PART 4 - ARREST AND SURRENDER OF PERSON TO ICC
Restrictions on surrender
58.
Ongoing New Zealand investigation or proceedings involving different conduct—
(1)This section applies if the ICC makes a request for surrender that would interfere with an investigation or proceedings in New Zealand involving different conduct.
(2)If this section applies, the Minister may, after consultation with the ICC,—
(a)proceed with the execution of the request in accordance with section 56(2), despite the New Zealand investigation or proceedings; or
(b)postpone the execution of the request until the New Zealand investigation or proceedings have been finally disposed of.
(3)Nothing in this section limits or affects section 48 which allows the Minister to make a surrender order that comes into force at a later date if a person is serving a sentence for a different offence against New Zealand law.
Cf Statute, article 94
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.
(3)If the ICC determines that the case is inadmissible, surrender must be refused.
(4)If the ICC determines that the case is admissible and there is no other ground for refusing or postponing the request, the request must continue to be dealt with under this Part.
Cf Statute, articles 17(1), 19(2)(b), 95
Admissibility challenge - State investigation or prosecution
EDIT.