New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Torture

  • 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…

  • 31 Aug 2017

    KIM v THE MINISTER OF JUSTICE [2017] NZHC 2109

    Citation
    [2017] 3 NZLR 823
    Court
    High Court

    The Minister's decision to surrender was lawfully made and open to a reasonable decision-maker because she addressed the specific judicially-identified deficiencies by obtaining material further information and expert advice, secured detailed case-specific diplomatic assurances from China, obtained MFAT commitments to proactive monitoring and timely access to unedited interrogation recordings, and reasonably concluded those measures mitigated real risks of torture, protected fair trial rights and ensured the death penalty would not be applied; discretionary grounds relating to delay, health a…

  • 31 Oct 2016

    E v MBIE [2016] NZHC 2599

    Citation
    [2016] NZHC 2599
    Court
    High Court

    The Court granted an extension of time under s247(1) because the delay was relatively short (11–15 days), there was an explanation in counsel error compounded by incorrect RPO advice, and the preliminary merits were strong: the combined independent medical report constituted new, material evidence which the RPO erred in dismissing without proper consideration under s140(3), such that special circumstances existed to allow the late filing.

  • 19 Jun 2014

    KIM v THE ATTORNEY-GENERAL OF NEW ZEALAND [2014] NZHC 1383

    Citation
    [2014] NZHC 1383
    Court
    High Court

    Judicial review dismissed in all respects except that the police acted unlawfully in photographing and fingerprinting Mr Kim after arrest on a provisional arrest warrant because the Extradition Act and related statutory scheme did not authorize taking identifying particulars at that stage; substantive rights (death penalty, torture, fair trial) are to be assessed by the Minister at the surrender stage and were prematurely raised before the Minister's s30 decision.