15 Dec 2023
McKELVY v UNITED STATES OF AMERICA [2023] NZHC 3698
- Citation
- [2023] NZHC 3698
- Court
- High Court
The Court held the District Court did not err: under New Zealand law importation for the Misuse of Drugs Act does not require Customs clearance and goods merely in transit can constitute importation; the extradition court may consider the indictment and all documents in the formal request in applying the conduct test to satisfy double criminality; the ROC and SROC contained sufficient evidence to establish a prima facie case that would justify trial in New Zealand under the Misuse of Drugs Act; and the judicial review claim was duplicative and dismissed. The determination that the appellant i…
- Double criminality
- Surrender eligibility (s24 extradition act 1999)
- Importation under misuse of drugs act 1975
- Record of case (roc) admissibility
- Co-conspirator hearsay
- Prima facie case assessment