PART 7 - PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC
Enforcement of sentences in New Zealand
139.
New Zealand may act as State of enforcement—
(1)The Minister may advise the ICC that New Zealand is willing to allow persons who are ICC prisoners as a result of being sentenced to imprisonment by the ICC to serve those sentences in New Zealand, subject to any specified conditions.
(2)If advice is given under subsection (1), the Minister may, at any time, advise the ICC—
(a)of further conditions that New Zealand wishes to impose in relation to the serving of sentences in New Zealand by ICC prisoners; or
(b)that it wishes to withdraw a condition referred to in subsection (1) or paragraph (a).
(3)Before providing advice under subsection (1) or subsection (2), the Minister must consult with—
(a)the Commissioner of Police; and
(b)the chief executive of the Department of Corrections; and
(c)the chief executive of the Department of Labour.
(4)If advice is given under subsection (1), the Minister may, at any time, advise the ICC that New Zealand is no longer willing to allow ICC prisoners to serve their sentences in New Zealand.
(5)Any advice given under subsection (4) does not affect the enforcement of sentences for which the Minister has accepted the designation of the ICC under section 140(1)(c).
Cf Statute, article 103(1) and (2)
140.
Request for sentence to be served in New Zealand—
(1)This section and sections 141 to 156 apply if—
(a)the Minister has given advice under section 139(1) and has not withdrawn that advice under section 139(4); and
(b)the ICC imposes a sentence of imprisonment on a person—
(i)convicted of an international crime; or
(ii)convicted of an offence against the administration of justice; and
(c)the ICC designates New Zealand, under article 103 of the Statute, as the State in which the sentence is to be served.
(2)If the Minister accepts the designation, the Minister must issue an order for detention in the prescribed form, and forward that order and any information about the person supplied by the ICC to each of the following persons:
(a)the Commissioner of Police:
(b)the chief executive of the Department of Corrections:
(c)the chief executive of the Department of Labour.
(3)The Minister may, at any time, ask the ICC to give 1 or more of the following assurances:
(a)that all or part of the transportation costs incurred by New Zealand in the enforcement of the sentence will be met by the ICC:
(b)that the ICC will arrange for the transportation of the ICC prisoner who is the subject of the designation,—
(i)to New Zealand, for the purpose of enabling his or her sentence to be enforced in New Zealand; or
(ii)from New Zealand, on the completion of the sentence, or if the ICC prisoner is to be transferred to another country:
(c)an assurance relating to such other matters as the Minister thinks appropriate.
141.
Prisoner to be held in custody—
(1) If the Minister accepts the designation of New Zealand as the State in which a sentence of imprisonment imposed by the ICC is to be served, the ICC prisoner may be transported to New Zealand in the custody of—
(a) a Police employee; or
(b) a prison officer; or
(c) a person authorised for the purpose by the ICC .
(2) On arrival in New Zealand or, if the person is already in New Zealand when the sentence is imposed, on the imposition of the sentence, the ICC prisoner must be detained in accordance with the Corrections Act 2004 as if the prisoner had been sentenced to imprisonment under New Zealand law.
(3)Despite subsection (2) and any other enactment,—
(a)the ICC prisoner has the right to communicate on a confidential basis with the ICC, without impediment from any person:
(b)a Judge of the ICC or a member of the staff of the ICC may visit the ICC prisoner for the purpose of hearing any representations by the prisoner without the presence of any other person, except any representative of the prisoner:
(c) the ICC prisoner must not, without the prior agreement of the ICC, be—
(i) temporarily released from custody under section 62 of the Corrections Act 2004; or
(ii) temporarily removed from prison under section 62 of the Corrections Act 2004 unless that re-moval is to a hospital:
(d) the Minister must advise the ICC if the ICC prisoner is transferred to a hospital under section 62 of the Corrections Act 2004.
Cf Statute, articles 106, 110(1)
142. Order for detention to act as authority for detention—
The order for detention issued by the Minister under section 140(2) is sufficient authority for the detention of the prisoner to which the notice relates for the purposes of this Part and the Corrections Act 2004—
(a) until the ICC prisoner completes, or is released from, the sentence or is transferred to another country; and
(b) during any further period that the ICC prisoner is required to serve the sentence if the ICC makes an order for recall of the prisoner.
143. Parole Act 2002 does not apply in certain cases
(1)The administration of a sentence of imprisonment imposed by the ICC that is served in New Zealand, including any decision to release or transfer the ICC prisoner, must be undertaken in accordance with Part 10 of the Statute and the Rules.
(2)The [Parole Act 2002] does not apply to a sentence of imprisonment imposed by the ICC that is served in New Zealand unless the sentence has been imposed for an offence against the administration of justice.
(3)If, in relation to the administration of a sentence of imprisonment imposed for an offence against the administration of justice that is served in New Zealand by an ICC prisoner, there is any inconsistency between the provisions of the [Parole Act 2002] and the provisions of the Statute and the Rules, the provisions of the Statute and the Rules prevail.
Cf Statute, articles 106(1), 110(1) and (2)
Enforcement of sentences imposed
National procedures re enforcement of sentences imposed
EDIT.