International War Crimes Tribunals Act 1995

1: Short Title
This Act may be cited as the International War Crimes Tribunals Act 1995.
2: Interpretation
In this Act, unless the context otherwise requires,— forfeiture order
a: an order made by a Tribunal, under the Statute of the Tribunal or under rules adopted under the Statute of the Tribunal, for forfeiture of tainted property; or
b: a declaration made by a Tribunal, under the Statute of the Tribunal or under the rules adopted under the Statute of the Tribunal, evidencing forfeiture of tainted property under that Statute or those rules High Court Judge offence prison section 3(1) prisoner legal custody under the Corrections Act 2004 property Statute of the Tribunal surrender warrant section 14 tainted property Tribunal
a: the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, established by Resolution 827 (1993) of the Security Council of the United Nations; or
b: the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994, established by Resolution 955 (1994) of the Security Council of the United Nations; or
c: any other tribunal that the Governor-General by Order in Council declares under section 61
d: any of the organs of a particular tribunal referred to in the statute of that tribunal Tribunal offence Section 2 penal institution repealed 1 June 2005 section 206 Corrections Act 2004 Section 2 prison inserted 1 June 2005 section 206 Corrections Act 2004 Section 2 prisoner amended 1 June 2005 section 206 Corrections Act 2004
3: Act to bind the Crown
This Act binds the Crown.
1: Request by a Tribunal for assistance
4: Tribunal may request assistance
1: Where a Tribunal needs the assistance of New Zealand in order to—
a: perform its functions in respect of an investigation or prosecution it is conducting or proposing to conduct; or
b: give effect to an order issued by the Tribunal,— the Tribunal may make a request for assistance.
2: Any request under subsection (1) shall be made to the Attorney-General or a person authorised by the Attorney-General.
3: Without limiting the generality of subsection (1), a Tribunal may make a request for assistance of any 1 or more of the following types:
a: arresting and surrendering to the Tribunal a person in relation to whom the Tribunal has issued an arrest warrant:
b: executing a request for search and seizure:
c: obtaining evidence or a document or other article:
d: providing a document or other record:
e: locating and identifying a witness or suspect:
f: arranging for a person to give evidence or assist an investigation:
g: causing the forfeiture of tainted property:
h: serving documents:
i: arranging for the Tribunal to sit in New Zealand.
5: Form of requests
1: A request from a Tribunal under section 4
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 considers 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).
2: Arrest and surrender of person to a Tribunal
Arrest of persons
6: Notice by Attorney-General
1: Where—
a: the Attorney-General receives from a Tribunal a request for the surrender of a person; and
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.
7: Issue of warrants
1: The Judge to whom a notice is sent under section 6
2: When the Judge has considered whether or not to issue a warrant in accordance with this section, the Judge shall send to the Attorney-General written notice of his or her decision.
8: Cancellation of warrant
1: Where the Attorney-General is satisfied that there are special circumstances that make it unjust or otherwise inappropriate for a warrant issued under section 7
2: Where the Attorney-General orders the cancellation of a warrant under subsection (1) the warrant shall cease to have effect and any person arrested under the warrant shall be released, unless the person is otherwise liable to be detained in custody. 1965 No 44 s 7(3), (4)
9: Remand
1: A person who is arrested under a warrant issued under section 7 section 8
2: Subject to subsection (3), the Judge shall remand the person in custody or on bail for such period or periods as may be necessary to enable the Attorney-General to make a surrender determination under section 12
3: Where any person is remanded in custody or on bail under this section, the provisions of sections 167 to 169 sections 28 30 to 32 34 35 37 to 39 of the Bail Act 2000 Section 9(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 9(3) amended 1 January 2001 section 74(2) Bail Act 2000
10: Release from remand at direction of Attorney-General
1: Where a person has been remanded under section 9
2: Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded in custody, a copy of the notice shall be sent to the prison manager prison
3: Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded on bail, a copy of the notice shall be sent to the Registrar of the court at which the person was released on bail. Section 10(2) amended 1 June 2005 section 206 Corrections Act 2004
11: Application for search warrant
Where—
a: a person is arrested under a warrant issued under section 7
b: a constable who is of or above the level of position of inspector the constable an issuing officer section 48 Section 11 amended 1 October 2012 section 267(2) Search and Surveillance Act 2012 Section 11 amended 1 October 2008 section 116(b) Policing Act 2008 Section 11(b) amended 1 October 2008 section 116(b) Policing Act 2008 Surrender of persons
12: Surrender determination by Attorney-General
1: Subject to subsection (2), the Attorney-General shall determine whether a person remanded under sections 6 to 11
2: Unless the Attorney-General is satisfied that there are special circumstances that would make it unjust or otherwise inappropriate to surrender the person, the Attorney-General shall determine that the person is to be surrendered to the Tribunal.
3: The determination shall be made as soon as is reasonably practicable, having regard to the circumstances, after the person is first remanded under section 9
4: Notwithstanding subsection (3), every determination required to be made under this section shall be made within 6 months of the date on which the person was first remanded under section 9
13: Release from remand on refusal to surrender person
1: Where the Attorney-General has determined not to surrender the person to the Tribunal, the Attorney-General shall, by notice in writing, order, as the case may require,—
a: the release of the person from custody; or
b: the discharge of the recognisances on which bail was granted to the person.
2: Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded in custody, a copy of the notice shall be sent to the prison manager prison
3: Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded on bail, a copy of the notice shall be sent to the Registrar of the court at which the person was released on bail. Section 13(2) amended 1  June 2005 section 206 Corrections Act 2004
14: Surrender warrant
1: Subject to section 15
2: The surrender warrant shall be in writing in the prescribed form.
15: Persons imprisoned under New Zealand law
1: The Attorney-General shall not issue a surrender warrant if—
a: the person is serving a sentence of imprisonment
b: the Tribunal has been required to give adequate undertakings to the Attorney-General relating to—
i: the person's return to New Zealand to serve the remainder of the sentence once the person is no longer required to be detained by, or on the order of, the Tribunal; and
ii: the person's custody while travelling, and while in other countries, for the Tribunal's purposes; and
c: the Attorney-General is not satisfied that the Tribunal has given adequate undertakings relating to those matters.
2: For the purposes of this section, the person is not taken to be serving a sentence of imprisonment Section 15(1)﻿(a) amended 30 June 2002 section 186 Sentencing Act 2002 Section 15(2) amended 30 June 2002 section 186 Sentencing Act 2002
16: Detention following surrender warrant
1: Where the Attorney-General issues a surrender warrant under section 14
2: Where the Attorney-General issues a surrender warrant under section 14 constable
3: The Judge shall order the committal of the person to a prison 1965 No 44 s 10(1) Section 16(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 16(3) amended 1 June 2005 section 206 Corrections Act 2004
17: Content of surrender warrant
1: A surrender warrant in relation to a person (in this section referred to as the eligible person
a: require the person in whose custody the eligible person is being held to release the eligible person into the custody of a constable
b: authorise the constable
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. Section 17(1)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 17(1)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
18: Release from remand
1: This section applies to a person—
a: in relation to whom a surrender warrant has been issued; and
b: who is in custody in New Zealand under the warrant, or otherwise under this Act, more than 2 months after the day on which the warrant was first liable to be executed.
2: Subject to subsection (3), the High Court shall order that a person to whom this section applies be released from that custody if—
a: the person has made an application to the High Court to be released; and
b: reasonable notice of the intention to apply to the High Court was given by the person to the Attorney-General.
3: The High Court shall not order that the person be released from custody if it is satisfied that the surrender warrant has not been executed within the period of 2 months, or since the person last made an application under subsection (2), as the case may be,—
a: because to do so would have been dangerous to the person's life or prejudicial to the person's health; or
b: for any other reasonable cause.
19: Effect of surrender on prisoner's sentence
1: Subject to subsection (2), where a person who is serving a sentence in respect of an offence against the law of New Zealand is surrendered to a Tribunal under this Part, the person shall, while he or she is in the custody of, or on the order of, the Tribunal (including custody outside New Zealand), be deemed to be continuing to serve that sentence.
2: If the person is convicted of a Tribunal offence, time spent by the person in custody serving a sentence of imprisonment imposed by the Tribunal for the Tribunal offence is not to be counted as time towards the sentence referred to in subsection (1).
20: Expiry of New Zealand sentences while under Tribunal detention
If—
a: at the time a person was surrendered to a Tribunal under this Part, the person was serving a sentence of imprisonment
b: the sentence of imprisonment the Attorney-General must without delay inform the Tribunal of the expiry, and, if the Tribunal was required to give undertakings in accordance with section 15(1)﻿(b) Section 20(a) amended 30 June 2002 section 186 Sentencing Act 2002 Section 20(b) amended 30 June 2002 section 186 Sentencing Act 2002
3: Other forms of assistance to a Tribunal
Taking evidence, etc
21: Attorney-General may authorise taking of evidence
1: 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.
2: Subject to section 57
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 section 23 1992 No 86 s 31(2)
22: Taking of evidence
1: Where the Attorney-General authorises the taking of evidence under section 21
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.
23: Producing documents or other articles
1: Where the Attorney-General authorises the production of documents or other articles, that production shall be required by the order of a Judge.
2: Subject to subsection (3), if the documents or other articles are produced, the Judge shall send them to the Attorney-General together with a written statement certifying that they were produced to the Judge.
3: In the case of documents, the Judge may send to the Attorney-General copies of the documents certified by the Judge to be true copies.
24: Legal representation
The Judge conducting a proceeding under section 22 section 23
a: the person to whom the proceeding before, or investigation conducted by, the Tribunal relates; and
b: any other person giving evidence or producing documents or other articles at the proceeding before the Judge; and
c: the Tribunal— to have legal representation at the proceeding before the Judge.
25: Form of certificate
A certificate by a Judge under section 22(2) section 23(2)
a: the person to whom the proceeding before, or the investigation conducted by, the Tribunal relates, or that person's legal representative (if any):
b: any other person giving evidence or producing documents or other articles, or that person's legal representative (if any).
26: Compellability of persons to attend
1: Subject to subsections (2) and (3), the law of New Zealand with respect to compelling persons—
a: to attend before a Judge; and
b: to give evidence, answer questions, and produce documents or other articles— on the hearing of a charge against a person for an offence against the law of New Zealand shall apply, with necessary modifications, with respect to compelling persons for the purposes of sections 22 23
2: For the purposes of sections 22 23
3: No person who is required, pursuant to section 22 section 23
4: A person who is required, pursuant to section 22 section 23 1992 No 86 s 33(2), (4)
27: Tribunal immunity certificates
1: In this section, Tribunal immunity certificate
a: is given or made by a Tribunal under the Statute of the Tribunal or under the rules adopted under the Statute of the Tribunal; and
b: specifies or declares that, under the Statute of the Tribunal or under the rules adopted under the Statute of the Tribunal, persons generally or a specified person could or could not—
i: either generally or in specified proceedings; and
ii: either generally or in specified circumstances— be required to answer a specified question or to produce a specified document.
2: A Tribunal immunity certificate, duly authenticated in accordance with subsection (3), is admissible in proceedings for the purposes of the application of section 26(3)
3: A certificate is duly authenticated for the purposes of subsection (2) if it purports to be signed or certified by a Judge, Registrar, or officer of the Tribunal.
28: Powers of Judge may be exercised by Registrar
1: Any Judge may authorise a Registrar of the High Court to exercise the powers of a Judge under section 22 section 23
2: Any authorisation given under subsection (1) may be revoked at any time by any Judge.
3: Where any matter in respect of which a Registrar has jurisdiction under any authorisation given under subsection (1) appears to the Registrar to be one of special difficulty, he or she may refer the matter to a Judge, who may dispose of the matter or may refer it back to the Registrar with such directions as the Judge thinks fit.
4: Nothing in this section shall prevent the exercise, by any Judge, of any jurisdiction or powers conferred on any Registrar under this section. 1992 No 86 s 35 Search and seizure
29: Attorney-General may authorise application for search warrant
Subject to section 57
a: a Tribunal makes a request to the Attorney-General to assist in obtaining by search and seizure any thing that is relevant to a Tribunal offence; and
b: the Attorney-General is satisfied that there are reasonable grounds for believing that the thing is located in New Zealand,— the Attorney-General may, in writing, authorise a constable an issuing officer section 48 constable Section 29 amended 1 October 2012 section 267(3) Search and Surveillance Act 2012 Section 29 amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Giving evidence at hearings, or assisting in investigations, in foreign countries
30: Person other than offender giving evidence or assisting
1: This section applies where—
a: 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 being conducted by the Tribunal; and
b: the person is in New Zealand and is not a person described in section 31(1)﻿(b)
2: 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 the investigation; and
c: that the person has freely consented to giving evidence or assisting in the foreign country; and
d: that the Tribunal has given, to the extent, if any, required by the Attorney-General, an adequate undertaking in respect of the matters specified in section 33 the Attorney-General may, subject to section 57
31: Offender giving evidence or assisting
1: This section applies where—
a: 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 being conducted by the Tribunal; and
b: the person is in New Zealand and is—
i: a prisoner; or
ii: on parole, home detention, or compassionate release, or is subject to release conditions, under Part 1
iia: subject to a sentence of home detention imposed under section 80A
iii:
iv: at large pursuant to section 62
v: subject to a community-based sentence (within the meaning of section 4(1)
2: Where, on receipt of a request to which subsection (1) 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 the investigation; and
c: that the person has freely consented to giving evidence or assisting in the foreign country; and
d: that the Tribunal has given, to the extent, if any, required by the Attorney-General, adequate undertakings in respect of the matters referred to in section 33 the Attorney-General may, subject to section 57
3: Where travel by a person to a foreign country is authorised in accordance with subsection (2), the Attorney-General may,—
a: in the case of a person who is a prisoner, direct that the prisoner be released from the prison constable
b: in the case of any other person to which this section applies, approve and arrange the travel of the person to the foreign country to give evidence at the hearing, and may obtain such approvals, authorities, and permissions as are required for the purpose, including the variation, discharge, or suspension of the conditions of the person's release, or the variation, cancellation, or suspension of the person's sentence, or of the conditions of the person's sentence.
4: A direction given, pursuant to subsection (3)﻿(a), by the Attorney-General in respect of a prisoner shall be sufficient authority for the release of the prisoner from the prison
5: Every person released under a direction given pursuant to subsection (3)﻿(a) shall, while that person is in New Zealand during the period of that release, be deemed, for the purposes of section 120 in legal custody for the time being under the Corrections Act 2004 1992 No 86 s 38 Section 31(1)﻿(b)﻿(ii) substituted 30 June 2002 section 125 Parole Act 2002 Section 31(1)﻿(b)﻿(iia) inserted 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 31(1)﻿(b)﻿(iii) repealed 30 June 2002 section 125 Parole Act 2002 Section 31(1)﻿(b)﻿(iv) amended 1 June 2005 section 206 Corrections Act 2004 Section 31(1)﻿(b)﻿(v) amended 30 June 2002 section 186 Sentencing Act 2002 Section 31(3)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 31(3)﻿(a) amended 1 June 2005 section 206 Corrections Act 2004 Section 31(4) amended 1 June 2005 section 206 Corrections Act 2004 Section 31(5) amended 1 June 2005 section 206 Corrections Act 2004
32: Effect of removal to foreign country on prisoner's sentence
Where a prisoner who is serving a sentence for an offence against the law of New Zealand is released from a New Zealand prison section 31 1992 No 86 s 41 Section 32 amended 1 June 2005 section 206 Corrections Act 2004
33: Undertakings relating to persons giving evidence or assisting
1: Where a Tribunal makes a request to the Attorney-General for the attendance of a person to whom section 31 section 30
a: that the person will only be required to give evidence or assistance in relation to the Tribunal offence specified in the request; and
b: that any evidence given by the person will not be used in any proceeding other than the proceeding to which the Tribunal offence relates; and
c: that the person will be returned to New Zealand as soon as practicable in accordance with arrangements agreed to by the Attorney-General.
2: In a case where the request relates to a person who is a prisoner, and the Attorney-General requests the Tribunal to make arrangements for the keeping of the prisoner in custody while the prisoner is in the foreign country, the Tribunal shall also give, to the extent, if any, required by the Attorney-General, the following undertakings:
a: that appropriate arrangements will be made for that purpose:
b: that the prisoner will not be released from custody in the foreign country without the prior approval of the Attorney-General:
c: that if the prisoner is released in accordance with paragraph (b), the prisoner's accommodation and expenses will be paid for by the Tribunal until the Tribunal decides that the person is no longer required to give evidence in the proceeding, or to assist the investigation, to which the request relates. Custody of persons in transit
34: Transit
1: Where a person is to be transported in custody from a foreign country through New Zealand to another foreign country for the purpose of—
a: giving evidence in a proceeding before a Tribunal; or
b: giving assistance in relation to an investigation being conducted by a Tribunal; or
c: being surrendered to a Tribunal,— that person may be transported through New Zealand in the custody of another person.
2: Where an aircraft or ship by which the person is being transported lands or calls at a place in New Zealand, the person must be kept in such custody as the Attorney-General may direct in writing until the person's transportation is continued.
3: Where—
a: a person is being held in custody pursuant to a direction under subsection (2); and
b: the person's transportation is not, in the Attorney-General's opinion, continued within a reasonable time,— the Attorney-General may direct that the person be transported in custody to the foreign country from which the person was first transported, and such a direction shall be sufficient authority for that person's removal from New Zealand by such means as the Attorney-General directs.
4: For the purposes of enabling the grant of a limited visa under the Immigration Act 2009
5: The Attorney-General may, at any time by notice in writing, cancel any certificate issued under subsection (4) in respect of any person who is in New Zealand for the purposes of being transported through New Zealand pursuant to this section if the Attorney-General is satisfied that that person's presence in New Zealand is no longer necessary for that purpose. 1992 No 86 s 42(5), (6) Section 34(4) amended 29 November 2010 section 406(1) Immigration Act 2009 Assistance in serving documents
35: Service of process
1: Subject to section 57
a: a Tribunal requests the Attorney-General to arrange for service in New Zealand of a process relating to a proceeding before, or an investigation conducted by, the Tribunal in respect of a Tribunal offence; and
b: the Attorney-General is satisfied—
i: that the request relates to a Tribunal offence; and
ii: that there are reasonable grounds for believing that the person to be served is located in New Zealand,— the Attorney-General may authorise service of the process.
2: Where service is authorised under subsection (1), the Attorney-General shall direct the appropriate authority to arrange service, and in such a case the authority shall—
a: use its best endeavours to have the process served—
i: in accordance with procedures proposed in the request; or
ii: if those procedures would be unlawful or inappropriate in New Zealand, or if no procedures are so proposed, in accordance with the law of New Zealand; and
b: if the document—
i: is served, transmit to the Attorney-General for transmission to the Tribunal a certificate as to service; or
ii: is not served, transmit to the Attorney-General for transmission to the Tribunal a statement of the reasons that prevented the service. 1992 No 86 s 51(3)
4: Sittings of a Tribunal in New Zealand
36: Tribunal sittings in New Zealand
1: A Tribunal may sit in New Zealand for the purpose of performing its functions.
2: Without limiting the generality of subsection (1), a Tribunal may sit in New Zealand for the purpose of—
a: taking evidence; or
b: conducting or continuing a proceeding before the Tribunal; or
c: giving judgment in a proceeding before the Tribunal.
37: Tribunal's powers while sitting in New Zealand
While a Tribunal is sitting in New Zealand, it may exercise such powers that the Tribunal may exercise under the Statute of the Tribunal, and under any rules of procedure and evidence adopted pursuant to the Statute of the Tribunal and for the time being in force.
38: Tribunal may administer oaths in New Zealand
1: A Tribunal may at any sitting of the Tribunal in New Zealand administer an oath or affirmation in accordance with the practice and procedure of the Tribunal.
2: Evidence given by a person on oath or affirmation administered by the Tribunal under subsection (1) shall, for the purposes of section 108 1908 No 89 s 56M 1990 No 44 s 3
39: Orders made by Tribunal not subject to review
No application for review under the Judicial Review Procedure Act 2016 1908 No 89 s 56N 1990 No 44 s 3 Section 39 amended 1 March 2017 section 24 Judicial Review Procedure Act 2016
40: Contempt of Tribunal
1: Every person commits an offence who, at any sitting of a Tribunal in New Zealand,—
a: assaults, threatens, intimidates, or wilfully insults—
i: a Judge of the Tribunal; or
ii: the Prosecutor of the Tribunal; or
iii: the Registrar or any other officer of the Tribunal; or
iv: a person appearing as a barrister or solicitor, or both, before the Tribunal; or
v: a witness in proceedings before the Tribunal; or
b: wilfully interrupts or obstructs the proceedings.
2: Every person commits an offence who, wilfully and without lawful excuse, disobeys any order or direction of a Tribunal made or given in the course of its proceedings.
3: Every person who commits an offence against this section is liable on conviction 1908 No 89 s 56O 1990 No 44 s 3 Section 40(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
5: Forfeiture of proceeds of Tribunal offences
41: Requests for enforcement of forfeiture orders
1: Subject to section 57
a: a Tribunal requests the Attorney-General to make arrangements for the enforcement of a forfeiture order made in relation to property that is believed to be in New Zealand; and
b: the Attorney-General is satisfied that a person has been convicted by the Tribunal of the Tribunal offence to which the order relates; and
c: the Attorney-General is satisfied that the conviction and the order are not subject to further appeal in the Tribunal,— the Attorney-General may, in writing, authorise the Solicitor-General to apply for the registration of the order in a specified court.
2: The court specified shall be the office of the High Court that is closest to the place in which the property is believed to be located, or, where the location of the property is not known, any office of the High Court.
42: Registration of order
1: Where the Solicitor-General applies to the High Court for the registration of an order in accordance with section 41
2: An order, or an amendment of an order, shall be registered in the High Court by the registration, in accordance with the prescribed procedure, of—
a: a copy of the appropriate order or amendment sealed by the court or other authority making that order or amendment; or
b: a copy of that order or amendment duly authenticated in accordance with subsection (3).
3: A document is duly authenticated for the purposes of subsection (2) if it purports to be signed or certified by a Judge, Registrar, or officer of the Tribunal that made the order or amendment.
4: Where the High Court registers an order in accordance with this section, the court shall direct the Solicitor-General—
a: to give notice of the registration, in the manner and within the time the court considers appropriate, to specified persons (other than a person convicted of an offence in respect of which the order was made) that the court has reason to believe may have an interest in the property; or
b: to publish notice of the registration in the manner and within the time the court considers appropriate. 1992 No 86 ss 56(1) 63(2)
43: Effect of registration of order
Subject to sections 44 to 47 section 42 Criminal Proceeds (Recovery) Act 2009 Section 43 substituted 1 December 2009 section 203 Criminal Proceeds (Recovery) Act 2009
44: Registered forfeiture orders
Where a forfeiture order against property is registered in accordance with section 42
a: subpart 3
b: the property may be disposed of, or otherwise dealt with, in accordance with any direction of the Attorney-General or of a person authorised in writing by the Attorney-General for the purposes of this paragraph; and
c: if for any reason the Attorney-General decides not to direct that the property be transferred to a person or persons in accordance with the request from the Tribunal that made the order, the Attorney-General shall arrange for the property to be transferred to the person in whom it was vested immediately before the forfeiture order was made. 1991 No 120 s 23A(a) 1992 No 87 s 4 Section 44(a) substituted 1 December 2009 section 204 Criminal Proceeds (Recovery) Act 2009
45: Third parties may apply for relief
1: Where a forfeiture order against property is registered in accordance with section 42 section 46
2: A person on whom notice of the hearing of the Tribunal held in connection with the making of the forfeiture order was served, or who appeared at the hearing, may not apply under subsection (1) except with the leave of the court.
3: The court shall not grant leave under subsection (2) unless there are special reasons for doing so.
4: Without limiting the generality of subsection (3), the court may grant leave under subsection (2) if it is satisfied—
a: that the applicant had good reason for failing to attend the hearing held by the Tribunal in connection with the making of the forfeiture order; or
b: that evidence proposed to be adduced by the applicant in connection with the application under subsection (1) was not reasonably available to the applicant at the time of that hearing.
5: Subject to subsection (6), an application under subsection (1) shall be made before the expiry of the period of 2 months beginning on the date on which the forfeiture order is registered in the court.
6: The court may grant a person leave to apply under subsection (1) outside the period referred to in subsection (5) if the court is satisfied that the person's failure to apply within that period was not due to any neglect on the person's part.
7: A person who makes an application under subsection (1) shall serve notice of the application on the Solicitor-General, who shall be a party to any proceedings on the application. 1991 No 120 s 23C 1992 No 87 s 4
46: Court may grant relief to third party
1: Where—
a: a person applies to the court under section 45
b: the court is satisfied that the applicant's claim to that interest is valid,— the court shall, subject to subsection (2), make an order—
c: declaring the nature, extent, and value of the applicant's interest in the property; and
d: either—
i: directing the Crown to transfer the interest to the applicant; or
ii: declaring that there is payable by the Crown to the applicant an amount equal to the value of the interest declared by the court.
2: The court may refuse to make an order under subsection (1) if it is satisfied that—
a: the applicant was, in any respect, involved in the commission of the offence in respect of which the forfeiture order was made; or
b: if the applicant acquired the interest at the time of or after the commission of the offence, the applicant did not acquire the interest in the property in good faith and for value, without knowing or having reason to believe that the property was, at the time of the acquisition, tainted property,— but nothing in this subsection shall be taken to require such a refusal. 1991 No 120 s 23D 1992 No 87 s 4
47: Cancellation of registration of forfeiture order
1: Where a forfeiture order has been registered in accordance with section 42
2: Without limiting the generality of subsection (1), the Attorney-General may give a direction under that subsection in relation to an order if the Attorney-General is satisfied—
a: that the order has, since its registration in New Zealand, ceased to have effect; or
b: that the order was registered in contravention of section 42
3: Where, in accordance with a direction given under subsection (1), the Solicitor-General applies to the High Court for cancellation of the registration of an order, the court shall cancel the registration accordingly.
4: Where, pursuant to the Criminal Proceeds (Recovery) Act 2009 section 42 Section 47(4) amended 1 December 2009 section 205 Criminal Proceeds (Recovery) Act 2009
6: Search, seizure, and powers of arrest
Search warrants
48: Issue of search warrants
1: Any issuing officer (within the meaning of section 3 subpart 3 constable who is of or above the level of position of inspector section 11
a: any thing upon or in respect of which a relevant Tribunal offence has been, or is suspected of having been, committed; or
b: any thing which there are reasonable grounds for believing will be evidence as to the commission of any such offence— may issue a search warrant in respect of that thing.
2: An issuing officer (within the meaning of section 3 subpart 3 section 29
a: any thing upon or in respect of which any Tribunal offence has been, or is suspected of having been committed; or
b: any thing which there are reasonable grounds for believing will be evidence as to the commission of such an offence— may issue a search warrant in respect of that thing.
3: The provisions of subparts 1 to 5 7 to 10 sections 161 162
4: In subsection (1), relevant Tribunal offence section 7 Section 48(1) amended 1 October 2012 section 267(4) Search and Surveillance Act 2012 Section 48(1) amended 1 October 2008 section 116(b) Policing Act 2008 Section 48(2) amended 1 October 2012 section 267(5) Search and Surveillance Act 2012 Section 48(3) replaced 1 October 2012 section 267(6) Search and Surveillance Act 2012
49: Form and content of search warrant
Section 49 repealed 1 October 2012 section 267(7) Search and Surveillance Act 2012
50: Powers conferred by warrant
Section 50 repealed 1 October 2012 section 267(7) Search and Surveillance Act 2012
50A: Power to stop vehicles
Section 50A repealed 1 October 2012 section 267(7) Search and Surveillance Act 2012 Execution of search warrants
51: Person executing warrant to produce evidence of authority
Section 51 repealed 1 October 2012 section 267(7) Search and Surveillance Act 2012
52: Notice to owner or occupier of execution of warrant
Section 52 repealed 1 October 2012 section 267(7) Search and Surveillance Act 2012
53: Certificate to Tribunal of execution of warrant
Where—
a: a warrant issued under section 48
b: any thing is seized pursuant to the warrant,— the Attorney-General shall, where the Tribunal concerned requests, give to the Tribunal a certificate specifying the date and time of execution of the warrant, the identity of the person who executed the warrant, and the thing or things seized under the warrant Section 53 amended 1 October 2012 section 267(8) Search and Surveillance Act 2012 Arrest
54: Power to enter premises to arrest person
1: Subject to subsection (2), where—
a: a constable section 16(2)
b: the constable the constable
2: If, in any case to which this section applies, the constable constable constable constable Section 54(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 54(1)﻿(a) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 54(1)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 54(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 General
55: Retention of things seized
1: Where a constable constable constable who is of or above the level of position of inspector
2: Subject to subsection (5), the Commissioner of Police or designated constable
a: inform the Attorney-General that the thing has been so delivered; and
b: retain the thing for a period not exceeding 1 month from the day on which the thing was seized pending the Attorney-General's direction under subsection (3) about how to deal with the thing; and
c: comply with any direction that the Attorney-General gives.
3: The Attorney-General may, by written notice, give the Commissioner of Police or designated constable
4: Without limiting the directions that may be given under subsection (3), the Attorney-General may require the Commissioner of Police or designated constable
5: Subject to sections 154 155 constable
a: the reason for its seizure no longer exists; or
b: it is decided that the thing is not to be used in evidence by the Tribunal concerned— unless the thing seized is the subject of a dispute as to who is entitled to it.
6: Subject to sections 154 155 constable 1992 No 86 s 49(4) Section 55(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 55(1) amended 1 October 2008 section 116(b) Policing Act 2008 Section 55(2) amended 1 October 2008 section 116(b) Policing Act 2008 Section 55(3) amended 1 October 2008 section 116(b) Policing Act 2008 Section 55(4) amended 1 October 2008 section 116(b) Policing Act 2008 Section 55(5) amended 1 October 2012 section 267(9) Search and Surveillance Act 2012 Section 55(5) amended 1 October 2008 section 116(b) Policing Act 2008 Section 55(6) amended 1 October 2012 section 267(10) Search and Surveillance Act 2012 Section 55(6) amended 1 October 2008 section 116(b) Policing Act 2008
7: Miscellaneous
56: Act not to limit other provision of assistance
Nothing in this Act shall prevent the provision of assistance to a Tribunal otherwise than under this Act.
57: Attorney-General may decline to comply with request in certain cases
The Attorney-General may decline to comply with a request to which section 21 29 30 31 35 41
a: to comply with the request would prejudice the sovereignty, security, or national interests of New Zealand; or
b: the request relates to the prosecution of a person for an offence in a case where the person has been tried by a national court or authority, whether in New Zealand or elsewhere, in respect of that offence or for another offence constituted by the same act or omission except where the Tribunal is exercising jurisdiction because—
i: the act or omission for which the person has been tried was characterised as an ordinary offence under the law of the country where the trial took place; or
ii: the proceedings in the national court or authority were—
A: not impartial or independent; or
B: designed to shield the person from international criminal responsibility; or
C: not diligently prosecuted; or
c: the request is for assistance of a kind that would require steps to be taken for its implementation that could not be lawfully taken; or
d: there are some other exceptional circumstances that justify non-compliance with the request.
58: Certificates given by Attorney-General
1: Where the Attorney-General receives a request made by a Tribunal, the Attorney-General may give a certificate certifying all or any of the following facts:
a: that a request for assistance under this Act has been made by the Tribunal:
b: that the request meets the requirements of this Act:
c: that the acceptance of the request has been duly made under and in accordance with this Act.
2: In any proceeding under this Act a certificate purporting to have been given under subsection (1) shall, in the absence of proof to the contrary, be sufficient evidence of the matters certified by the certificate. 1992 No 86 s 64
59: Notification of response to Tribunal request
1: Where a request for assistance under this Act is received from a Tribunal, the Attorney-General shall ensure that the Tribunal is provided with a response to that request.
2: If the Attorney-General declines, in accordance with this Act, to comply with a request, the Attorney-General shall give reasons to the Tribunal for the Attorney-General's decision.
60: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing the procedure to be followed in dealing with requests made by a Tribunal, and providing for notification of the results of action taken pursuant to any such request:
b: prescribing the procedures for obtaining evidence or producing documents or other articles pursuant to a request made by a Tribunal:
c: providing for the payment of fees, travelling allowances, and expenses to any person in New Zealand who gives or provides evidence or assistance pursuant to a request made by a Tribunal:
d: prescribing conditions for the protection of any property sent to a Tribunal pursuant to a request made under this Act; and making provision for the return of property in New Zealand pursuant to a request:
e: prescribing the forms of applications, notices, certificates, warrants, and other documents for the purposes of this Act, and requiring the use of such forms:
f: providing for such other matters as are contemplated by or are necessary for giving full effect to this Act and for its due administration.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 60(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
61: Additional tribunals to be added by Order in Council
1: The Governor-General may from time to time, by Order in Council, declare a tribunal that has been established by the Security Council of the United Nations under chapter VII of the Charter of the United Nations to be a tribunal for the purposes of this Act, and, for that purpose, may also, by the same Order in Council, add a new Part to the Schedule setting out the statute of that tribunal.
2: The Governor-General may from time to time, by Order in Council, declare that a tribunal has ceased to be a tribunal for the purposes of this Act and, for that purpose, may also, by the same Order in Council, omit the Part of the Schedule that sets out the statute of that tribunal.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 61(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
62: Amendment to Diplomatic Privileges and Immunities Act 1968
Amendment(s) incorporated in the Act(s)