Part 3
Other forms of assistance to a Tribunal

Giving evidence at hearings, or assisting in investigations, in foreign countries

30 Person other than offender giving evidence or assisting

(1) This section applies where—

(a) a Tribunal makes a request to the Attorney-General for the attendance of a person
(i) at a hearing in a foreign country in connection with a proceeding before the Tribunal ; or
(ii) in a foreign country to assist an investigation being conducted by the Tribunal ; and

(b) the person is in New Zealand and is not a person described in section 31(1 )(b).

(2) Where, on receipt of a request to which this section applies, the Attorney-General is satisfied—

(a) that the proceeding or investigation relates to a Tribunal offence ; and
(b) that there are reasonable grounds to believe that the person can give evidence relevant to the proceeding or as¬sist the investigation ; and
(c) that the person has freely consented to giving evidence or assisting in the foreign country ; and
(d) that the Tribunal has given, to the extent, if any, required by the Attorney-General, an adequate undertaking in respect of the matters specified in section 33,—

the Attorney-General may, subject to section 57, authorise, in writing, assistance to the Tribunal in accordance with this section and may assist in the making of arrangements to facilitate that attendance.

31 Offender giving evidence or assisting

(1) This section applies where—

(a) a Tribunal has made a request to the Attorney-General for the attendance of a person
(i) at a hearing in a foreign country in connection with a proceeding before the Tribunal ; or
(ii) in a foreign country to assist an investigation be¬ing conducted by the Tribunal ; and

(b) the person is in New Zealand and is —
(i) a prisoner ; or
(ii) on parole, home detention, or compassionate release, or is subject to release conditions, under Part 1 of the Parole Act 2002 ; or
(iii) subject to a sentence of home detention imposed under section 80A of the Sentencing Act 2002 ; or
(iv) at large pursuant to section 62 of the Corrections Act 2004 ; or
(v) subject to a community-based sentence (within the meaning of section 4(1) of the Sentencing Act 2002).

(2) Where, on receipt of a request to which subsection (1) applies, the Attorney-General is satisfied—

(a) that the proceeding or investigation relates to a Tribunal offence ; and
(b) that there are reasonable grounds to believe that the person can give evidence relevant to the proceeding or assist the investigation ; and
(c) that the person has freely consented to giving evidence or assisting in the foreign country ; and
(d) that the Tribunal has given, to the extent, if any, required by the Attorney-General, adequate undertakings in respect of the matters referred to in section 33,—

the Attorney-General may, subject to section 57, authorise the travel of the person to a foreign country in accordance with this section.

(3) Where travel by a person to a foreign country is authorised in accordance with subsection (2), the Attorney-General may,—

(a) in the case of a person who is a prisoner, direct that the prisoner be released from the prison in which that per-son is detained for the purpose of travelling to the foreign country to give evidence at the hearing, and may make arrangements for the prisoner to travel to the for-eign country in the custody of a constable or a prison officer:
(b) in the case of any other person to which this section applies, approve and arrange the travel of the person to the foreign country to give evidence at the hearing, and may obtain such approvals, authorities, and permissions as are required for the purpose, including the variation, discharge, or suspension of the conditions of the person's release, or the variation, cancellation, or suspension of the person's sentence, or of the conditions of the person's sentence.

(4) A direction given, pursuant to subsection (3)(a), by the Attorney-General in respect of a prisoner shall be sufficient authority for the release of the prisoner from the prison in which he or she is detained for the purposes of the direction.

(5) Every person released under a direction given pursuant to sub-section (3)(a) shall, while that person is in New Zealand dur¬ing the period of that release, be deemed, for the purposes of section 120 of the Crimes Act 1961 (which relates to escaping from lawful custody) and for that purpose only, to continue to be in legal custody for the time being under the Corrections Act 2004.

32 Effect of removal to foreign country on prisoner's sentence

Where a prisoner who is serving a sentence for an offence against the law of New Zealand is released from a New Zealand prison pursuant to a request by a Tribunal under section 31, the prisoner shall, while in custody in connection with the request (including custody outside New Zealand), be deemed to be continuing to serve that sentence.

33 Undertakings relating to persons giving evidence or assisting

(1) Where a Tribunal makes a request to the Attorney-General for the attendance of a person to whom section 31 applies or a person to whom section 30 applies to give evidence or assist, the Attorney-General shall seek from the Tribunal an undertaking—

(a) that the person will only be required to give evidence or assistance in relation to the Tribunal offence specified in the request ; and
(b) that any evidence given by the person will not be used in any proceeding other than the proceeding to which the Tribunal offence relates ; and
(c) that the person will be returned to New Zealand as soon as practicable in accordance with arrangements agreed to by the Attorney-General.

(2) In a case where the request relates to a person who is a pris-oner, and the Attorney-General requests the Tribunal to make arrangements for the keeping of the prisoner in custody while the prisoner is in the foreign country, the Tribunal shall also give, to the extent, if any, required by the Attorney-General, the following undertakings :

(a) that appropriate arrangements will be made for that purpose:
(b) that the prisoner will not be released from custody in the foreign country without the prior approval of the Attorney-General:
(c) that if the prisoner is released in accordance with paragraph (b), the prisoner's accommodation and expenses will be paid for by the Tribunal until the Tribunal decides that the person is no longer required to give evidence in the proceeding, or to assist the investigation, to which the request relates.

Article 64
Functions and powers of the Trial Chamber

1. The functions and powers of the Trial Chamber set out in this article shall be exercised in accordance with this Statute and the Rules of Procedure and Evidence.

2. The Trial Chamber shall ensure that a trial is fair and expeditious and is conducted with full respect for the rights of the accused and due regard for the protection of victims and witnesses.

3. Upon assignment of a case for trial in accordance with this Statute, the Trial Chamber assigned to deal with the case shall:
(a) Confer with the parties and adopt such procedures as are necessary to facilitate the fair and expeditious conduct of the proceedings;
(b) Determine the language or languages to be used at trial; and
(c) Subject to any other relevant provisions of this Statute, provide for disclosure of documents or information not previously disclosed, sufficiently in advance of the commencement of the trial to enable adequate preparation for trial.

4. The Trial Chamber may, if necessary for its effective and fair functioning, refer preliminary issues to the Pre-Trial Chamber or, if necessary, to another available judge of the Pre-Trial Division.

5. Upon notice to the parties, the Trial Chamber may, as appropriate, direct that there be joinder or severance in respect of charges against more than one accused.

6. In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary:
(a) Exercise any functions of the Pre-Trial Chamber referred to in article 61, paragraph 11;
(b) Require the attendance and testimony of witnesses and production of documents and other evidence by obtaining, if necessary, the assistance of States as provided in this Statute;
(c) Provide for the protection of confidential information;
(d) Order the production of evidence in addition to that already collected prior to the trial or presented during the trial by the parties;
(e) Provide for the protection of the accused, witnesses and victims; and
(f) Rule on any other relevant matters.

7. The trial shall be held in public. The Trial Chamber may, however, determine that special circumstances require that certain proceedings be in closed session for the purposes set forth in article 68, or to protect confidential or sensitive information to be given in evidence.

8. (a) At the commencement of the trial, the Trial Chamber shall have read to the accused the charges previously confirmed by the Pre-Trial Chamber. The Trial Chamber shall
35
satisfy itself that the accused understands the nature of the charges. It shall afford him or her the opportunity to make an admission of guilt in accordance with article 65 or to plead not guilty.
(b) At the trial, the presiding judge may give directions for the conduct of proceedings, including to ensure that they are conducted in a fair and impartial manner. Subject to any directions of the presiding judge, the parties may submit evidence in accordance with the provisions of this Statute.

9. The Trial Chamber shall have, inter alia, the power on application of a party or on its own motion to:
(a) Rule on the admissibility or relevance of evidence; and
(b) Take all necessary steps to maintain order in the course of a hearing.

10. The Trial Chamber shall ensure that a complete record of the trial, which accurately reflects the proceedings, is made and that it is maintained and preserved by the Registrar.