Minister of Justice v Kim

[2019] NZSC 142

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 142

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

Hearing:	4 December 2019
Court:	Glazebrook, O’Regan and Ellen France JJ
Counsel:	U R Jagose QC, A F Todd and G M Taylor for Appellants A J Ellis and B J R Keith for Respondent
Judgment:	10 December 2019

JUDGMENT OF THE COURT

AOrder made declaring that following the hearing on 4 December 2019 the Court has determined there is no impediment to Arnold J sitting on the panel to hear the substantive appeal.

BThe panel to hear the appeal will comprise Glazebrook, O’Regan, Ellen France, Arnold and French JJ.

____________________________________________________________________

[Reasons to follow]

1. The present application is being dealt with by a panel of three judges from the permanent Court.  Winkelmann CJ and Williams J were on the panel in the Court of Appeal[1] and William Young J is not sitting on the substantive appeal for an unrelated reason.

   [1]Kim v Minister of Justice of New Zealand [2019] NZCA 209.

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