Kim v Minister of Justice - [2017] 3 NZLR 823

International law — Extradition — Judicial review — Whether Minister acted reasonably in ordering surrender to China — Defendant charged with murder in China — Whether Minister’s reconsidered decision to surrender defendant a lawful exercise of discretionary power — Approach to judicial review — Reliance placed on assurances from China — Whether assurances promoting compliance with international treaties — Protection of fundamental rights — United Nations Committee against Torture’s draft general comments — Fair trial — Death penalty — Public interest — Effect of lengthy detainment in New Zealand — Consequences of extradition on family — United Nations Convention on the Rights of the Child, art 8.

Judicial review — Ministerial decision — Extradition — Need for heightened scrutiny of reasonableness requirement in human rights context — Whether Minister acted reasonably in ordering surrender to China — Whether Minister’s reconsidered decision to surrender defendant reasonable exercise of discretionary power — Reliance placed on assurances from China — Protection of fundamental rights — Public interest — Effect of lengthy detainment in New Zealand — Consequences of extradition on family — United Nations Convention on the Rights of the Child, art 8.

Human rights — New Zealand Bill of Rights Act 1990 — Whether Minister acted reasonably in ordering surrender to China — Right to a fair trial — Right not to be subjected to torture — Whether assurances from China able to be relied on — United Nations Convention against Torture, art 3.