Curtis v Commonwealth of Australia

[2018] NZCA 22

IN THE COURT OF APPEAL OF NEW ZEALAND

CA234/2017
[2018] NZCA 22

BETWEEN	JASON LEONARD CURTIS Applicant
AND	COMMONWEALTH OF AUSTRALIA Respondent

Hearing:	19 February 2018
Court:	Winkelmann, Asher and Clifford JJ
Counsel:	D P Hoskin and C Liang for Applicant K E Hogan for Respondent
Judgment:	26 February 2018 at 3 pm

JUDGMENT OF THE COURT

The application for leave to appeal is granted.

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REASONS OF THE COURT

(Given by Winkelmann J)

1. Leave to appeal is granted, under ss 68 and 69 of the Extradition Act 1999, in respect of the following questions of law:[1]

   [1]Curtis v Commonwealth of Australia [2017] NZHC 624.

   Did Lang J err in his interpretation and application of s 8(1)(c) of the Extradition Act 1999:

   (a)In weighing as relevant to the issue of whether ordering the surrender of Mr Curtis would be unjust or oppressive, asserted complicity on the part of Mr Curtis in delay in the extradition proceedings in light of the absence (or otherwise) of connection between Mr Curtis’ conduct and that delay, Mr Curtis’ age when he left Australia and other circumstances relevant to that delay; and

   (b)In failing to address the totality of the matters raised for Mr Curtis as establishing that it would be unjust or oppressive to surrender him to the Australian authorities, and in particular the totality of the circumstances of his departure from Australia, continued residence in New Zealand, the delay in the extradition proceedings (including the cause of that delay), the effect of that delay on Mr Curtis’ opportunity for an alternative resolution of his alleged offending, Mr Curtis’ age when relevant events took place and his present personal circumstances.

Solicitors:
Steindle Williams, Auckland for Applicant
Crown Solicitor, Manukau for Respondent