PART 4 - ARREST AND SURRENDER OF PERSON TO ICC
Eligibility for surrender
43.
Determination of eligibility for surrender—
(1)If a person is brought before a District Court under this Part, the District Court must determine whether the person is eligible for surrender in relation to the international crime or crimes for which surrender is sought.
(2)Subsection (1) applies subject to sections 38 and 45.
(3)The person is eligible for surrender if—
(a)a warrant for the arrest of the person issued by the ICC or a judgment of conviction for an international crime given by the ICC has been produced to the District Court; and
(b)the District Court is satisfied that the person is the person to whom the warrant or judgment relates; and
(c)the District Court is satisfied that the person was arrested in accordance with the proper process as provided in article 59(2)(b) of the Statute; and
(d)the District Court is satisfied that the person's rights were respected as provided in article 59(2)(c) of the Statute.
(4)Neither subsection (3)(c) nor subsection (3)(d) applies unless the person puts the matter at issue.
(5)Despite subsection (3), the person is not eligible for surrender if the person satisfies the District Court that a mandatory restriction on the surrender of the person specified in section 55(1) applies.
(6)Despite subsection (3), in the proceedings under this section,—
(a)the person to whom the proceedings relate is not entitled to adduce, and the District Court is not entitled to receive, evidence to contradict an allegation that the person has engaged in conduct that constitutes the offence for which the surrender is sought; and
(b)in the case of a person accused of an offence, nothing in this section requires evidence to be produced or given at the hearing to establish, according to the law of New Zealand, that the trial of the person would be justified if the conduct constituting the offence had occurred within the jurisdiction of New Zealand.
Cf 1999 No 55 s 45; Statute, article 59(2)
44.
Adjournment of hearing—
(1)The District Court may adjourn the hearing for such period as it considers reasonable to allow a deficiency or deficiencies to be remedied if—
(a)a document or documents containing a deficiency or deficiencies of relevance to the proceedings are produced; and
(b)the District Court considers the deficiency or deficiencies to be of a minor nature.
(2)Subsection (1) does not limit the circumstances in which the District Court may adjourn a hearing.
EDIT.