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IN THE HIGH COURT OF NEW ZEALAND
AUCKLAND REGISTRY
CIV-2012-404-1928 [2012] NZHC 1494
UNDER the Judicature Amendment Act 1972
IN THE MATTER OF an application for judicial review and
application for order for interim relief pursuant to section 8
BETWEEN KIM DOTCOM
First Plaintiff
AND FINN BATATO
Second Plaintiff
AND MATHIAS ORTMANN
Third Plaintiff
AND BRAM VAN DER KOLK
Fourth Plaintiff
AND ATTORNEY-GENERAL
First Defendant
AND THE DISTRICT COURT AT NORTH
SHORE
Second Defendant
Hearing: 22 and 23 May, 6 June 2012
Counsel: P Davison QC (22 & 23 May only), W Akel and R Woods for First
Plaintiff
G J Foley for Second, Third & Fourth Plaintiffs
M Ruffin (22 and 23 May only), F Sinclair for First Defendant (joined in capacity as representative of New Zealand Police)
J Pike and A Toohey (6 June only) for First Defendant (joined in capacity as the Central Authority for the purposes of the Mutual Assistance in Criminal Matters Act 1992)
Judgment: 28 June 2012
JUDGMENT OF WINKELMANN J
This judgment was delivered by me on 28 June 2012 at 3.30 pm pursuant to Rule 11.5 of the High Court Rules.
Registrar/ Deputy Registrar
TABLE OF CONTENTS
Introduction [1]
A. Were the warrants invalid?
(i) Factual background [9]
Execution of warrants and items seized [20]
(ii) Judicial review of search warrants issued under the MACMA [27]
(iii) Is the offence adequately described in the warrants [36]
(iv) Was there adequate definition of the authority to search
and seize [51]
(v) Should conditions have been imposed? [78]
B. Did the Police seize items outside the scope of the search warrant? [87]
C. Was the provision by the Police of copies of digital files to the FBI
unlawful? [90]
(i) Does s 49 regulate physical custody of an item only? [93]
(ii) Did the plaintiffs consent to images of computer hard drives
being shipped to the FBI offshore? [98]
First phase [104]
Second phase [118]
Third phase [122]
Was there consent? [134]
(iii) Would the Solicitor-General have consented to the shipment? [141]
Summary of findings [144]
Relief [145]
Introduction
The government of the United States of America seeks extradition of the
plaintiffs in relation to charges stemming from their operation of the Megaupload business, a business which allows customers to upload bulk amounts of data to the internet, and share that data with others. The allegation is that the Megaupload platform has been used by customers in widespread breach of copyright. The United States has asked the Attorney-General of New Zealand for the New Zealand Police's assistance with the investigation of that suspected criminal offending. That request has been made under the Mutual Assistance in Criminal Matters Act 1992 (MACMA), an Act to facilitate the provision and obtaining of international assistance in criminal matters.In fulfilment of that request the Police have taken a number of steps including
arresting the plaintiffs, carrying out searches, seizing assets, and obtaining orders freezing assets. The plaintiffs…
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- AGLC
- Dotcom v Attorney-General [2012] NZHC 1494
- Case
- [2012] NZHC 1494
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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