20 Feb 2017
ORTMANN v THE UNITED STATES OF AMERICA [2017] NZHC 189
- Citation
- [2017] NZHC 189
- Court
- High Court
The High Court confirmed the District Court properly determined eligibility: the conduct alleged in the US superseding indictment, read in context, falls within Article II.16 (conspiracy to defraud) and, where applicable, is captured by NZ statutory offences (Crimes Act ss228,249,240 and s98A) deemed into the US–NZ Treaty by s101B; the Record of the Case and its s25 certificates were admissible and preserved evidence sufficient to establish a prima facie case under s24(2)(d); the Copyright Act s131 criminal provisions do not reach 'making available' online (that right was not criminalised in…