)section 144 (appeal to Court of Appeal).

(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.

Cf 1999 No 55 s 69

PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on provision of assistance

114.
Refusal of assistance—

(3)To avoid doubt,—

(b)the restrictions on assistance specified in the Mutual Assistance in Criminal Matters Act 1992 do not apply in relation to a request by the ICC for assistance to which this Part applies.

PART 10 - REQUESTS TO ICC FOR ASSISTANCE

176.
Mutual Assistance in Criminal Matters Act 1992 applies to requests—

Part 2 of the Mutual Assistance in Criminal Matters Act 1992 applies, with any necessary modifications, in relation to the request for assistance of the kind specified in that Act, and any assistance provided as a result, as if the ICC were a foreign country within the meaning of that Act, subject to any contrary provision in the Statute or the Rules.

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.