PART 4 - ARREST AND SURRENDER OF PERSON TO ICC
Miscellaneous provisions relating to arrest and surrender
77.
Search and seizure on arrest—
(1)If a person is arrested on a warrant issued under this Part, a con¬stable may search, without further warrant, the person arrested and may seize any thing, including any sum of money, found on the person or in the person’s possession if the constable be¬lieves on reasonable grounds that the thing on the person or in the person’s possession may be evidence as to the commission of any offence in relation to which the warrant to arrest was issued or for which the surrender of the person is sought by the ICC .
(2)If there is no suitable searcher available at the place where the search is to take place, the person to be searched may be taken to another place to be searched.
(3) Nothing in this section limits or affects the right at common law of a constable to search a person on that person’s arrest or any power under section 11 of the Search and Surveillance Act 2012.
(4) If any thing is seized under subsection (1) from the person arrested,—
(a) the constable must make a report to the Minister specifying the items seized and any other relevant information:
(b) the Minister must, on receipt of the report referred to in paragraph (a), provide the ICC with a report on the seizure
Cf 1999 No 55 s 82
78.
Disposal of property seized—
(1)If the Minister makes a surrender order or temporary surrender order under this Act, the Minister may also direct that any thing that was seized under section 77 that may be evidence of the offence the person is alleged to have committed or has committed be delivered with the person on the person's surrender to the ICC.
(2)If the person cannot be surrendered or temporarily surrendered by reason of the person's death or escape from custody, the Minister may direct that any thing that was seized under section 77 that may be evidence of the offence the person is alleged to have committed or has committed be delivered up to the ICC.
(3)If a person is discharged under this Act without being surrendered or temporarily surrendered, the Minister may direct that any thing seized under section 77 be returned to the person from whom it was seized.
(4)The Minister may refuse to direct that any thing referred to in subsection (1) or subsection (2) be delivered to the ICC if the thing is required for the investigation of an offence within the jurisdiction of New Zealand.
(5)The Minister may refuse to direct that any thing referred to in subsection (3) be returned to the person if—
(a)the thing is the subject of a dispute as to who is entitled to it; or
(b)the thing is required for the investigation of an offence within the jurisdiction of New Zealand; or
(c)possession of the thing by the person would be unlawful in New Zealand.
Cf 1999 No 55 s 89
Arrest
Arrest for ICC proceedings - national procedures
Search and seizure - national procedures for ICC proceedings
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