4 Nov 2020
MATHIAS ORTMANN v UNITED STATES OF AMERICA [2020] NZSC 120
- Citation
- [2010] 1 NZLR 475
- Court
- Supreme Court
The Supreme Court held that double criminality is a necessary precondition to extradition under Part 3 of the Extradition Act 1999; s24(2)(c) requires satisfaction that the conduct is within the treaty offence, punishable in the requesting state by a maximum ≥12 months, and would constitute a like New Zealand offence punishable by ≥12 months; s131 Copyright Act criminalises knowingly dealing with infringing copies including digital files and provides an extradition pathway for counts 2 and 4–8 (safe harbours, incidental/transient copying and limitation provisions do not preclude liability on…