31 Oct 2017
TUKAKI v THE DISTRICT COURT AT TAURANGA & ANOR [2017] NZHC 843
- Citation
- [2017] NZHC 843
- Court
- High Court
Judge Ingram did not err in law; appellant failed to prove either limb of s 8(1)(c) because personal and cultural circumstances lacked the required nexus to the delay and were not extraordinary or compelling under s 48(4)(a)(ii); comity justifies a presumption of fair trial protections in Australia absent clear contrary evidence; referral to the Minister was not warranted; the High Court dismissed the appeal and judicial review and confirmed the surrender order.
- S 8 discretionary restriction on surrender
- S 45 eligibility for surrender
- S 48 referral to minister
- Comity
- Delay and nexus to personal circumstances
- Tikanga/māori cultural considerations