In New Zealand the ICC has the capacities of a body corporate and may undertake any lawful activity that is necessary for the fulfilment of its functions and purposes.

Any premises of the ICC in New Zealand are inviolable.

The ICC may display its flag, emblem, and markings at its premises and on vehicles and other means of transportation used for official purposes.

In New Zealand, the ICC and its property, funds, and other assets, in any form and regardless of who holds them, enjoy immunity from suit and other legal process.

Subclause (1) does not apply if, in a particular case, the ICC has expressly waived its immunity.

If the ICC grants a waiver under subclause (2), a separate waiver of immunity is required before any judgment or other order may be executed against the ICC or against its property, funds, or other assets.

The ICC has immunity from search, requisition, confiscation, expropriation, or any other form of interference in relation to its property, funds, and other assets.

To the extent necessary to carry out its functions, the property, funds, and other assets of the ICC are exempt from restrictions, controls, or moratoria of any nature and however described, imposed by or under any enactment.

In New Zealand, the archives of the ICC, and all papers and documents in any form and regardless of who holds them, and materials being sent to or from the ICC, held by the ICC or belonging to it, are inviolable.

Subclause (1) does not affect any protective measures that the ICC may order under the Rome Statute or the Rules of Procedure and Evidence with regard to documents and materials that—

The ICC, its assets, income, and other property, and its operations and transactions are exempt from income tax and rates, other than rates that are charges for the supply of water, electric power, rubbish collection, or other public utility services.

However, there is no exemption for duties and taxes which are included in the price of movable and immovable property and taxes paid for services supplied (for example, goods and services tax).

Subclause (2) does not prevent the making of administrative arrangements in accordance with any applicable enactment for the reimbursement of goods and services tax and any duties paid on major purchases of the kind referred to in Article 9(1) of the agreement.

This clause applies to—

The ICC is exempt from tax, duties, and prohibitions and restrictions under the Customs and Excise Act 2018 in respect of goods to which this clause applies.

For the purposes of its official communications and correspondence, the ICC has the right to enjoy treatment no less favourable than that accorded to any intergovernmental organisation or diplomatic mission in New Zealand in the matter of priorities, rates, and taxes applicable to mail and the various forms of communication and correspondence.

The official communications and correspondence of the ICC are inviolable and may not be intercepted or censored under New Zealand law.

The ICC may use all means of communication that it considers appropriate, including electronic means of communication, and has the right to use codes or cipher for its official communications and correspondence.

The ICC may dispatch and receive correspondence and other materials or communications by courier or in sealed bags with the same privileges, immunities, and facilities as diplomatic couriers and bags.

The ICC enjoys in New Zealand any other privileges and immunities that are not provided for in clauses 6 to 14 that are necessary for the fulfilment of its purposes.

The privileges and immunities conferred under this Part on Judges and staff of the ICC, and other individuals involved in ICC proceedings, are granted to facilitate the good administration of justice and are not for the personal benefit of the individuals themselves.

Every Judge, the Prosecutor, every Deputy Prosecutor, and the Registrar enjoys the same privileges and immunities, when engaged on or with respect to the business of the ICC, as are accorded to heads of diplomatic missions.

The salaries, emoluments, and allowances paid by the ICC to its Judges, the Prosecutor, the Deputy Prosecutors, and the Registrar, including those who are New Zealand citizens or permanent residents, are exempt from taxation in New Zealand.

If any incidence of any form of taxation depends on residence, periods during which the Judges, the Prosecutor, the Deputy Prosecutors, and the Registrar are present in New Zealand for the discharge of their functions are not treated as periods of residence in New Zealand for the purposes of the Inland Revenue Acts.

If subclause (1) applies, salaries, emoluments, and allowances may be taken into account for the purpose of assessing the amount of tax payable in respect of income from other sources.

To avoid doubt, pensions or annuities paid to former Judges, Prosecutors, Deputy Prosecutors, and Registrars and their dependants are not exempt from income tax in New Zealand.

The Judges, the Prosecutor, the Deputy Prosecutors, the Registrar, and members of their families forming part of their households enjoy—

This clause does not apply to New Zealand citizens and permanent residents.

If a Judge, the Prosecutor, a Deputy Prosecutor, or the Registrar, for the purpose of holding himself or herself at the disposal of the ICC, resides in New Zealand, but is not a New Zealand citizen or permanent resident, he or she, together with family members forming part of his or her household, enjoy all the diplomatic privileges, immunities, and facilities granted to diplomatic agents in similar circumstances under the Vienna Convention.

The Judges, the Prosecutor, the Deputy Prosecutors, and the Registrar who travel through New Zealand on journeys in connection with the exercise of their functions for the ICC enjoy all the privileges, immunities, and facilities granted to diplomatic agents in similar circumstances under the Vienna Convention.

Subclause (1) applies to New Zealand citizens and permanent residents only to the extent that the privileges and immunities are of the kind specified in clause 22.

Every Judge, Prosecutor, Deputy Prosecutor, or Registrar who is a New Zealand citizen or permanent resident enjoys the following privileges and immunities under New Zealand law when engaged on or with respect to the business of the ICC, to the extent necessary for the independent performance of his or her functions:

After the expiry of his or her term of office, a Judge, the Prosecutor, a Deputy Prosecutor, and the Registrar (including a person to whom clause 22 applies) continues to enjoy immunity from suit or other legal process of every kind in respect of words which had been spoken or written and acts which had been performed by that person in his or her official capacity.

Clauses 17 to 21, and, if applicable, clause 22, apply to a Judge of the ICC, even after his or her term of office has expired, if the Judge continues to exercise his or her functions in accordance with Article 36(10) of the Rome Statute.

The privileges and immunities conferred by clauses 17 to 24 may be waived in accordance with Article 26(2)(a) to (c) of the agreement and Article 48(5)(a) to (c) of the Rome Statute in the following manner:

The Deputy Registrar, the staff of the Office of the Prosecutor, and the staff of the Registry enjoy such privileges, immunities, and facilities under New Zealand law when engaged on or with respect to the business of the ICC as are necessary for the independent performance of their functions and in particular, the privileges and immunities specified in clauses 27 to 33.

A person who is a New Zealand citizen or permanent resident is entitled only to the privileges and immunities specified in clauses 27, 28, 29, and 32.

The Deputy Registrar, the staff of the Office of the Prosecutor, and the staff of the Registry enjoy immunity from personal arrest or detention under New Zealand law, to the extent necessary for the independent performance of their functions.

The Deputy Registrar, the staff of the Office of the Prosecutor, and the staff of the Registry enjoy immunity from suit or other legal process of every kind in New Zealand in respect of words spoken or written and all acts performed by them in their official capacity.

The immunity in subclause (1) continues after the end of the person’s employment with the ICC, in respect of acts done while so employed.

Official papers, documents, and materials in any form relating to the exercise of the functions of the Deputy Registrar, the staff of the Office of the Prosecutor, and the staff of the Registry are inviolable.

The Deputy Registrar, the staff of the Office of the Prosecutor, and the staff of the Registry who are New Zealand citizens or permanent residents have the right to receive and send papers and documents in any form for the purposes of their communications with the ICC.

The Deputy Registrar, the staff of the Office of the Prosecutor, and the staff of the Registry—

Subclause (1)(b) does not apply if a constable or any other enforcement officer has substantial grounds for believing that the baggage contains articles the import or export of which—

If subclause (2) applies, the baggage of any official referred to in subclause (1) may be inspected, but any such inspection must be conducted only if authorised under another enactment and in the presence of that official.

Subject to clause 29(1), this clause does not apply to New Zealand citizens or permanent residents.

The Deputy Registrar, the staff of the Office of the Prosecutor, and the staff of the Registry, together with members of their families forming part of their household, have the same repatriation facilities in times of international crisis as are accorded to diplomatic agents under the Vienna Convention.

This clause does not apply to New Zealand citizens and permanent residents.

The Deputy Registrar, the staff of the Office of the Prosecutor, and the staff of the Registry (including those who are New Zealand citizens or permanent residents) are exempt from taxation in New Zealand on the salaries, emoluments, and allowances paid to them by the ICC.

To avoid doubt,—

The Deputy Registrar, the staff of the Office of the Prosecutor, and the staff of the Deputy Registrar are exempt from duties on furniture and effects imported at the time of first taking up post in New Zealand and have the right to re-export such furniture and effects free of duties to their country of permanent residence.

This clause does not apply to New Zealand citizens and permanent residents.

The privileges and immunities conferred by clauses 27 to 33 may be waived in accordance with Article 26(2)(c) and (d) of the agreement and Article 48(5)(c) and (d) of the Rome Statute in the following manner:

This clause applies to personnel recruited by the ICC in New Zealand who are not otherwise covered by this order.

A person to whom this clause applies enjoys immunity from legal process in respect of words spoken or written and all acts performed in his or her official capacity for the ICC.

The immunity described in subclause (2) continues after the end of the period of the person’s employment with the ICC, in respect of activities while so employed.

During his or her employment, a person enjoys such other facilities as may be necessary for the independent exercise of his or her functions for the ICC.

The immunity conferred in clause 35 may be waived in accordance with Article 26(2)(e) of the agreement by the head of the organ of the ICC employing the person concerned.

A counsel enjoys the privileges, immunities, and facilities specified in clauses 38 to 43 to the extent necessary for the independent performance of his or her functions as counsel (including the time spent on journeys in connection with the performance of his or her functions).

The enjoyment by counsel of the privileges, immunities, and facilities is subject to production of the Registrar’s certificate under Article 18(2) of the agreement.

This clause and clauses 38 to 43 apply, with any necessary modifications, to persons assisting defence counsel in accordance with Rule 22 of the Rules of Procedure and Evidence.

A person to whom this clause applies who is a New Zealand citizen or permanent resident is entitled only to the privileges and immunities specified in clauses 38, 39, and 40.

A counsel enjoys immunity from personal arrest or detention.

A counsel enjoys immunity from suit and other legal process of every kind in respect of words spoken or written and all acts performed by that counsel in his or her official capacity as counsel.

The immunity in subclause (1) continues after the counsel has ceased to exercise his or her functions in relation to words spoken or written and all acts performed as counsel.

Papers, documents, and materials, in any form, relating to the exercise of a person’s functions as counsel are inviolable.

A counsel has the right to receive and send papers and documents in any form for the purposes of communications in pursuance of his or her functions as counsel.

A counsel—

Subclause (1)(b) does not apply if a constable or any other enforcement officer has substantial grounds for believing that the baggage contains articles the import or export of which—

If subclause (2) applies, the baggage of a counsel may be inspected, but any such inspection must be conducted only if authorised under another enactment and in the presence of that counsel.

Subject to clause 40(1), this clause does not apply to New Zealand citizens or permanent residents.

A counsel has the same repatriation facilities in times of international crisis as are accorded to a diplomatic agent under the Vienna Convention.

This clause does not apply to New Zealand citizens or permanent residents.

If the incidence of any form of taxation depends upon residence, periods during which a counsel is present in New Zealand for the discharge of his or her functions are not considered under New Zealand law to be periods of residence.

The privileges and immunities provided in clauses 38 to 42 may be waived in accordance with Article 26(2)(f) of the agreement by the Presidency.

An expert performing functions for the ICC enjoys the privileges, immunities, and facilities specified in clauses 46 to 50 to the extent necessary for the independent exercise of his or her functions (including the time spent on journeys in connection with his or her functions).

An expert’s enjoyment of the privileges, immunities, and facilities is subject to production of the document provided by the ICC under Article 21(2) of the agreement that is issued by the ICC certifying that the expert is performing functions for the ICC and specifying a time period for which his or her functions will last.

An expert who is a New Zealand citizen or permanent resident is entitled only to the privileges and immunities specified in clauses 46, 47, and 48.

An expert enjoys immunity from personal arrest or detention.

An expert enjoys immunity from suit and other legal process of every kind in respect of words spoken or written and all acts performed by him or her in the course of the performance of his or her functions for the ICC.

The immunity in subclause (1) continues after the expert has ceased to exercise his or her functions in relation to words spoken or written and all acts performed in the course of the performance of his or her functions for the ICC.

All papers and documents in any form and materials relating to the exercising of the person’s functions as an expert for the ICC are inviolable.

An expert has the right to receive and send papers and documents in any form by courier or in sealed bags for the purposes of his or her communications with the ICC.

An expert—

Subclause (1)(b) does not apply if a constable or any other enforcement officer has substantial grounds for believing that the baggage contains articles the import or export of which—

If subclause (2) applies, the baggage of an expert may be inspected but any such inspection must be conducted only if authorised under another enactment and in the presence of that expert.

Subject to clause 48(1), this clause does not apply to New Zealand citizens or permanent residents.

An expert has the same repatriation facilities in times of international crisis as are accorded to diplomatic agents under the Vienna Convention.

This clause does not apply to New Zealand citizens or permanent residents.

The privileges and immunities provided in clauses 46 to 50 may be waived in accordance with Article 26(2)(h) of the agreement by the head of the organ of the ICC appointing the expert.

A witness enjoys the privileges, immunities, and facilities specified in clauses 53 to 57 to the extent necessary for his or her appearance before the ICC for purposes of giving evidence (including the time spent on journeys in connection with his or her appearance before the ICC).

A witness’s enjoyment of the privileges, immunities, and facilities is subject to production of the document provided by the ICC under Article 19(2) of the agreement certifying that the appearance of the witness is required and specifying a time period during which that appearance is necessary.

A witness who is a New Zealand citizen or permanent resident is entitled only to the privileges and immunities specified in clauses 53, 54, and 55.

A witness enjoys immunity from personal arrest or detention.

A witness enjoys immunity from suit or other legal process of every kind in respect of words spoken or written and all acts performed by the witness in the course of his or her testimony.

The immunity in subclause (1) continues after a witness’s appearance and testimony before the ICC in relation to words spoken or written and all acts performed in the course of his or her testimony.

Papers, documents, and materials, in any form, relating to a person’s testimony as a witness before the ICC are inviolable.

A witness has the right to receive and send papers and documents in any form for the purposes of communications with the ICC and counsel in connection with his or her testimony.

Subject to clause 55(1), a witness enjoys immunity from seizure of his or her personal baggage.

Subclause (1) does not apply if a constable or any other enforcement officer believes that the baggage contains articles the import or export of which—

Subject to clause 55(1), this clause does not apply to New Zealand citizens and permanent residents.

A witness has the same repatriation facilities in times of international crisis as is accorded to diplomatic agents under the Vienna Convention.

This clause does not apply to New Zealand citizens and permanent residents.

The privileges and immunities provided in clauses 53 to 57 may be waived in accordance with Article 26(2)(g) of the agreement by the Presidency.

A victim participating in the proceedings in accordance with Rules 89 to 91 of the Rules of Procedure and Evidence enjoys the privileges, immunities, and facilities specified in clauses 60 to 62 to the extent necessary for his or her appearance before the ICC (including the time spent on journeys in connection with his or her appearance before the ICC).

A victim’s enjoyment of the privileges, immunities, and facilities is subject to production of the document provided by the ICC under Article 20(2) of the agreement that is issued by the ICC certifying that the participation of the victim in the proceedings of the Court is required and specifying a time period for that participation.

The provisions of this clause and clauses 60 to 62 apply, with any necessary modifications, to other persons required to be present at the ICC to the extent necessary for their presence.

A person to whom this clause applies who is a New Zealand citizen or permanent resident is entitled only to the privileges and immunities specified in clauses 60 and 61.

A victim enjoys immunity from personal arrest or detention.

A victim enjoys immunity from suit or other legal process of every kind in respect of words spoken or written and all acts performed by them in the course of their appearance before the ICC.

The immunity in subclause (1) continues after a victim’s appearance before the ICC in relation to words spoken or written and all acts performed in the course of his or her appearance.

A victim enjoys immunity from seizure of his or her personal baggage.

Subclause (1) does not apply if a constable or any other enforcement officer believes that the baggage contains articles the import or export of which—

This clause does not apply to New Zealand citizens and permanent residents.

The privileges and immunities provided in clauses 60 to 62 may be waived by the Presidency in accordance with Article 26(2)(g) of the agreement (in the case of victims) and Article 26(2)(i) of the agreement (in the case of other persons required to be present at the seat of the ICC).

A representative of a State, while exercising his or her official functions, and during his or her journey to and from the place of the proceedings in New Zealand, enjoys the privileges and immunities referred to in clauses 66 to 71.

The privileges and immunities conferred by this clause—

This Part applies to any of the following persons attending a meeting of the Assembly or its subsidiary organs in New Zealand:

but does not include any representative of the Government of New Zealand.

While exercising his or her official functions and during his or her journey to and from the place of meeting, a representative to whom this Part applies enjoys the privileges and immunities set out in clauses 66 to 71.

A representative to whom this Part applies enjoys immunity from personal arrest or detention.

A representative to whom this Part applies enjoys immunity from suit or other legal process of every kind in respect of words spoken or written and all acts performed by the representative in his or her official capacity.

The immunity in subclause (1) continues after the representative has ceased to exercise his or her functions in relation to words spoken or written and all acts performed as a representative.

Papers and documents of a representative in any form are inviolable.

A representative has the right to use codes or cipher, to receive papers and documents or correspondence by courier or in sealed bags, and to receive and send electronic communications.

A representative has the same immunities and facilities in respect of his or her personal baggage as are accorded to diplomatic envoys under the Vienna Convention.

A representative has the same protection and repatriation facilities in times of international crisis as are accorded to diplomatic agents under the Vienna Convention.

A representative enjoys such other privileges, immunities, and facilities as diplomatic agents enjoy that are not inconsistent with those conferred in clauses 66 to 71.

Despite subclause (1), a representative has no right to claim exemption from duties on goods imported (otherwise than as part of his or her personal baggage) or from goods and services tax.

If the incidence of any form of taxation depends upon residence, periods during which the representative is present in New Zealand for the discharge of his or her functions are not considered to be periods of residence for the purposes of the Inland Revenue Acts.

The privileges and immunities conferred by this clause—