Nakane v New Zealand

FEDERAL COURT OF AUSTRALIA

Nakane v New Zealand [2014] FCA 772

Citation:

Nakane v New Zealand [2014] FCA 772

Parties:

ROBERT NAKANE v NEW ZEALAND

File number:

NSD 332 of 2014

Judge:

NICHOLAS J

Date of judgment:

25 July 2014

Catchwords:

EXTRADITION – whether order should be made confirming order for surrender of applicant to New Zealand – whether Court satisfied of matters referred to in s 34(2) of Extradition Act 1988 (Cth)

Held: Order confirming order for surrender made

Legislation:

Acts Interpretation Act 1901 (Cth) s 25C
Crimes Act 1961 (NZ) ss 128(1)(a), 132(3), 202C(A), 196(1)(a)
Extradition Act 1988 (Cth) ss 3, 28, 29, 34, 35
Evidence Act 1995 (Cth) s 63

Cases cited:

Dietrich v Queen (1992) 177 CLR 292
New Zealand v Johnston (2011) 274 ALR 509
New Zealand v Moloney (2006) 154 FCR 250
Rivera v United States of America [2004] FCAFC 154

Date of hearing:

18 July 2014

Place:

Sydney

Division:

GENERAL DIVISION

Category:

Catchwords

Number of paragraphs:

36

Counsel for the Applicant:

The applicant appeared in person

Counsel for the Respondent:

Ms S Callan

Solicitor for the Respondent:

Commonwealth Director of Public Prosecutions

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 332 of 2014

BETWEEN:	ROBERT NAKANE Applicant
AND:	NEW ZEALAND Respondent

JUDGE:	NICHOLAS J
DATE OF ORDER:	25 JULY 2014
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The order made by Magistrate Andrews on 7 March 2014 that Robert Nakane (also known as Robert Boyd) be surrendered to New Zealand is confirmed. 

2.The proceeding is otherwise dismissed.

3.The applicant is to pay the respondent’s 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 332 of 2014

BETWEEN:	ROBERT NAKANE Applicant
AND:	NEW ZEALAND Respondent

JUDGE:	NICHOLAS J
DATE:	25 JULY 2014
PLACE:	SYDNEY

REASONS FOR JUDGMENT

INTRODUCTION

1. Mr Robert Nakane, also known as Mr Robert Boyd, 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 has applied to this Court for a review of these orders pursuant to s 35 of the Act.

   THE RELEVANT STATUTORY PROVISIONS

2. The principal objects of the Act are set out in s 3 and are as follows:

   (a)to codify the law relating to the extradition of persons from Australia to extradition countries and New Zealand and, in particular, to provide for proceedings by which courts may determine whether a person is to be, or is eligible to be, extradited, without determining the guilt or innocence of the person of an offence;

   (b)to facilitate the making of requests for extradition by Australia to other countries; and

   (c)to enable Australia to carry out its obligations…