PART 4 - ARREST AND SURRENDER OF PERSON TO ICC
Discharge of person
73.
Discharge of person if Minister declines to order surrender—
If the Minister determines under section 47 that the person is not to be surrendered, the person must be discharged from custody immediately unless the person is subject to any other order for detention.
Cf 1999 No 55 s 35
74.
Discharge of person if not surrendered within 2 months—
(1)This section applies if a person is not surrendered and conveyed out of New Zealand under a surrender order or a temporary surrender order made under this Part within 2 months—
(a)after the date of the issue of the warrant for the detention of the person under section 46 pending surrender, if no appeal or application for review or habeas corpus, in respect of a determination under this Act, or any appeal from such an appeal or application, is pending; or
(b)if an appeal, or an application for review or habeas corpus, in respect of a determination under this Act, or any appeal from such an appeal or application, is pending, after the date that the proceedings are finally determined; or
(c)if a surrender order is made under section 48, after the date that the order takes effect.
(2)If this section applies, the person may apply to a Judge of the High Court to be discharged.
(3)If an application to be discharged is made under subsection (2), 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 the surrender order or temporary surrender order, as the case may be; and
(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.
Cf 1999 No 55 s 36
75.
Discharge of person if not resurrendered—
(1)If a person has been surrendered under a temporary surrender order made under section 49, nothing in section 74 prevents an order being made under section 51.
(2)Subsection (3) applies if an order is made under section 51 and the person is not surrendered and conveyed out of New Zealand under this Part within 2 months after the date that the person ceases to be liable to be detained under the sentence of imprisonment imposed by a New Zealand court.
(3)If this subsection applies, the person may apply to a Judge of the High Court to be discharged.
(4)If an application to be discharged is made under subsection (3), 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 the surrender order; and
(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.
Cf 1999 No 55 s 37
76.
Discharge of person under this Part does not preclude further proceedings—
To avoid doubt, the discharge of a person under any provision of this Part does not preclude further proceedings under this Act, whether or not they are based on the same conduct, to surrender the person to the ICC.
Cf 1999 No 55 s 38; Statute, article 92(4)
EDIT.