Kelly v New Zealand [2021] FCA 1434

Federal Court of Australia

Kelly v New Zealand [2021] FCA 1434 File number(s): VID 524 of 2021

Judgment of: ANDERSON J

Date of judgment: 19 November 2021

Catchwords: EXTRADITION – surrender to New Zealand – Extradition Act 1988 (Cth) s 34(2); s 35 – where the applicant seeks review of an extradition decision in the Magistrates' Court ordering the applicant be surrendered to New Zealand under s 34(1)(c) of the Extradition Act 1988 – where the applicant was convicted in absentia of 46 offences under the Tax Administration Act 1994 (NZ) on 14 September 2015 – where the applicant claims that a lengthy period of time has elapsed since the alleged offences were committed and that her surrender would be unjust and oppressive due to being convicted in absentia – where the applicant seeks a declaration that the warrant for her arrest was not a valid New Zealand warrant for the purposes of the Act ('the warrant issue') – application dismissed

Legislation: Extradition Act 1988 (Cth) Tax Administration Act 1994 (NZ) New Zealand Criminal Procedure Act 2011

Cases cited: Bannister v New Zealand (1999) 86 FCR 417 Builders Licensing Board v Sperway Constructions (Sydney) Pty Ltd (1976) 135 CLR 616 Direct of Public Prosecutions (Cth) v Kainhofer (1995) 185 CLR 528 Heslehurst v Government of New Zealand [2000] FCA 1311 Heslehurst v Government of New Zealand [2001] FCA 202; 109 FCR 226 Kenneally v New Zealand (1999) 91 FCR 292 Minister for Justice v Adamas (2013) 253 CLR 43 New Zealand v Moloney (2006) 154 FCR 250 New Zealand v Templeton [2017] FCA 745 Newman v New Zealand (2012) 206 FCR 1 Newman v New Zealand (No. 2) (2012) 206 FCR 17