Coates-Kelly v New Zealand

Ms Coates-Kelly, the appellant, sought leave to withdraw certain admissions made before the primary judge and a magistrate in an extradition matter, which was subsequently appealed. The court had to decide whether to grant leave to withdraw the admissions and if the surrender of the appellant to New Zealand was justified. The appellant argued that the admissions were incorrect and the circumstances justified the withdrawal. The court also had to determine if the warrant was a "New Zealand warrant" and whether the surrender would be unjust or oppressive.

The court rejected the application to withdraw the admissions, finding that it was made after the s 35 review and the filing of the appeal. The legal effect of the indorsed warrant was spent, and there was nothing to quash. Furthermore, any declaration in this proceeding would not affect the parties' rights. The court concluded that the appropriate time to bring such an application was prior to, or in conjunction with, an application for review under s 35 of the Extradition Act. The application in the original jurisdiction was an endeavour to subvert the evidentiary restrictions faced in the exercise of the appellate jurisdiction.

The court dismissed the appeal, concluding that the primary judge did not err in finding that the surrender would not be unjust or oppressive. The court also dismissed the s 39B application, finding that there were fundamental difficulties with the application. The court held that the appropriate time to bring such an application was prior to, or in conjunction with, an application for review under s 35 of the Extradition Act.

The court ordered that the s 39B application be dismissed and that the applicant pay the costs of the first respondent to be agreed or assessed.