PART 3 - GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE
28.
Consultation—
(1)The Attorney-General or the Minister, as the case may be, must consult with the ICC, without delay, if—
(a)a request for assistance is received from the ICC that does not contain or is not accompanied by the appropriate information or the appropriate documents specified in articles 87, 91, 92, 93, or 96 of the Statute; or
(b)the ICC has not provided sufficient information for a request for assistance to be executed; or
(c)in the case of a request for surrender,—
(i)the person sought cannot be located in New Zealand; or
(ii)it appears that the person in New Zealand is clearly not the person named in the warrant or judgment, as the case may be; or
(d)execution of a request for assistance in its current form would require the breach of an existing treaty obligation to another State; or
(e)for any other reason there are or may be difficulties with the execution of a request for assistance received from the ICC.
(2)Before refusing any request for assistance, the Attorney-General or the Minister, as the case may be, must consult with the ICC to ascertain whether the assistance sought could be provided—
(a)subject to conditions; or
(b)at a later date or in an alternative manner.
(3)Without limiting the types of conditions under which assistance may be provided, the Attorney-General may agree to the transmission of documents or information to the Prosecutor on a confidential basis, on the condition that the Prosecutor will use them solely for the purpose of generating new evidence.
(4)If the Attorney-General transmits documents or information subject to the condition specified in subsection (3), the Attorney-General may subsequently consent to the disclosure of such documents or information for use as evidence under the provisions of Parts 5 and 6 of the Statute and in accordance with the Rules.
EDIT.