New Zealand

International Crimes and International Criminal Court Act 2000

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Appeals against determinations of eligibility for surrender

69.
Custody pending determination of appeal—

(1)A District Court may order that the person who is the subject of the determination continue to be detained or, as the case may be, issue a warrant for the arrest and detention of the person, pending the determination of the appeal if—

(a)the District Court makes a determination under section 43; and

(b)immediately after the District Court makes the determination, either party informs the District Court that the party intends to appeal against the determination.

(2)Any District Court or the High Court may order that the person who is the subject of the determination continue to be detained or, as the case may be, issue a warrant for the arrest and detention of the person, pending the determination of the appeal if—

(a)a District Court makes a determination under section 43; and

(b)either party files a notice of appeal against the determination.

(3)If a person is detained under an order made under this section or is arrested and detained under a warrant issued under this section, sections 39 to 42 apply to the detention of the person with any necessary modifications as if the appeal proceedings were proceedings under section 43 to determine whether or not the person is eligible for surrender.

Cf 1999 No 55 s 70

Keywords

Provisional arrest - detention pending surrender
Detention pending surrender



EDIT.