Part 1
Jurisdiction

8A Jurisdiction in respect of certain persons with diplomatic or consular immunity

(1) This section applies to every person who is—

(a) a head of mission or head of post within the meaning of the Foreign Affairs Act 1988; or

(b) a person who is on overseas service pursuant to section 6 of the Foreign Affairs Act 1988; or

(c) a New Zealand citizen ordinarily resident in New Zealand and who is—
(i) a member of the family of a person described in paragraph (a) or paragraph (b); or
(ii) a member of the staff of a New Zealand overseas post or a New Zealand overseas mission, whether or not an officer or employee of the Ministry of Foreign Affairs and Trade or a person employed under section 10 of the Foreign Affairs Act 1988; or
(iii) an officer or employee of the State services (as defined in section 2(1) of the State Sector Act 1988), or of New Zealand Trade and Enterprise (as established by the New Zealand Trade and Enterprise Act 2003), who is serving in a New Zealand overseas post or a New Zealand overseas mission.

(2) Where—

(a) any person to whom this section applies does, or omits to do, any act outside New Zealand (whether or not the act or omission concerned constitutes an offence under the laws in force in the place where it took place) that, if done or omitted within New Zealand would constitute an offence punishable by imprisonment for 1 year or more; and

(b) that person has immunity from criminal jurisdiction in the place where that act or omission took place; and

(c) that immunity has not been waived (otherwise than to any extent necessary to enable the extradition of that person),—

that act or omission shall be deemed to have taken place within New Zealand.

(3) No charging document may be filed against any person over whom jurisdiction is claimed by virtue of subsection (2) with¬out the leave of the Attorney-General.

(4) Subsection (5) applies to any offence before a charging document may be filed in respect of which the consent of the At-torney-General is required by subsection (3).

(5) Where any person is alleged to have committed an offence to which this subsection applies,—

(a) he may be arrested; or

(b) a warrant for his arrest may be issued and executed,— and he may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General has not been obtained to the filing of a charging document in respect of that offence;

but no further proceedings shall be taken until that consent has been obtained.

Article 98
Cooperation with respect to waiver of immunity and consent to surrender
1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.
2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.