PART 3 - GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

28.
Consultation—

(1)The Attorney-General or the Minister, as the case may be, must consult with the ICC, without delay, if—

(a)a request for assistance is received from the ICC that does not contain or is not accompanied by the appropriate information or the appropriate documents specified in articles 87, 91, 92, 93, or 96 of the Statute; or

(b)the ICC has not provided sufficient information for a request for assistance to be executed; or

Part 1
Request by a Tribunal for assistance

5 Form of requests

(1) A request from a Tribunal under section 4 that is in writing and specifies —

(a) the nature of the investigation or prosecution in respect of which the request is made ; and
(b) in a certificate from the Tribunal, that the request is in respect of an investigation or prosecution relating to a Tribunal offence ; and
(c) the legal basis on which the Tribunal relies for conducting the investigation or prosecution ; and
(d) the nature of the assistance sought by the Tribunal ; and
(e) the facts and law relevant to the investigation or prosecution (in addition to the statement required by paragraph (c)); and
(f) the procedure (if any) that the Tribunal wishes the Attorney-General to follow in complying with the request, including the form in which material shall be given to the Tribunal ; and
(g) the period within which the Tribunal wishes the request to be complied with ; and
(h) any confidentiality requirements that the Tribunal con¬siders should be observed ; and
(i) any other matters that the Tribunal considers may assist the Attorney-General in complying with the request ; and
(j ) any other matters that the Attorney-General has previously notified the Tribunal will assist the Attorney-General in complying with the request ,—

shall be received and dealt with in accordance with this Act.

(2) A request for assistance shall not be invalid by reason only of the fact that it does not comply with the requirements of subsection (1).

Part 2
Arrest and surrender of person to a Tribunal

Arrest of persons

6 Notice by Attorney-General

(1) Where—

(b) the request is accompanied by an arrest warrant in relation to the person that was issued by the Tribunal, or by a copy of that warrant authenticated by the Tribunal,—

the Attorney-General shall, by notice in writing, directed to any Judge, state that the request has been received.

(2) Where any notice is sent to a Judge under subsection (1), a copy of—

(a) the arrest warrant referred to in subsection (1)(b) ; and
(b) the request made under section 4 —

shall also be sent to the Judge.

Part 2
Arrest and surrender of person to a Tribunal

Surrender of persons

17 Content of surrender warrant

(1) A surrender warrant in relation to a person (in this section re-ferred to as the "eligible person") shall—

(a) require the person in whose custody the eligible person is being held to release the eligible person into the custody of a constable ; and

(b) authorise the constable to transport the eligible person in custody, and, if necessary or convenient, to detain the eligible person in custody, for the purpose of enabling the eligible person
(i) to be placed in the custody of a specified person who is an officer of the Tribunal or other person authorised by the Tribunal ; and
(ii) to be transported to a place specified by the Tribunal ; and

(c) authorise the specified person to transport the eligible person in custody to a place specified by the Tribunal for the purpose of surrendering the eligible person to a person appointed by the Tribunal to receive the person.

(2) A place referred to in subsection (1 )(b) or (c) may be a place in or outside New Zealand.

International War Crimes
Tribunals Act 1995

Public Act 1995 No 27 Date of assent 9 June 1995
Commencement 9 June 1995

contents

Title
Short Title
Interpretation
Act to bind the Crown

Part 1
Request by a Tribunal for assistance
Tribunal may request assistance
Form of requests

Part 2
Arrest and surrender of person to a Tribunal
Arrest of persons
Notice by Attorney-General
Issue of warrants

Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This Act is administered by the MinistryMinistryDepartment of Justice.

Form of request
A request from a Tribunal under that is in writing and specifies -
(a) the nature of the investigation or prosecution in respect of which the request is made; and
(b) in a certificate from the Tribunal, that the request is in respect of an investigation or prosecution relating to a Tribunal offence; and
(c) the legal basis on which the Tribunal relies for conducting the investigation or prosecution and

Part 2
19.
The request is accompanied by an arrest warrant in relation to the person that was issued by the Tribunal, or by a copy of that warrant authenticated by the Tribunal,- the Attorney General shall, by notice in writing, directed to any Judge, state that the request has been received. Where any notice is sent to a Judge under subsection (1).

Content of surrender warrant