Nakane v New Zealand

FEDERAL COURT OF AUSTRALIA

Nakane v New Zealand [2014] FCAFC 153

Citation:	Nakane v New Zealand [2014] FCAFC 153
Appeal from:	Nakane v New Zealand [2014] FCA 772
Parties:	ROBERT NAKANE v NEW ZEALAND
File number:	NSD 830 of 2014
Judges:	ROBERTSON, MORTIMER AND WIGNEY JJ
Date of judgment:	13 November 2014
Catchwords:	EXTRADITION – New Zealand – appeal from order of primary judge reviewing and confirming magistrate’s order that appellant be surrendered to New Zealand
Legislation:	Extradition Act 1988 (Cth) ss 34, 35
Cases cited:	New Zealand v Johnston (2011) 274 ALR 509
Date of hearing:	13 November 2014
Place:	Sydney
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	14
Counsel for the Appellant on the interlocutory application:	Mr B O’Donnell
Counsel for the Appellant on the appeal:	The Appellant appeared in person
Counsel for the Respondent:	Ms S Callan with Ms R Rodger
Solicitor for the Respondent:	Commonwealth Director of Public Prosecutions

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 830 of 2014

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	ROBERT NAKANE Appellant
AND:	NEW ZEALAND Respondent

JUDGES:	ROBERTSON, MORTIMER AND WIGNEY JJ
DATE OF ORDER:	13 NOVEMBER 2014
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal is dismissed, with costs.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 830 of 2014

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	ROBERT NAKANE Appellant
AND:	NEW ZEALAND Respondent

JUDGES:	ROBERTSON, MORTIMER AND WIGNEY JJ
DATE:	13 NOVEMBER 2014
PLACE:	SYDNEY

REASONS FOR JUDGMENT

THE COURT

1. This appeal is from the judgment of Nicholas J given on 25 July 2014: Nakane v New Zealand [2014] FCA 772.

2. As Nicholas J stated at [1] of that judgment, the appellant was the subject of orders made by a Magistrate of the State of New South Wales on 7 March 2014 under s 34(1) of the Extradition Act 1988 (Cth) (the Act) requiring that he be surrendered to New Zealand and a further order that, pending surrender, he be committed to prison. Mr Nakane applied to this Court for a review of these orders pursuant to s 35 of the Act.

3. The general findings made by Nicholas J were, at [16]–[17], that Mr Nakane, who was then known as Robert Boyd, was charged in New Zealand on 6 August 2011 with a number of offences under the Crimes Act 1961 (NZ). These offences included one count of sexual violation by rape contrary to s 128(1)(a) and four counts of sexual conduct with a girl under 12 contrary to s 132(3). He was also charged on two other counts of assault, one under s 202C(A), and another under s 196. The offences with which Mr Nakane had been charged were alleged to have been committed by him at Rotomanu between January and August 2011. Mr Nakane was due to stand…