Questioning of persons - national procedures for ICC proceedings

New Zealand

New Zealand - International Crimes and International criminal Court Act 2000 (2021) EN

24 Requests for assistance
(1)
(a)
(iv) the questioning of any person being investigated or prosecuted; or

89 Assistance in questioning persons

(1) This section applies if the ICC requests assistance under any of Articles 19(8), 56, 64, or 93(1)(c) of the Statute in questioning a person who is being investigated or prosecuted.

(2) The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that—
(a) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(b) the person is or may be in New Zealand.

(3) If the Attorney-General gives authority to proceed,—
(a) the Attorney-General must forward the request to the appropriate New Zealand agency; and
(b) that agency must, without delay,—
(i) use its best endeavours to undertake the questioning that the ICC has requested; and
(ii) ensure that the answers to the questions put are recorded in writing and make any other report on the questioning as it considers to be appropriate in the circumstances; and
(iii) advise the Attorney-General of the outcome of those endeavours and, if relevant, deliver the record and any report of the questioning to the Attorney-General.

91 Assistance in arranging service of documents

(1) This section applies if the ICC requests assistance under any of Articles 19(8), 56, 58(7), 64, or 93(1)(d) of the Statute in arranging for the service of a document in New Zealand.

(2) The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that—
(a) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(b) the person or body to be served is or may be in New Zealand.

(3) If the Attorney-General gives authority for the request to proceed, the Attorney-General must forward the request for service to the appropriate New Zealand agency, and that agency must, without delay,—
(a) use its best endeavours to have the process served—
(i) in accordance with any procedure specified in the request; or
(ii) if that procedure would be unlawful or inappropriate in New Zealand, or if no procedure is specified, in accordance with the law of New Zealand; and
(b) transmit to the Attorney-General—
(i) a certificate as to service, if the document is served; or
(ii) a statement of the reasons that prevented service, if the document is not served.

(4) In this section, document includes—
(a) a summons requiring a person to appear as a witness; and
(b) a summons to an accused that has been issued under Article 58(7) of the Statute.

New Zealand - International War Crimes Tribunal Act 1995 (2021)EN

Part 1
Without limiting the generality of section (1), a Tribunal may make a request for assistance of any 1 or more of the following types:

Part 3
Other forms of assistance to a Tribunal
Attorney-General may authorise taking of evidence
This section applies where a Tribunal makes a request to the Attorney-General‑—
(a) for evidence to be taken in New Zealand; or
(b) for documents or other articles in New Zealand to be produced—
for the purposes of a proceeding before, or an investigation conducted by, the Tribunal.

Subject to: where the Attorney General is satisfied
(a) that the request relates to a Tribunal offence; and
(b) that there are reasonable grounds for believing that the evidence can be taken or, as the case may be, the documents or other articles can be produced in New Zealand,—
the Attorney-General may authorise, in writing, assistance in accordance with section 22 and section 23.

Taking of evidence
(1) Where the Attorney-General authorises the taking of evidence, the evidence shall be taken on oath from each witness by a Judge.
(2) The Judge who takes evidence in accordance with subsection (1) shall-
(a) cause the evidence to be put in writing; and
(b) certify that the evidence was taken by the judge and
(c) cause the writing so certified to be sent to the Attorney-General.

Producing documents or other articles
Where the Attorney-General authorises the production of documents or other articles, that production shall be required by the order of a Judge.

Person other than offender giving evidence or assisting
This section applies where—
a Tribunal makes a request to the Attorney-General for the attendance of a person—
(i) at a hearing in a foreign country in connection with a proceeding before the Tribunal; or
(ii) in a foreign country to assist an investigation conducted by the Tribunal; and the person is in New Zealand and is not a person described in this Act

Where, on receipt of a request to which this section applies, the Attorney-General is satisfied—
(a) that the proceeding or investigation relates to a Tribunal offence; and
(b) that there are reasonable grounds to believe that the person can give evidence relevant to the proceeding or assist in the investigation; and
(a) that the person has freely consented to giving evidence or assisting in the foreign country; and
(b) that the Tribunal has given, to the extent, if any, required by the Attorney-General, an adequate undertaking in respect of the matter specified by the Attorney-General may, subject to authority in writing, assist the Tribunal in accordance with this subsection and may assist in the making of arrangements to facilitate that attendance.

Offender giving evidence or assisting
This section applies where
a Tribunal has made a request to the Attorney General for the attendance of a person-
(i) at a hearing in a foreign country in connection with a proceeding before the Tribunal; or
(ii) in a foreign country to assist an investigation conducted by the Tribunal; and the person is in New Zealand and is a prisoner or

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(c) The questioning of any person being investigated or prosecuted;