PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION
Search and seizure
101.
Request for search and seizure—
(1)This section applies if the ICC makes a request under any of articles 19(8), 56, 64, or 93(1)(h) of the Statute for search and seizure.
(2)The Attorney-General may give authority for the request to proceed if he or she is satisfied that—
(a)the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(b)any thing relevant to the investigation or proceedings is or may be located in New Zealand.
(3) If the Attorney-General gives authority for the request to pro-ceed, he or she may authorise a constable, in writing, to apply to a District Court Judge for a search warrant under section 102 .
Cf 1992 No 86 s 43; Statute, articles 19(8), 56, 64, 93(1)(h)
102. Issue of search warrant—
(1) This section applies if an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012), on an application made in the manner provided in subpart 3 of Part 4 of that Act by a constable, is satisfied that there are reasonable grounds for believing that there is in or on any place or thing—
(a) any thing on or in respect of which an international crime has been, or is suspected of having been, com-mitted; or
(b) any thing that may be evidence as to the commission of any such crime.
(2) The provisions of subparts 1 to 5 and 7, 9, and 10 of Part 4, and sections 161 and 162 of the Search and Surveillance Act 2012 apply.
(3) [Repealed]
(4) [Repealed]
Cf 1995 No 27 s 48
103 Form and content of search warrant
[Repealed]
Section 103: repealed, on 1 October 2012, by section 266(5) of the Search and Surveillance Act 2012 (2012 No 24).
104 Powers conferred by warrant
[Repealed]
Section 104: repealed, on 1 October 2012, by section 266(5) of the Search and Surveillance Act 2012 (2012 No 24).
105 Power to stop vehicles
[Repealed]
106 Person executing warrant to produce evidence of authority
[Repealed]
107 Report to Attorney-General on execution of warrant
(1) [Repealed]
(2) If a warrant issued under section 102 is executed, a report on the execution of the warrant, together with a copy of any notice given under section 133 of the Search and Surveillance Act 2012 must be sent to the Attorney-General, without delay.
(3) If a warrant issued under section 102 is not able to be executed, a report explaining the reasons for this must be sent to the Attorney-General, without delay .
Cf 1999 No 55 s 88
108 Disposal of things seized
(1) If a constable seizes a thing under a warrant issued under sec-tion 102, it must be delivered into the custody and control of—
(a) the Commissioner of Police; or
(b) a constable who is of or above the level of position of inspector designated by the Commissioner to receive things seized under this Act.
(2) The Commissioner of Police or designated constable must—
(a) inform the Attorney-General, without delay, that the thing has been so delivered; and
(b) retain the thing for a period not exceeding 3 months from the day on which the thing was seized, pending the Attorney-General’s direction under subsection (3) about how to deal with the thing; and
(c) comply with any direction that the Attorney-General gives.
(3) The Attorney-General may, by written notice, give the Com-missioner of Police or designated constable a direction—
(a) requiring the Commissioner of Police or designated constable to send the thing to the ICC; or
(b) requiring the Commissioner of Police or designated constable to deal with the thing in some other way.
(4) Subject to section 155 of the Search and Surveillance Act 2012 (which applies with any necessary modifications), the Attor-ney-General must direct the Commissioner of Police or desig¬nated constable to return the thing seized to the person from whose possession it was seized as soon as practicable, if—
(a) the ICC advises that the thing is not required for the
Prosecutor’s investigation or its proceeding; or
(b) no other direction is given by the Attorney-General be-fore the expiry of 3 months from the day on which the thing was seized.
(5) Despite subsection (4), but subject to section 154 of the Search
and Surveillance Act 2012 (which applies with any necessary modifications), the Attorney-General may refuse to return the thing to the person from whom it was seized 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 1995 No 27 s 55; 1999 No 55 s 89(3)
Search and seizure - national procedures for ICC proceedings
EDIT.