PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION
Restrictions on provision of assistance
117.
Postponement where ongoing investigation or prosecution—
(1)If the immediate execution of a request by the ICC for assistance to which this Part applies would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the Attorney-General may postpone the execution of the request for a period of time agreed between the Attorney-General and the ICC.
(2)Despite section 115(3), the period of postponement may be no longer than is reasonably necessary to complete the investigation or prosecution.
(3)Before making a decision to postpone the execution of a request, the Attorney-General must consider whether the assistance could be provided immediately subject to certain conditions.
(4)If the Attorney-General decides to postpone the execution of a request and the ICC seeks assistance in the preservation of evidence under article 93(1)(j) of the Statute, the Attorney-General must deal with that request in accordance with this Part.
Cf Statute, article 94
118.
Postponement where admissibility challenge—
(1)This section applies if the ICC is considering an admissibility challenge under article 18 or article 19 of the Statute in respect of a case that a request to which this Part applies relates.
(2)If the ICC has not made an order under article 18 or article 19 of the Statute allowing the Prosecutor to collect evidence to which the request relates, the Attorney-General may postpone the execution of the request until the ICC's determination on admissibility is issued.
(3)If the ICC has made an order under article 18 or article 19 of the Statute allowing the Prosecutor to collect evidence to which the request relates, the Attorney-General may not postpone the execution of a request under this section but must deal with it under this Part.
(4)If the ICC determines that the case to which the request relates is inadmissible, the request must be refused.
(5)If the ICC determines that the case to which the request relates 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, article 95
119.
Competing requests—
(1)If the Attorney-General receives competing requests for assistance from the ICC and from another State to which New Zealand is under an obligation to respond, the Attorney-General must endeavour, after consultation with the ICC and the other State, to satisfy both requests.
(2)For the purposes of subsection (1), the Attorney-General may do either or both of the following:
(a)postpone the execution of either of the competing requests:
(b)attach conditions to the provision of assistance under either or both of the requests.
(3)If it is not possible to resolve the issue by consultation, the method of dealing with the competing requests must be resolved in accordance with article 90 of the Statute, and sections 61 to 65 apply with any necessary modifications.
Cf Statute, articles 90, 93(9)(a)
120.
Requests involving conflict with other international obligations—
(1)If a request by the ICC for assistance to which this Part applies concerns persons who, or information or property that, are subject to the control of another State or an international organisation under an international agreement, the Attorney-General must inform the ICC to enable it to direct its request to the other State or international organisation.
(2)Subsections (3) to (5) apply if—
(a)the ICC makes a request for assistance; and
(b)the ICC has not previously made a final determination on whether or not article 98(1) of the Statute applies to that request; and
(c)a request is made to the ICC to determine whether or not article 98(1) applies to the request for surrender.
(3)If this subsection applies, the Minister may postpone the request for assistance until the ICC advises whether or not it wishes to proceed with the request for assistance.
(4)If the ICC advises that it does not intend to proceed with the request, the request for assistance must be refused.
(5)If the ICC advises that it intends to proceed with the request for assistance, 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, article 98(1)
Postponement of execution of ICC request
EDIT.