Minister of Justice of New Zealand and Attorney General of New Zealand v Kyung Yup Kim - SC 57/2019

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Summary

Civil Appeal – Whether the Court of Appeal erred in quashing and remitting the Minister of Justice’s decision to surrender the respondent for extradition to the People’s Republic of China – Whether the Court of Appeal erred in deciding there is a preliminary question of whether diplomatic assurances as to criminal justice rights should be accepted given the general human rights situation in a receiving state – Whether the Court of Appeal erred in setting the legal test to determine whether the respondent’ s fair trial rights would be upheld.

Result

A The application for leave to appeal against the Court of Appeal’s decision is granted (Kim v Minister of Justice of New Zealand [2019] NZCA 209). The respondent’s application for leave to cross-appeal is also granted.
B The approved question is whether the Court of Appeal was correct to quash and remit the Minister of Justice’ s decision to surrender the respondent under s 30 of the Extradition Act 1999.
20 September 2019
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A The appeal is adjourned until 30 July 2021.
B A report is to be filed by the parties on or before 30 July 2021 outlining the matters set out at [443], [455]–[457] and [463].
C The cross-appeal is dismissed.
4 June 2021
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A The application for leave to adduce the expert reports annexed to the parties’ joint report dated 3 December 2021 is granted.
B The appeal is allowed. The decision of the Court of Appeal is set aside.
C The Minister of Justice’s decision of 19 September 2016 to surrender the respondent under s 30 of the Extradition Act 1999 is reinstated.
D Costs are reserved.
13 April 2022

Minister of Justice of New Zealand and Attorney General of New Zealand v Kyung Yup Kim - SC 57/2019

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