Kim v Minister of Justice - [2016] 3 NZLR 425

International law — Extradition — Whether surrender to People’s Republic of China should be ordered — Whether Minister’s power lawfully exercised — Whether fair trial possible — Effect of non-disclosure to third parties — Whether assurances interrogations would be recorded adequate substitute for presence of lawyer — Whether assurances against torture and ill-treatment adequate — Whether assurances could be relied upon — Whether adequate reasons for decision — Whether decision reasonable — New Zealand Bill of Rights Act 1990, ss 6, 8, 9, 23, 24 and 25.

Human rights — New Zealand Bill of Rights Act 1990 — Whether surrender to People’s Republic of China should be ordered — Whether Minister’s power lawfully exercised — Whether fair trial possible — Effect of non-disclosure to third parties — Whether assurances interrogations would be recorded adequate substitute for presence of lawyer — Whether assurances against torture and ill-treatment adequate — Whether assurances could be relied upon — New Zealand Bill of Rights Act 1990, ss 6, 8, 9, 23, 24 and 25.

Judicial review — Ministerial decision — Whether surrender to People’s Republic of China should be ordered — Statutory power of decision — Exercise of discretion — Whether Minister’s power lawfully exercised — Whether assurances against torture and ill-treatment adequate — Whether assurances could be relied upon — Whether adequate reasons for decision — Whether decision reasonable — New Zealand Bill of Rights Act 1990, ss 6, 8, 9, 23, 24 and 25.