Mailley v Police - [2011] 3 NZLR 223

Criminal practice — Extradition — Determination by District Court of eligibility for surrender from New Zealand to Australia — “Backed” warrant regime — Whether application for determination could be brought by New Zealand Police — Whether requesting state had to be applicant or party to extradition proceedings — Role of New Zealand Police and Crown Solicitors in extradition proceedings — Whether procedural errors by District Court deprived it of jurisdiction to determine eligibility for surrender — Extradition Act 1999, ss 6, 41 and 45.