Moshe Ya'alon's visit to New Zealand was organised by the Jewish National Fund. Picture / Reuters

Moshe Ya'alon's visit to New Zealand was organised by the Jewish National Fund. Picture / Reuters

Attorney-General Michael Cullen has over-ruled a District Court judge's decision to issue an arrest warrant against a visiting former Israeli general the judge believed was answerable for Middle East war crimes.

Auckland District Court Judge Avinash Deobhakta on Monday issued warrants ordering the arrest of Moshe Ya'alon, a former Israeli Defence Force chief of staff and head of intelligence.

The warrants were in response to information laid with the court under New Zealand's obligations as a signatory to the Geneva Convention.

Papers lodged with the court, and obtained by the Herald, alleged General Ya'alon played a central role in the 2002 assassination of suspected Hamas commander Salah Shehadeb in Gaza City.

The assassination, in the form of a bomb strike on Mr Shehadeb's home, also killed seven members of the neighbouring Mattar family and 15 others.

The court papers said General Ya'alon later admitted to his part in the planning of the assassination and was, therefore, a party to the bombing.

Judge Deobhakta noted the bombing had drawn international condemnation and ordered the warrants be issued.

The application, in the name of an Auckland company director, Janfrie Wakim, established a prima facie case against General Ya'alon, he said.

"I am satisfied [the papers] disclosed 'good and sufficient reasons' to believe that he was, together with others, responsible for the bombing."

But the judge's warrant was never enforced and on Wednesday Dr Cullen ordered a stay of proceedings.

The minister said yesterday he issued the stay after advice from Crown Law that the evidence against General Ya'alon was not sufficient. But he sidestepped questions on whether the Government believed a war crimes case could be made against General Ya'alon.

In a written statement supplied to the Herald, he said: "The materials supplied to support the allegations could not be relied upon to show a prima facie case against the defendant."

Asked if the Government had any concerns about General Ya'alon's past conduct, he said: "The Crown has no evidence of any allegations that would be relevant in determining the legal issues."

Judge Deobhakta determined when issuing the ruling that the while any prosecution required the leave of the Attorney General to proceed, his consent was not needed to issue a warrant.