28 Jun 2013
MAILLEY V DISTRICT COURT AT NORTH SHORE CA288/2011 [2013] NZCA 266
- Citation
- [2013] NZCA 266
- Court
- Court of Appeal
The appeal is allowed because, although the naming of the New Zealand Police as applicant was a procedural technicality and did not cause demonstrated prejudice, the courts below failed to consider whether appellant's serious mental and physical health issues constituted "compelling or extraordinary circumstances" under s48(4)(a)(ii); the District Court's finding of eligibility under s45 is confirmed, the surrender order and High Court decision are quashed and the matter is remitted to the District Court solely to determine whether to refer the case to the Minister under s48(4)(a)(ii).