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

Article 59
Arrest proceedings in the custodial State
1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.