Part 7
Miscellaneous
57 Attorney-General may decline to comply with request in certain cases
The Attorney-General may decline to comply with a request to which section 21, 29, 30, 31, 35, or 41 applies where, in the Attorney-General's opinion,—
(a) to comply with the request would prejudice the sovereignty, security, or national interests of New Zealand ; or
(b) the request relates to the prosecution of a person for an offence in a case where the person has been tried by a national court or authority, whether in New Zealand or elsewhere, in respect of that offence or for another offence constituted by the same act or omission except where the Tribunal is exercising jurisdiction because
(i) the act or omission for which the person has been tried was characterised as an ordinary offence under the law of the country where the trial took place ; or
(ii) the proceedings in the national court or authority were—
(A) not impartial or independent ; or
(B) designed to shield the person from inter-national criminal responsibility ; or
(C) not diligently prosecuted.
(c) the request is for assistance of a kind that would require steps to be taken for its implementation that could not be lawfully taken ; or
(d) there are some other exceptional circumstances that justify non-compliance with the request.
Refusal of ICC request
Competent national authority
Competent national judicial authority
EDIT.