PART 6 - ENFORCEMENT OF PENALTIES

Orders relating to victim reparation

124.
Assistance with enforcement of orders for victim reparation—

(1)This section applies if—

(a)the ICC—

(i)makes an order under article 75 of the Statute requiring reparation; and

(ii)requests that the order be enforced in accordance with article 109 of the Statute; and

(b)neither the conviction in respect of which the order was imposed nor the order requiring reparation is subject to further appeal.

(2)The Attorney-General may give authority for the request to proceed if he or she is satisfied that the order—

(a)requires reparation; and

(b)is of a kind that can be enforced in the manner provided in this section.

(3)If the Attorney-General gives authority for the request to proceed,—

(a)the Attorney-General must refer the request to the appropriate New Zealand agency; and

(b)that agency must, without delay,—

(i)in a case where the order requires a monetary payment, take such steps as are necessary to enforce the order as if it were a sentence of reparation imposed under [section 32 of the Sentencing Act 2002]; or

(ii)in a case where the order requires the restitution of assets, property or other tangible items, take such steps as are necessary to enforce the order as if it were an order for the restitution of property made under section 404(1) of the Crimes Act 1961; or

(iii)in a case where the order requires another remedy, take such steps as are necessary to enforce the order as if it were enforceable under Part 6 of the High Court Rules; and

(c)that agency must, without delay, make such report to the Attorney-General on the results of any action taken as it considers to be appropriate in the circumstances.

(4)For the purposes of this section,—

(a)[section 145 of the Sentencing Act 2002] and Part 3 of the Summary Proceedings Act 1957 (which relate, respectively, to the enforcement of a sentence of reparation and the enforcement of fines) apply with any necessary modifications to an order of the ICC for monetary payment as if it were an order of the District Court made in summary proceedings; and

(b)Part 6 of the High Court Rules apply, with any necessary modifications, to an order referred to in subsection (3)(b)(iii).

(5)Despite subsection (4), an order may not be made under Part 3 of the Summary Proceedings Act 1957—

(a)imposing a sentence for non-payment of an order of the ICC requiring monetary payment; or

(b)modifying an order of the ICC made under article 75 of the Statute, without the prior agreement of the ICC; or

(c)remitting or directing that no further steps be taken to enforce all or any part of a sum of money due under an order made by the ICC, without the prior agreement of the ICC.

(6)Nothing in this section limits or affects the provision of other types of assistance to the ICC in relation to an order made under article 75 of the Statute.

Cf Statute, articles 75(5) and (6), 109(1)

Article 75
Reparations to victims
1. The Court shall establish principles relating to reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. On this basis, in its decision the Court may, either upon request or on its own motion in exceptional circumstances, determine the scope and extent of any damage, loss and injury to, or in respect of, victims and will state the principles on which it is acting.
2. The Court may make an order directly against a convicted person specifying appropriate reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. Where appropriate, the Court may order that the award for reparations be made through the Trust Fund provided for in article 79.
3. Before making an order under this article, the Court may invite and shall take account of representations from or on behalf of the convicted person, victims, other interested persons or interested States.
4. In exercising its power under this article, the Court may, after a person is convicted of a crime within the jurisdiction of the Court, determine whether, in order to give effect to an order which it may make under this article, it is necessary to seek measures under article 93, paragraph 1.
5. A State Party shall give effect to a decision under this article as if the provisions of article 109 were applicable to this article.
6. Nothing in this article shall be interpreted as prejudicing the rights of victims under national or international law.

Article 109
Enforcement of fines and forfeiture measures
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.