Version as at 1 July 2023 Crimes of Torture Act 1989 Part 1 s 14 12 Attorney-General’s consent required to prosecutions (1) Subject to subsection (2), no proceedings for the trial and punishment of any person charged with a crime described in subsection (1) or subsection (2) of section 3 shall be instituted in any court except with the consent of the Attorney-General. (2) A person charged with a crime against any of those provisions may be arrested, or a warrant for his or her arrest may be issued and executed, and that person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the institution of a prosecution for the crime has not been obtained, but no further proceedings shall be taken until that consent has been obtained. 13 Evidence For any purpose in connection with this Act, a certificate, given by the Secre‐ tary of Foreign Affairs and Trade or any Deputy Secretary of Foreign Affairs and Trade, certifying— (a) that any country is or is not, or was or was not at any material time, a party to the Convention; or (b) that the Government of any country is or is not, or was or was not at any material time, responsible for the international relations of any territory,— shall be sufficient evidence of that fact. Section 13: amended, on 1 July 1993, pursuant to section 9(4) of the Foreign Affairs Amendment Act 1993 (1993 No 48). 14 Application of certain provisions of Crimes Act 1961 (1) Nothing in section 8 of the Crimes Act 1961 (which relates to jurisdiction in respect of crimes on ships or aircraft beyond New Zealand) or in section 400 of that Act (which requires the consent of the Attorney-General to proceedings in certain cases for offences on ships or aircraft) shall apply with respect to any proceedings brought under section 3 of this Act. (2) Except as provided in subsection (1), nothing in this Act shall limit or affect any of the provisions of the Crimes Act 1961. 7

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