PART 4 - ARREST AND SURRENDER OF PERSON TO ICC
Restrictions on surrender
59.
Person being prosecuted in New Zealand for same conduct—
(1)This section applies if—
(a)the ICC makes a request for surrender; and
(b)the request relates to conduct that would constitute an offence under New Zealand law; and
(c)either—
(i)the conduct is being investigated or prosecuted in New Zealand; or
(ii)the conduct had been investigated in New Zealand and a decision was made not to prosecute the person sought, that decision not being due to the unwillingness or genuine inability to prosecute; and
(d)a challenge to the admissibility of the case is being or has been made to the ICC under article 19(2)(b) of the Statute.
(2)If this section applies, the Minister may postpone the execution of the request for surrender until the ICC has made its determination on admissibility.
Postponement of execution of ICC request
Postponement - ongoing investigation or prosecution
EDIT.