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Minister of Justice v Kim (No 2) - [2022] 1 NZLR 38

$30.00

Supreme Court of New Zealand Wellington
SC 57/2019
4 February; 13 April 2022
Glazebrook , O’Regan , Ellen France , Arnold and French JJ
Criminal practice and procedure — Extradition — Significance of general human rights situation in requesting state — Whether substantial grounds for considering person at risk of torture — Test for fair trial — Adequacy of assurances to prevent torture and ensure fair trial — Whether discretion to extradite if trial would not be fair — Whether further assurances required — How appeal to be disposed of — Extradition Act 1999 s 30.
Practice and procedure — Appeal to Supreme Court — Appeal from judicial review — Disposition of appeal — Further inquiries and assurances required — Whether appeal to be adjourned for further report rather than dismissed.

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