21 Mar 2014
DOTCOM, BATATO, ORTMANN and VAN DER KOLK v THE UNITED STATES OF AMERICA [2014] NZSC 24
- Citation
- [2014] NZSC 24
- Court
- Supreme Court
The Supreme Court (majority) dismissed the appeal: s25 does not compel the provision of copies of all documents summarised in a record of the case, and a requesting state may elect what material to tender subject to a duty of candour; the extradition court does not have a general statutory power to order broad pre-hearing disclosure from a foreign requesting state, although courts may require reasonable pre-hearing particulars, direct timing of disclosure to ensure a fair hearing, and in exceptional cases seek further information via treaty/government channels or order specific limited disclo…