Video | Agriculture | Confidence | Economy | Energy | Employment | Finance | Media | Property | RBNZ | Science | SOEs | Tax | Technology | Telecoms | Tourism | Transport | Search

 


Appeal Court cuts both ways on Dotcom warrants, cloned info

Appeal Court rules Dotcom search warrants valid, says cloned info shouldn’t have left NZ

By Paul McBeth

Feb. 19 (BusinessDesk) - The Court of Appeal has ruled in favour of government submissions that search warrants executed during the high-profile arrest of Mega founder Kim Dotcom in January 2012 were valid, though it agreed that the police shouldn’t have let cloned information leave the country.

Justices Ellen France, Tony Randerson and Douglas White granted the Crown’s appeal against an order declaring the warrants invalid, saying “the defects were defects in form not in substance,” according to a judgment released today.

“In our view a reasonable reader in the position of the recipients of the search warrants would have understood what they related to,” the judges said. “The defects in these warrants were therefore not so radical as to require them to be treated as nullities.”

The Attorney-General appealed a High Court ruling that declared the search warrants invalid by not being specific enough, by not stating the electronic nature of the copyright offence, or that the US was the nation where Dotcom was alleged to have broken the law and to where he was facing extradition.

The Appeal Court didn’t agree with the Crown that the Police Commissioner was allowed to hand over cloned copies of information harvested from devices seized in the raid to the US Federal Bureau of Investigations without direction from the Solicitor-General.

“In our view, the words of the Solicitor-General’s direction in the present case plainly did not authorise removal of the clones to the United States,” the judges said.

“Once it is accepted that s49 (of the Mutual Assistance in Criminal Matters Act 1992) is not limited to custody of the original thing seized, but encompasses removal of the clones, the wording of the direction applied to require the Commissioner to retain ‘custody and control’ of the clones here in New Zealand ‘until further direction’ from the Solicitor-General,” they said.

In that respect, the judges upheld a High Court declaration that the removal of the clones from New Zealand wasn’t authorised and was unlawful.

The judges considered Dotcom and his co-accused should pay 60 percent of the costs of the Attorney-General.

The Nov. 28 hearing is part of a series of legal challenges to head off the US Federal Government’s bid to extradite Dotcom and his co-accused Finn Batato, Mathias Ortmann and Bram van der Kolk to face charges of conspiracy to operate websites used to illegally distribute copyrighted content.

(BusinessDesk)


© Scoop Media

 
 
 
 
 
Business Headlines | Sci-Tech Headlines

 

Errors Found: Electricity Authority Dumps Transmission Pricing Modelling

The Electricity Authority is ditching the cost-benefit analysis at the heart of its controversial attempt to find a new way to divide up costs for the national grid after finding an expanding range of serious computational errors in the work by Australian consultancy Oakley Greenwood. More>>

ALSO:

New Record: Migrant Arrivals At 129,500 A Year

Annual net migration has been steadily increasing since 2012. "This was mainly due to the rising number of migrant arrivals to New Zealand," population statistics senior manager Peter Dolan said. "Fewer migrant departures also contributed to the increase in net migration." More>>

ALSO:

Launched: NASA's Super Pressure Balloon Takes Flight From NZ

NASA successfully launched its football-stadium-sized, heavy-lift super pressure balloon (SPB) from Wanaka, New Zealand, at10:50 a.m. Tuesday, April 25 (6:50 p.m. April 24 in U.S. Eastern Time), on a mission designed to run 100 or more days floating at 110,000 feet (33.5 km) about the globe in the southern hemisphere's mid-latitude band. More>>

ALSO:

Trade Agreements: TPP Minus US Starting To Gain Ground

The Japanese government is picking up the pace on reviving the Trans-Pacific Partnership trade and investment deal, with talks scheduled next month among the 11 countries left in the pact after the withdrawal by the US after the election of president Donald Trump. More>>

ALSO:

PACER:

Prices Up 2.2%: Annual Inflation Highest In Over Five Years

"Rising petrol prices along with the annual rise in cigarette and tobacco tax lifted inflation," prices senior manager Jason Attewell said. "Petrol prices in New Zealand are closely linked to global oil prices, and cigarettes and tobacco taxes rise in the March quarter each year". More>>

ALSO:

Undertaxed? NZ Income Tax Rate Second Lowest Among Developed Nations

New Zealand workers pay the second smallest portion of their income to the government among developed nations and less than half the average ratio of their Organisation for Economic Cooperation and Development peers. More>>

ALSO:

Get More From Scoop

 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news