New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Judicial committees
  • 13 Apr 2022

    MINISTER OF JUSTICE v KYUNG YUP KIM [2022] NZSC 44

    Citation
    [2022] NZSC 44
    Court
    Supreme Court

    The Supreme Court (majority) held the further diplomatic assurances and PRC responses — that the respondent would be detained and tried in Shanghai, that New Zealand consular visits during investigation would be permitted at least every 48 hours and on request, and assurances regarding judicial committee procedures and disclosure consistent with PRC domestic law — provided a reasonable basis for the Minister to be satisfied there were no substantial grounds to believe the respondent faced a real risk of torture or an unfair trial; accordingly the Court allowed the appeal, set aside the Court…