PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Consent to prosecutions for international crimes

13.
Attorney-General's consent to prosecutions required—

(1)Proceedings for an offence against section 9 or section 10 or section 11 may not be instituted in any New Zealand court without the consent of the Attorney-General.

(2)Despite subsection (1), a person charged with an offence against section 9 or section 10 or section 11 may be arrested, or a warrant for his or her arrest may be issued and executed, and the person may be remanded in custody or on bail, even though the consent of the Attorney-General to the institution of a prosecution for the offence has not been obtained, but no further proceedings can be taken until that consent has been obtained.

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Consent to prosecutions for offences against administration of justice

22.
Attorney-General's consent to prosecutions required—

(2)Despite subsection (1), a person charged with an offence against any of sections 15 to 21 may be arrested, or a warrant for his or her arrest may be issued and executed, and the person may be remanded in custody or on bail, even though the consent of the Attorney-General to the institution of a prosecution for the offence has not been obtained, but no further proceedings can be taken until that consent has been obtained.

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Arrest where request for surrender received

33.
Minister to request issue of arrest warrant—

(1)If a request for surrender is received, other than a request for provisional arrest referred to in section 32(2), the Minister may notify a District Court Judge in writing that it has been made and request that the Judge issue a warrant for the arrest of the person whose surrender is sought.

(2)If a notice is sent to a Judge under subsection (1), the Minister must also send to the Judge a copy of the request and supporting documents.

(3)The Minister may, if the Minister thinks fit, refuse to notify a District Court Judge under this section.

Cf 1995 No 27 s 6; 1999 No 55 s 19(1) and (3); Statute, article 59(1)

34.
Issue of arrest warrant—

After receiving a request under section 33, the District Court Judge must issue a warrant in the prescribed form for the arrest of the person if the Judge is satisfied on the basis of information presented to him or her that—

(a)the person is or is suspected of being in New Zealand or may come to New Zealand; and

(b)there are reasonable grounds to believe that that person is the person to whom the request for surrender from the ICC relates.

Cf 1995 No 27 s 7; 1999 No 55 s 19(2)

35.
Cancellation of warrant—

(1)The Minister may, at any time, by notice in writing, order the cancellation of the warrant.

(2)If the Minister orders the cancellation of a warrant under subsection (1), the warrant ceases to have effect and any person arrested under the warrant must be released, unless the person is otherwise liable to be detained in custody.

Cf 1995 No 27 s 8

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Provisional arrest in urgent cases

36.Provisional arrest warrant may be issued—

(1)A District Court Judge may issue a provisional warrant in the prescribed form for the arrest of a person if the Judge is satisfied on the basis of the information presented to him or her that—

(a)a warrant for the arrest of a person has been issued by the ICC or, in the case of a convicted person, a judgment of conviction has been given in relation to an international crime; and

(b)the person named in the warrant or judgment is or is suspected of being in New Zealand or may come to New Zealand; and

(c)it is necessary or desirable for an arrest warrant to be issued urgently.

(2)A warrant may be issued under this section even though no request for surrender has yet been made or received from the ICC.

Cf 1999 No 55 s 20; Statute, article 92

37.
Notice to be given to Minister—

(1)If a District Court Judge issues a provisional arrest warrant under section 36, the applicant for the warrant must report the issue of the warrant to the Minister without delay.

(2)The applicant must include in the report to the Minister a copy of the warrant issued by the ICC, or the judgment of conviction, as applicable, and the other documentary evidence that the applicant produced to the Judge.

(3)On receipt of the report under subsection (1), the Minister may, if the Minister thinks fit, order that the proceedings be discontinued.

(4)If the Minister orders that the proceedings be discontinued, the Minister may cancel any warrant of arrest and order the discharge of any person arrested under the warrant.

(5)The Minister must notify the District Court of any action taken under subsection (3) or subsection (4).

Cf 1999 No 55 s 21

38.
Procedure where provisional arrest warrant issued—

(1)If a person has been arrested on a provisional arrest warrant issued under section 36, the following provisions apply:

(a)the hearing of the proceedings must not proceed until the District Court receives from the Minister a notice in writing stating that a request for the surrender of the person has been transmitted to the Minister in the manner specified in section 25:

(b)pending the receipt of the notice from the Minister, the proceedings may from time to time be adjourned:

(c)the District Court must set a date by which the notice is to be transmitted to it, which must be a reasonable time having regard to—

(i)any provision in the Rules that prescribes the maximum period for transmission by the ICC of the request and supporting documents to the requested State:

(ii)if there is no such provision, the time it is likely to take for the ICC to prepare and transmit the request and supporting documents to New Zealand:

(iii)the time it is likely to take for the Minister to consider the request after receipt and for the notice to be transmitted to the District Court:

(d)if the District Court does not receive the notice within the time fixed by the District Court under paragraph (c), and does not extend that time under subsection (2), the District Court must discharge the person.

(2)The District Court may, from time to time, in its discretion, extend any time fixed by it under subsection (1)(c).

Cf 1999 No 55 s 23(4); Statute, article 92(1)


Remand and bail

39.
Procedure following arrest—

(1)A person arrested on a warrant issued under section 34 or section 36 must, unless sooner discharged, be brought before a District Court as soon as possible.

(2)The person—

(a)is not entitled to bail as of right; and

(b)may not go at large without bail.

[(3)If the District Court remands the person on bail, the District Court may impose any conditions of bail that the District Court thinks fit in addition to any conditions that the District Court may impose under section 31(1) to (3) of the Bail Act 2000 (as applied by section 49 of that Act).]

(4)Without limiting the other factors that may be taken into account in making a decision to grant bail, the District Court must have regard to the following:

(a)the gravity of the alleged crimes:

(b)whether there are urgent and exceptional circumstances that favour the grant of bail; and

(c)whether necessary safeguards exist to ensure that New Zealand can fulfil its duty under the Statute to surrender the person to the ICC.

(5)Without limiting the other factors that may be taken into account in making a decision to grant bail, the District Court may not consider whether any warrant of arrest or judgment issued by the ICC was properly issued in accordance with the Statute.
Cf 1999 No 55 s 23(1)-(3); Statute, article 59(2)-(4)

40.
Procedure for bail—

(1)If an application for bail is made, the Minister must notify the ICC which may make recommendations to the Minister that must be conveyed to the District Court that is considering the application.

(2)Before rendering its decision, the District Court must consider any recommendations that the ICC has made, including any recommendations on measures to prevent the escape of the person.

(3)If the person is granted bail, the Minister must, if the ICC requests, provide periodic reports to the ICC on the person's bail status.

(4)This section applies with any necessary modifications to any bail application made during the period until the person is surrendered to the ICC or discharged according to law.

Cf 1999 No 55 s 44(1)-(3); Statute, article 59(2)-(6)

41.
Powers of District Court—

(1)In proceedings under this Part, except as expressly provided in this Act or in regulations made under section 179 or section 180,—

(a)a District Court has the same jurisdiction and powers, and must conduct the proceedings in the same manner, as if the person were charged with a summary offence alleged to have been committed within the jurisdiction of New Zealand; and

(b) the following provisions apply to the proceedings, so far as applicable and with the necessary modifications:
(i) Part 2 and sections 203, 204, and 206 of the Sum¬mary Proceedings Act 1957:
(ii) Parts 1 (except sections 9 to 12), 2, and 3 of the Bail Act 2000:
(iii) sections 38 to 44 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 .

(2)Despite section 4 of the Summary Proceedings Act 1957, a District Court presided over by 1 or more Justices or 1 or more Community Magistrates does not have jurisdiction to conduct proceedings under this Part.

(3)Despite subsections [(1) and (2)] of section 46 of the Summary Proceedings Act 1957, a decision to remand a person in custody or on bail may be made only by a Judge.

(4)Repealed.

(5) Section 184T of the Summary Proceedings Act 1957 and sections 52 and 54 of the Bail Act 2000 apply, so far as applicable and with the necessary modifications, to a person who is detained under section 46 or section 49.

(6) To avoid doubt, if an application is made for the variation of conditions of bail of a person who is detained under section 46 or section 49, the procedure in section 40(1) and (2) applies.

Cf 1999 No 55 s 43

42.
Detention in place other than prison—

(1)This section applies if the District Court orders the detention of a person at any time under this Part.

(2)If the District Court concludes that detaining the person in prison would risk the person's life or health or be undesirable for any reason, the District Court may order that the person be held in custody—

(a)at the place where the person is for the time being; or

(b)at any other place that the District Court considers appropriate, having regard to the risk or reason involved.

(3)The person may be held as specified in subsection (2) until—

(a)the person can be detained in a prison without risk to that person's life or health; or

(b)the reason for not detaining the person in prison no longer applies; or

(c)the person is surrendered or discharged according to law.

(4)In making the order specified in subsection (2), the District Court must have regard to any recommendations that the ICC may make regarding the place of the person's detention.

Cf 1999 No 55 s 52; Statute, article 59(5)

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Miscellaneous provisions relating to arrest and surrender

77.
Search and seizure on arrest—

(1)If a person is arrested on a warrant issued under this Part, a con¬stable may search, without further warrant, the person arrested and may seize any thing, including any sum of money, found on the person or in the person’s possession if the constable be¬lieves on reasonable grounds that the thing on the person or in the person’s possession may be evidence as to the commission of any offence in relation to which the warrant to arrest was issued or for which the surrender of the person is sought by the ICC .

(2)If there is no suitable searcher available at the place where the search is to take place, the person to be searched may be taken to another place to be searched.

(3) Nothing in this section limits or affects the right at common law of a constable to search a person on that person’s arrest or any power under section 11 of the Search and Surveillance Act 2012.

(4) If any thing is seized under subsection (1) from the person arrested,—
(a) the constable must make a report to the Minister specifying the items seized and any other relevant information:
(b) the Minister must, on receipt of the report referred to in paragraph (a), provide the ICC with a report on the seizure


Cf 1999 No 55 s 82

78.
Disposal of property seized—

(1)If the Minister makes a surrender order or temporary surrender order under this Act, the Minister may also direct that any thing that was seized under section 77 that may be evidence of the offence the person is alleged to have committed or has committed be delivered with the person on the person's surrender to the ICC.

(2)If the person cannot be surrendered or temporarily surrendered by reason of the person's death or escape from custody, the Minister may direct that any thing that was seized under section 77 that may be evidence of the offence the person is alleged to have committed or has committed be delivered up to the ICC.

(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.

(4)The Minister may refuse to direct that any thing referred to in subsection (1) or subsection (2) be delivered to the ICC if the thing is required for the investigation of an offence within the jurisdiction of New Zealand.

(5)The Minister may refuse to direct that any thing referred to in subsection (3) be returned to the person if—

(a)the thing is the subject of a dispute as to who is entitled to it; or

(b)the thing is required for the investigation of an offence within the jurisdiction of New Zealand; or

(c)possession of the thing by the person would be unlawful in New Zealand.

Cf 1999 No 55 s 89

Article 59
Arrest proceedings in the custodial State
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.