The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 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.

These regulations are administered by the Ministry of Justice.

Pursuant to section 60 of the International War Crimes Tribunals Act 1995, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

1	Title and commencement
2	Interpretation
3	Forms
4	Issue of summons to appear as witness or produce documents or articles
5	Witnesses expenses
6	Registration of forfeiture orders
7	Notification of results of action
	Schedule Forms
	Gazette Information
	Notes

Regulations

1 Title and commencement

(1)

These regulations may be cited as the International War Crimes Tribunals Regulations 1995.

(2)

These regulations shall come into force on 8 August 1995.

2 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

(a)

a reference to the Act means the International War Crimes Tribunals Act 1995:

(b)

a reference to a numbered form is a reference to the form so numbered in the Schedule.

(2)

Expressions not defined in these regulations but defined in the Act have, in these regulations, the meanings so defined.

3 Forms

(1)

The forms set out in the Schedule are the forms to be used in respect of the proceedings or matters under the Act to which those forms relate.

(2)

Such variations may be made in any prescribed form as the circumstances of any particular case may require.

(3)

Strict compliance with the prescribed forms is not necessary, and substantial compliance, or such compliance as the particular circumstances of the case allow, is sufficient.

4 Issue of summons to appear as witness or produce documents or articles

(1)

Where, under section 21(2) of the Act, the Attorney-General authorises the taking of evidence, or the production of documents or other articles, or both, a Judge or a Registrar of the High Court authorised under section 28(1) of the Act may issue a summons in form 4 requiring the person to whom it is addressed to attend at the time and place specified in the summons—

(a)

where, under section 21(2) of the Act, the Attorney-General has authorised the taking of evidence, to give evidence:

(b)

where, under section 21(2) of the Act, the Attorney-General has authorised the production of documents or other articles, to produce such documents or articles as are specified in the summons.

(2)

Every summons issued under subclause (1) in respect of any person shall be served on that person in accordance with the rules in relation to service of a summons made under the Criminal Procedure Act 2011 that apply (with all necessary modifications).

(3)

[Revoked]

Regulation 4(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Regulation 4(3): revoked, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

5 Witnesses expenses

Every person attending a court upon a summons issued under regulation 4 shall be entitled to receive such fees, allowances, and travelling expenses as the court directs in accordance with the Witnesses and Interpreters Fees, Allowances, and Expenses Regulations 2023.

Regulation 5: amended, on 1 May 2023, by regulation 16(1) of the Witnesses and Interpreters Fees, Allowances, and Expenses Regulations 2023 (SL 2023/18).

6 Registration of forfeiture orders

(1)

The registration of a forfeiture order required to be registered under section 42 of the Act shall be effected by the entry, in an appropriate record book kept by the Registrar, of the following particulars:

(a)

the nature of the forfeiture order:

(b)

the names of the parties to the forfeiture order:

(c)

the name of the Tribunal or other authority that made the forfeiture order:

(d)

the date of the forfeiture order:

(e)

the property to which the forfeiture order applies:

(f)

the date of the order for registration.

(2)

Under the entry and on the copy of the order the Registrar shall endorse and sign the following minute:

“
Registered in the High Court at [place], on [date of registration] pursuant to section 42 of the International War Crimes Tribunals Act 1995.”

7 Notification of results of action

(1)

Where the Attorney-General or any Judge or Registrar exercises any power under the provisions of this Act, the Attorney-General shall, within 14 days of the date of the exercise of the power, cause written notice of the exercise of the power to be sent to the Tribunal that made the request to which the exercise of the power relates.

(2)

Every notice required to be sent to a tribunal under subclause (1) shall be sent—

(a)

by posting it to the last known address of the Registry of the Tribunal; or

(b)

by sending it by facsimile to the last known facsimile number of the Registry of the Tribunal.

Schedule Forms

Form 1 Warrant to arrest person who is sought by a Tribunal

Section 7, International War Crimes Tribunals Act 1995

To every constable:

(or To [full name], constable)

I have received from the Attorney-General a notice in writing stating that the [name of Tribunal] has requested the surrender of [full name] of [address and occupation] and has issued a warrant to arrest that person.

I direct you to arrest this person and bring him/her* before the High Court as soon as possible.

Dated at [place, date]

High Court Judge:

*Delete whichever is inapplicable.

Schedule form 1: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Form 2 Surrender warrant

Section 14, International War Crimes Tribunals Act 1995

*To the manager of the prison at [address of prison] or [name of person in whose custody the eligible person is held]

and

To [full name], a constable

and

To [name of officer of Tribunal or person authorised by the Tribunal who is to receive the eligible person from a constable], (hereinafter described as the specified person).

I have determined that [full name] of [address and occupation] (hereinafter referred to as the eligible person) is to be surrendered to the [name of Tribunal] Tribunal.

I direct you [name of the manager or other person in whose custody the eligible person is held] to release the eligible person to [name of the constable who is authorised to receive the eligible person]; and

I authorise you the said 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:

–
to be placed in the custody of [name of specified person]
–
to be transported to [name of place to which the Tribunal has requested the eligible person to be transported]; and

I authorise you [name of specified person] to receive the eligible person from a constable and transport the person to [name of place to which the Tribunal has requested the eligible person be transported] and there to deliver the eligible person to a person appointed by the [name of Tribunal] Tribunal to receive the eligible person.

Dated at [place, date]

Attorney General:

*Delete if inapplicable.

Schedule form 2: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Schedule form 2: amended, on 1 June 2005, by section 207 of the Corrections Act 2004 (2004 No 50).

Form 3 Authorisation to take evidence (or produce documents or other articles)

Section 21(2), International War Crimes Tribunals Act 1995

I have received a request from [specify Tribunal], to make arrangements for the evidence set out in the schedule of this authority to be taken in New Zealand (or for the documents or other articles set out in the schedule of this authority to be produced in New Zealand).

I am 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 that the documents or other articles can be produced) in New Zealand.

Pursuant to section 21(2) of the International War Crimes Tribunals Act 1995, I hereby authorise the taking of the evidence (or the production of the documents or other articles).

Dated at [place, date]

Attorney-General:

Schedule

[Set out the general nature of the evidence to be taken, (or a description of the documents or articles to be produced), and the name(s) and, if known, the address(es) of the person(s) who is (are) to give evidence (or who have custody of the documents or articles)].

Form 4 Summons to witness

International War Crimes Tribunals Act 1995

To [full name], of [address and occupation].

You are summoned to attend at the High Court at [place] on [date] at [time] and on such other days as may be directed by the court—

*
to give evidence in respect of [state brief particulars of Tribunal proceedings]
*
to produce the following documents (or articles):

Dated at [place, date]

Judge of the High Court (or Registrar of the High Court):

*Delete if inapplicable.

Form 5 Authorisation to apply for search warrant

[Revoked]

Schedule form 5: revoked, on 1 October 2012, by regulation 4 of the International War Crimes Tribunals Amendment Regulations 2012 (SR 2012/239).

Form 6 Warrant to search and seize thing relevant to Tribunal offence

[Revoked]

Schedule form 6: revoked, on 1 October 2012, by regulation 4 of the International War Crimes Tribunals Amendment Regulations 2012 (SR 2012/239).

Marie Shroff,
Clerk of the Executive Council

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 6 July 1995.

Notes

1 General

This is a consolidation of the International War Crimes Tribunals Regulations 1995 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Witnesses and Interpreters Fees, Allowances, and Expenses Regulations 2023 (SL 2023/18): regulation 16(1)

International War Crimes Tribunals Amendment Regulations 2012 (SR 2012/239)

Criminal Procedure Act 2011 (2011 No 81): section 413

Policing Act 2008 (2008 No 72): section 116(a)(ii)

Corrections Act 2004 (2004 No 50): section 207