PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE
Jurisdiction to try offences against administration of justice
14.
Jurisdiction in respect of offences against administration of justice—
Proceedings may be brought for an offence against any of sections 15 to 21 if—
(a)the act or omission constituting the offence charged is alleged to have occurred in New Zealand or on board a ship or aircraft that is registered in New Zealand; or
(b)the person charged is a New Zealand citizen.
Cf 1989 No 106 s 4; Statute, article 70(4)(a)
Offences against administration of justice
15.
Corruption of Judge—
(1)Every Judge is liable on conviction on indictment to imprisonment for a term not exceeding 14 years who, in New Zealand or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for himself or herself or any other person in respect of an act—
(a)done or omitted by that Judge in his or her judicial capacity; or
(b)to be done or to be omitted by that Judge in his or her judicial capacity.
(2)Every Judge, the Registrar, and the Deputy Registrar is liable on conviction on indictment to imprisonment for a term not exceeding 7 years if, in New Zealand or elsewhere, that Judge, Registrar, or Deputy Registrar corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for himself or herself or any other person in respect of an act—
(a)done or omitted by that Judge, Registrar, or Deputy Registrar, in his or her official capacity (other than an act or omission to which subsection (1) applies); or
(b)to be done or omitted by that Judge, Registrar, or Deputy Registrar, in his or her official capacity (other than an act or omission to which subsection (1) applies).
(3)In this section and in sections 16 and 21,—
"Deputy Registrar'' means the Deputy Registrar of the ICC
"Judge'' means a Judge of the ICC
"Registrar'' means the Registrar of the ICC.
(4)In this section and in sections 16 and 17, ``bribe'' has the same meaning as it has in section 99 of the Crimes Act 1961.
Cf 1961 No 43 s 100
16.
Bribery of Judge, etc—
(1)Every person is liable on conviction on indictment to imprisonment for a term not exceeding 7 years who, in New Zealand or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence a Judge in respect of any act or omission by that Judge in his or her judicial capacity.
(2)Every person is liable on conviction on indictment to imprisonment for a term not exceeding 5 years who, in New Zealand or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence a Judge or the Registrar or the Deputy Registrar in respect of an act or omission by that Judge, Registrar, or Deputy Registrar in his or her official capacity (other than an act or omission to which subsection (1) applies).
Cf 1961 No 43 s 101
17.
Corruption and bribery of official of ICC—
(1)Every official of the ICC is liable to imprisonment on conviction on indictment for a term not exceeding 7 years who, in New Zealand or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for himself or herself or any other person in respect of an act—
(a)done or omitted by that officer in his or her official capacity; or
(b)to be done or omitted by that officer in his or her official capacity.
(2)Every person is liable on conviction on indictment to imprisonment for a term not exceeding 3 years who, in New Zealand or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence an official of the ICC in respect of an act or omission by that officer in his or her official capacity.
(3)In this section and in section 21, an ``official of the ICC'' means a person employed under article 44 of the Statute.
Cf 1961 No 43 s 105
18.
False evidence—
(1)Every person who gives evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC that contains an assertion that, if made in a judicial proceeding in New Zealand as evidence on oath, would be perjury, gives false evidence.
(2)A person is liable on conviction on indictment to imprisonment for a term not exceeding 7 years who, in New Zealand or elsewhere, gives false evidence.
(3)Despite subsection (2), if the false evidence is given in order to obtain the conviction of a person for an offence for which the maximum punishment is not less than 3 years' imprisonment, the punishment may be imprisonment for a term not exceeding 14 years.
Cf 1961 No 43 s 109
19.
Fabricating evidence before ICC—
Every person is liable on conviction on indictment to imprisonment for a term not exceeding 7 years who, in New Zealand or elsewhere, with intent to mislead the ICC, fabricates evidence by any means other than the giving of false evidence.
Cf 1961 No 43 s 113
20.
Conspiracy to defeat justice in ICC—
Every person is liable on conviction on indictment to imprisonment for a term not exceeding 7 years who, in New Zealand or elsewhere, in relation to any proceedings, request, or other matter referred to in the Statute, conspires to obstruct, prevent, pervert, or defeat the course of justice.
Cf 1961 No 43 s 116
21.
Interference with witnesses or officials—
Every person is liable on conviction on indictment to imprisonment for a term not exceeding 7 years who, in New Zealand or elsewhere,—
(a)dissuades or attempts to dissuade any person, by threats, force, bribery or other means, from giving evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC; or
(b)makes threats or uses force against any Judge, the Registrar, the Deputy Registrar, or any official of the ICC with intent to influence or punish that person, in respect of an act—
(i)done or omitted by that person or any Judge, the Registrar, the Deputy Registrar, or any official of the ICC, in his or her official capacity; or
(ii)to be done or omitted by that person or any Judge, the Registrar, the Deputy Registrar, or any official of the ICC, in his or her official capacity; or
(c)intentionally attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice, in relation to any proceedings, request, or other matter referred to in the Statute.
Cf 1961 No 43 s 117
Consent to prosecutions for offences against administration of justice
22.
Attorney-General's consent to prosecutions required—
(1)Proceedings for an offence against any of sections 15 to 21 may not be instituted in any New Zealand court without the consent of the Attorney-General.
(2)Despite subsection (1), a person charged with an offence against any of sections 15 to 21 may be arrested, or a warrant for his or her arrest may be issued and executed, and the person may be remanded in custody or on bail, even though the consent of the Attorney-General to the institution of a prosecution for the offence has not been obtained, but no further proceedings can be taken until that consent has been obtained.
Cf 1989 No 106 s 12
Co-operation relating to offences against administration of justice
23.
Co-operation relating to offences against administration of justice—
(1)If the ICC makes a request for assistance in an investigation or proceeding involving an offence against the administration of justice, that request must be dealt with,—
(a)in the case of a request for surrender, in the manner provided in Parts 3 and 4, and those Parts apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules; and
(b)in the case of a request for enforcement of an order requiring reparation or the payment of a fine or a forfeiture order, in the manner provided in Parts 3 and 6, and those Parts apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules; and
(c)in the case of a request for transit, in the manner provided in sections 136 to 138 and 150 to 156, and those sections apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules; and
(d)in the case of a request for any other type of assistance, in the manner provided in Parts 3 and 5, and those Parts and, if applicable, Part 8, apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules.
(2)In addition to the grounds of refusal or postponement specified in Parts 4 and 5, a request for surrender or other assistance that relates to an offence involving the administration of justice may be refused if, in the opinion of the Minister of Justice or Attorney-General, as the case may be, there are exceptional circumstances that would make it unjust or oppressive to surrender the person or give the assistance requested.
Cf Statute, article 70(2)
Offences against administration of justice
EDIT.