8A Jurisdiction in respect of certain persons with diplomatic or consular immunity
This section applies to every person who is-
(a) a head of mission or head of post or
(b) a person who is on overseas service pursuant to the Foreign Affairs Act 1988; or
(c) a New Zealand citizen ordinarily resident in New Zealand and who is-
(i) a member of the family of a person described in paragraph (a) or paragraph (b); or
(ii) a member of the staff of a New Zealand overseas post or a New Zealand overseas mission, whether or not an officer or employee of the Ministry of Foreign Affairs and Trade or a person employed under the Foreign Affairs Act 1988; or
1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.
2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.