PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Co-operation relating to offences against administration of justice

23.
Co-operation relating to offences against administration of justice—

(1)If the ICC makes a request for assistance in an investigation or proceeding involving an offence against the administration of justice, that request must be dealt with,—

(a)in the case of a request for surrender, in the manner provided in Parts 3 and 4, and those Parts apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules; and

PART 3 - GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

Official capacity of suspect or accused no bar to request

31.
Official capacity of person no bar to request—

(1)The existence of any immunity or special procedural rule attaching to the official capacity of any person is not a ground for—

(b)holding that a person is ineligible for surrender, transfer, or removal to the ICC or another State under this Act; or

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Eligibility for surrender

43.
Determination of eligibility for surrender—

(1)If a person is brought before a District Court under this Part, the District Court must determine whether the person is eligible for surrender in relation to the international crime or crimes for which surrender is sought.

(2)Subsection (1) applies subject to sections 38 and 45.

(3)The person is eligible for surrender if—

(a)a warrant for the arrest of the person issued by the ICC or a judgment of conviction for an international crime given by the ICC has been produced to the District Court; and

(b)the District Court is satisfied that the person is the person to whom the warrant or judgment relates; and

(c)the District Court is satisfied that the person was arrested in accordance with the proper process as provided in article 59(2)(b) of the Statute; and

(d)the District Court is satisfied that the person's rights were respected as provided in article 59(2)(c) of the Statute.

(4)Neither subsection (3)(c) nor subsection (3)(d) applies unless the person puts the matter at issue.

(5)Despite subsection (3), the person is not eligible for surrender if the person satisfies the District Court that a mandatory restriction on the surrender of the person specified in section 55(1) applies.

(6)Despite subsection (3), in the proceedings under this section,—

(a)the person to whom the proceedings relate is not entitled to adduce, and the District Court is not entitled to receive, evidence to contradict an allegation that the person has engaged in conduct that constitutes the offence for which the surrender is sought; and

(b)in the case of a person accused of an offence, nothing in this section requires evidence to be produced or given at the hearing to establish, according to the law of New Zealand, that the trial of the person would be justified if the conduct constituting the offence had occurred within the jurisdiction of New Zealand.

Cf 1999 No 55 s 45; Statute, article 59(2)

44.
Adjournment of hearing—

(1)The District Court may adjourn the hearing for such period as it considers reasonable to allow a deficiency or deficiencies to be remedied if—

(a)a document or documents containing a deficiency or deficiencies of relevance to the proceedings are produced; and

(b)the District Court considers the deficiency or deficiencies to be of a minor nature.

(2)Subsection (1) does not limit the circumstances in which the District Court may adjourn a hearing.

Article 89
Surrender of persons to the Court
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
3. (a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.
(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:
(i) A description of the person being transported;
(ii) A brief statement of the facts of the case and their legal characterization; and
(iii) The warrant for arrest and surrender;
(c) A person being transported shall be detained in custody during the period of transit;
(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.