Preservation of evidence - 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)
(xi) the protection of victims and witnesses and the preservation of evidence; or

78 Disposal of property seized

(1) If the Minister makes a surrender order or temporary surrender order under this Act, the Minister may also direct that any thing that was seized under section 77 that may be evidence of the offence the person is alleged to have committed or has committed be delivered with the person on the person’s surrender to the ICC.

110 Protecting victims and witnesses and preserving evidence

(1) This section applies if the ICC requests—
(a) assistance under Article 93(1)(j) of the Statute in protecting victims and witnesses or preserving evidence:
(b) assistance under Article 19(8), or paragraphs (2) or (3) of Article 56, in preserving evidence.

(2) The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that—

New Zealand - International Crimes and International Criminal Court Act 2000 EN

PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on provision of assistance

117.
Postponement where ongoing investigation or prosecution—

(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

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:

(j) The protection of victims and witnesses and the preservation of evidence;