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

Other types of assistance

113.
Request for other types of assistance—

(4)If the Attorney-General considers that the assistance sought cannot lawfully be provided, the Attorney-General must, before refusing the request, and in accordance with article 93(5) of the Statute,—

(a)consult with the ICC:

(b)consider whether the assistance can be provided subject to conditions or whether it can be provided at a later date or in an alternative manner.

Cf 1995 No 27 s 56; Statute, article 93(1)(l), (2), and (5)

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

Restrictions on provision of assistance

114.
Refusal of assistance—

(1)The Attorney-General must refuse a request by the ICC for assistance to which this Part applies if—

(a)the ICC does not accept the conditions or other modifications suggested in order to implement the request as contemplated by article 93(5) of the Statute and section 113(4); or

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

Restrictions on provision of assistance

115.
Postponement of execution of assistance—

(1)The Attorney-General may postpone the execution of a request for assistance under this Part if, and only if,—

(d)the request is for assistance under article 93(1)(l) of the Statute and is one to which section 113(4) applies; or

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

Restrictions on provision of assistance

116.
Procedure if execution of assistance precluded under New Zealand law—

If the execution of a particular measure of assistance specified in a request to which this Part applies is prohibited in New Zealand, despite any other provision in this Part, the Attorney-General must—

(a)consider whether the assistance can be provided in another manner or subject to conditions; and

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

Restrictions on provision of assistance

117.
Postponement where ongoing investigation or prosecution—

(3)Before making a decision to postpone the execution of a request, the Attorney-General must consider whether the assistance could be provided immediately subject to certain conditions.

Article 93
Other forms of cooperation
5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.