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03Jul1995

International War Crimes Tribunals Regulations 1995
(SR 1995/138)

- New Zealand -

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Reprint
as at 1 July 2013

International War Crimes Tribunals Regulations 1995
(SR 1995/138)

Catherine A Tizard, Governor-General

Order in Council

At Wellington this 3rd day of July 1995

Present: Her Excellency the Governor-General in Council

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.

Contents

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

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 scale set out in the Witnesses and Interpreters Fees Regulations 1974 (SR 1974/124).

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 1995,1 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 Acts and Regulations Publication Act 1989. Date of notification in Gazette: 6 July 1995.

Contents

1 General
2 Status of reprints
3 How reprints are prepared
4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
5 List of amendments incorporated in this reprint (most recent first)

Notes

1 General

This is a reprint of the International War Crimes Tribunals Regulations 1995. The reprint incorporates all the amendments to the regulations as at 1 July 2013, as specified in the list of amendments at the end of these notes. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/.

2 Status of reprints

Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted. A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

  • omission of unnecessary referential words (such as "of this section" and "of this Act")
  • typeface and type size (Times Roman, generally in 11.5 point)
  • layout of provisions, including:
    • indentation
    • position of section headings (eg, the number and heading now appear above the section)
  • format of definitions (eg, the defined term now appears in bold type, without quotation marks)
  • format of dates (eg, a date formerly expressed as "the 1 st day of January 1999" is now expressed as "1 January 1999")
  • position of the date of assent (it now appears on the front page of each Act)
  • punctuation (eg, colons are not used after definitions)
  • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
  • case and appearance of letters and words, including:
    • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
    • small capital letters in section and subsection references are now capital letters
  • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
  • running heads (the information that appears at the top of each page)
  • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

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

[Source: New Zealand Legislation, Parliamentary Counsel Office.]

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