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

Taking evidence and producing documents

85.
Protection of witnesses—

(1)The applicable law with respect to compelling a person to appear before Judge under section 83 or section 84 and to give evidence or answer questions, or to produce documents or other articles, is the law specified in subsection (2); and that law applies with any necessary modifications.

(2)For the purposes of subsection (1), the applicable law is the law of New Zealand that applies to the giving of evidence or the answering of questions or the production of documents or other articles on the hearing of a charge against a person for an offence against the law of New Zealand.

(3)Despite subsection (1), for the purposes of section 83 and section 84, the person to whom the investigation being conducted by the Prosecutor, or the proceeding before the ICC, relates is competent but not compellable to give evidence.

(4)Despite subsection (1), a person who is required under section 83 or section 84 to give evidence, or to produce documents or other articles, is not required to give any evidence, or to produce any document or article, that the person could not be compelled to give or produce in the investigation being conducted by the Prosecutor or the proceeding before the ICC.

(5)A person who is required under section 83 or section 84 to give evidence or to produce documents or other articles—

(a)has the same privileges in relation to the answering of questions and the production of documents or articles as if the investigation were being conducted in New Zealand or the proceeding were pending in a New Zealand court, as the case may be; and

(b)must be given a copy of any statement required to be given to a witness under the Rules in the manner and form required by the Rules.

(6)Subsections (4) and (5) apply subject to section 31 and any contrary provision in the Statute or the Rules.

Cf 1995 No 27 s 26

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

Protecting victims and witnesses and preserving evidence

110.
Protecting victims and witnesses and preserving evidence—

(1)This section applies if the ICC requests—

(a)assistance under article 93(1)(j) of the Statute in protecting victims and witnesses or preserving evidence:

(b)assistance under article 19(8), or paragraphs (2) or (3) of article 56, in preserving evidence.

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

(a)the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and

(b)the assistance sought is not prohibited by New Zealand law.

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

(a)the Attorney-General must—

(i)take such steps as the Attorney-General thinks appropriate in the particular case; and

(ii)forward the request to the appropriate New Zealand agency; and

(b)that agency must, without delay,—

(i)use its best endeavours to give effect to the request; and

(ii)make such report on its endeavours as it considers to be appropriate in the circumstances; and

(iii)deliver the report to the Attorney-General.

Cf Statute, articles 19(8), 56(2) and (3), 68, 93(1)(j)

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(j) The protection of victims and witnesses and the preservation of evidence