PART 4 - ARREST AND SURRENDER OF PERSON TO ICC
Restrictions on surrender
56.
Postponement of execution of request for surrender—
(1)The Minister may postpone the execution of a request for surrender under this Part at any time before the person sought is surrendered if, and only if,—
(a)a ruling on admissibility of the kind specified in section 57(1) or section 59(1) or section 60 is pending before the ICC; or
(b)the request would interfere with an investigation or prosecution for a different offence against New Zealand law, as provided in section 58; or
(c)a request of the kind referred to in section 66(1)(c) is made to the ICC.
(2)Even if a case is one to which subsection (1) applies, the Minister may decide not to postpone the execution of the request; and, in that event, the Minister may take such steps under this Part as may be appropriate in the circumstances, including making a surrender order with immediate effect under section 47 or with effect at a later date under section 48 or a temporary surrender order under section 49.
(3)If the Minister postpones the execution of the request, the postponement may be for a reasonable time and may, if the Minister considers it desirable, be extended from time to time.
(4)A decision by the Minister to postpone the execution of a request—
(a)does not limit or affect—
(i)the District Court's ability to accept notification of consent to the surrender:
(ii)the ability to continue to detain a person under any warrant issued under this Part:
(b)does not affect the validity of any act that has been done or any warrant or order made under this Part before the decision was made.
(5)If no decision on the execution of the request for surrender is made within 6 months after the date of the Minister's decision to postpone the execution of the request, the person may apply to a Judge of the High Court to be discharged.
(6)If an application to be discharged is made under subsection (5), the Judge may, on proof that reasonable notice of the intention to make the application has been given to the Minister, unless sufficient cause is shown against the discharge,—
(a)discharge any order made under this Act:
(b)order the discharge of the person from the place where the person is detained, if the person is not liable to be detained under any other order for detention.
Postponement of execution of ICC request
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