Minister of Justice and Attorney General v Kyung Yup Kim

[2019] NZSC 100

NOTE: HIGH COURT ORDER PROHIBITING PUBLICATION OF THE IDENTITY OF THE COUNTRIES THAT HAVE PROVIDED DETAILS ABOUT THEIR DEALINGS WITH THE PEOPLE’S REPUBLIC OF CHINA IN NEWS MEDIA OR ON THE INTERNET OR OTHER PUBLICLY AVAILABLE DATABASE REMAINS IN FORCE.

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

 SC 57/2019
 [2019] NZSC 100

BETWEEN	MINISTER OF JUSTICE First Applicant
ATTORNEY-GENERAL Second Applicant
AND	KYUNG YUP KIM Respondent

Court:	Glazebrook, O’Regan and Ellen France JJ
Counsel:	U R Jagose QC and A F Todd for Applicants A J Ellis, B J R Keith and G K Edgeler for Respondent
Judgment:	20 September 2019

JUDGMENT OF THE COURT

AThe application for leave to appeal against the Court of Appeal’s decision is granted (Kim v Minister of Justiceof New Zealand [2019] NZCA 209). The respondent’s application for leave to cross-appeal is also granted.

BThe approved question is whether the Court of Appeal was correct to quash and remit the Minister of Justice’s decision to surrender the respondent under s 30 of the Extradition Act 1999.

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Solicitors:
Crown Law Office, Wellington for Applicants
Marshall, Bird, Curtis, Auckland for Respondent