PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Eligibility for surrender

46.
Procedure following determination on eligibility or consent to surrender—

(4)If the District Court is not satisfied that the person is eligible for surrender, it must discharge the person, unless under section 69 it orders that the person continue to be detained or issues a warrant for the arrest and detention of the person, pending the determination of an appeal under section 67.

Cf 1999 No 55 s 46

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on surrender

56.
Postponement of execution of request for surrender—

(5)If no decision on the execution of the request for surrender is made within 6 months after the date of the Minister's decision to postpone the execution of the request, the person may apply to a Judge of the High Court to be discharged.

(6)If an application to be discharged is made under subsection (5), the Judge may, on proof that reasonable notice of the intention to make the application has been given to the Minister, unless sufficient cause is shown against the discharge,—

(a)discharge any order made under this Act:

(b)order the discharge of the person from the place where the person is detained, if the person is not liable to be detained under any other order for detention.

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Discharge of person

73.
Discharge of person if Minister declines to order surrender—

If the Minister determines under section 47 that the person is not to be surrendered, the person must be discharged from custody immediately unless the person is subject to any other order for detention.

Cf 1999 No 55 s 35

74.
Discharge of person if not surrendered within 2 months—

(1)This section applies if a person is not surrendered and conveyed out of New Zealand under a surrender order or a temporary surrender order made under this Part within 2 months—

(a)after the date of the issue of the warrant for the detention of the person under section 46 pending surrender, if no appeal or application for review or habeas corpus, in respect of a determination under this Act, or any appeal from such an appeal or application, is pending; or

(b)if an appeal, or an application for review or habeas corpus, in respect of a determination under this Act, or any appeal from such an appeal or application, is pending, after the date that the proceedings are finally determined; or

(c)if a surrender order is made under section 48, after the date that the order takes effect.

(2)If this section applies, the person may apply to a Judge of the High Court to be discharged.

(3)If an application to be discharged is made under subsection (2), the Judge may, on proof that reasonable notice of the intention to make the application has been given to the Minister, unless sufficient cause is shown against the discharge,—

(a)discharge the surrender order or temporary surrender order, as the case may be; and

(b)order the discharge of the person from the place where the person is detained, if the person is not liable to be detained under any other order for detention.

Cf 1999 No 55 s 36

75.
Discharge of person if not resurrendered—

(1)If a person has been surrendered under a temporary surrender order made under section 49, nothing in section 74 prevents an order being made under section 51.

(2)Subsection (3) applies if an order is made under section 51 and the person is not surrendered and conveyed out of New Zealand under this Part within 2 months after the date that the person ceases to be liable to be detained under the sentence of imprisonment imposed by a New Zealand court.

(3)If this subsection applies, the person may apply to a Judge of the High Court to be discharged.

(4)If an application to be discharged is made under subsection (3), the Judge may, on proof that reasonable notice of the intention to make the application has been given to the Minister, unless sufficient cause is shown against the discharge,—

(a)discharge the surrender order; and

(b)order the discharge of the person from the place where the person is detained, if the person is not liable to be detained under any other order for detention.

Cf 1999 No 55 s 37

76.
Discharge of person under this Part does not preclude further proceedings—

To avoid doubt, the discharge of a person under any provision of this Part does not preclude further proceedings under this Act, whether or not they are based on the same conduct, to surrender the person to the ICC.

Cf 1999 No 55 s 38; Statute, article 92(4)

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Miscellaneous provisions relating to arrest and surrender

78.
Disposal of property seized—


(3)If a person is discharged under this Act without being surrendered or temporarily surrendered, the Minister may direct that any thing seized under section 77 be returned to the person from whom it was seized.

Article 92
Provisional arrest
3. A person who is provisionally arrested may be released from custody if the requested State
has not received the request for surrender and the documents supporting the request as specified in
article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the
person may consent to surrender before the expiration of this period if permitted by the law of the
requested State. In such a case, the requested State shall proceed to surrender the person to the
Court as soon as possible.