Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search


High Court decision: Kim Dotcom v The District Court

High Court decision Kim Dotcom v The District Court at North Shore


[1] The United States of America (“USA”) applies to strike out seven causes of action in the statement of claim filed by Mr Dotcom in this proceeding. The USA asserts they are an abuse of process being both collateral attacks on previous decisions of the Courts and an attempt to pre-empt Mr Dotcom’s appeal from a decision of Gilbert J in this Court (“the High Court decision”).


[2] On 5 January 2012, the United States District Court for the Eastern District of Virginia issued an arrest warrant for Mr Dotcom on charges contained in an indictment issued the same day (“the original indictment”):

(a) Count 1: Conspiracy to commit racketeering;
(b) Count 2: Conspiracy to commit copyright infringement;
(c) Count 3: Conspiracy to commit money laundering;
(d) Count 4: Criminal copyright infringement by distributing a work on a computer network, and aiding and abetting criminal copyright infringement; and
(e) Count 5: Criminal copyright infringement by electronic means, and aiding and abetting criminal copyright infringement.

[3] Mr Dotcom was resident in New Zealand at the time. On 20 January 2012, Mr Dotcom was at his home in the Mahoenui Valley when the Police arrived with search warrants and an arrest warrant. They searched Mr Dotcom’s home and seized, among other items, electronic devices such as computer hard drives and
memory sticks. They arrested Mr Dotcom.

[4] The search warrants and the arrest warrant were issued by the District Court following a legal process that began on 11 January 2012 with a formal request by the USA to the New Zealand Government for assistance for the purpose of extraditing Mr Dotcom to the USA to face criminal charges.2 On 16 February 2012, the United States District Court for the Eastern District of Virginia issued a superseding arrest warrant based on a superseding indictment which amended the five counts in the original indictment by adding a further eight counts.

[5] Ever since, Mr Dotcom has been opposing his extradition. A key issue for Mr Dotcom has been the validity of the search warrants…


[8] On 21 July 2017, Mr Dotcom opened a new front in his campaign to forestall his extradition by attacking the underpinnings of the extradition process. He commenced this proceeding and filed a statement of claim for judicial review. It contains eight causes of action…



[92] I have granted the USA’s application to strike out causes of action 1 to 7 of the statement of claim for judicial review dated 21 July 2017. The proceeding is now “live” only in relation to the eighth cause of action. I direct that the proceeding be listed for mention in relation to the eighth cause of action in the duty list at 10:00 am on 7 February 2018.

full decision

© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

Now-Former Cyclone: Gita Arrival Begins

2.41am Heavy rain is already occurring from Taranaki southwards to the Sounds, and is expected to spread over Buller, Nelson and the remainder of Marlborough over the next few hours.

Strong winds are expected to develop early this afternoon into this evening for the entire country, with the potential for damaging wind gusts from Taranaki and Taihape south to Westland and Banks Peninsula, including Wellington. More>>


Kauri Protection: Waitākere Forest Closure Proposed

At the 20 February meeting of the Environment and Community Committee, the council proposed to close the forested areas of the Waitākere Ranges Regional Park, with some exceptions, by 1 May 2018. More>>


'Hit And Run' Raid: NZDF Had Reports Of Civilian Casualties

The NZDF received intelligence updates within one or two days of the August 2010 SAS raid in Afghanistan that reported civilian casualties, including the death of a child, new OIA documents reveal... it appears they did not bother to investigate nor made any effort to help the victims. More>>


Christchurch Public Meeting: Complete U-Turn By Labour And NZ First On TPP

The TPP might have been re-branded as the CPTPP but it's still the same bad deal says Professor Jane Kelsey, New Zealand's expert on international economic regulation. More>>


Commerce, Etc: Thicker Bright Line For Real Estate

Revenue Minister Stuart Nash has confirmed the bright-line test on residential property sales will be extended from two years to five years in legislation currently making its way through Parliament.More>>


Prison Inspections: Reports on Manawatu and Paremoremo Released

The Office of the Inspectorate today released reports into Manawatu Prison and Auckland Prison (Paremoremo), the first two resulting from a programme of inspections of New Zealand prisons. More>>

Whistle Blowers: Government To Review Law On Protection

Work has begun on a review of the Protected Disclosures Act 2000, Minister of State Services Chris Hipkins said today. More>>





Featured InfoPages