NZ Herald
  • Home
  • Latest news
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather forecasts

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
    • The Great NZ Road Trip
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
    • Cooking the Books
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • What the Actual
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

Court of Appeal upholds Kim Dotcom extradition decision to the US

Sam Hurley
By Sam Hurley
NZ Herald Print Editor·NZ Herald·
4 Jul, 2018 10:43 PM5 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

The Court of Appeal has ruled the internet tycoon is eligible for extradition to the US.

Kim Dotcom's legal team will take his fight against extradition to the Supreme Court.

The Court of Appeal has today upheld the decision that the internet mogul can be extradited to the United States to face criminal copyright charges.

Mathias Ortmann, Bram van der Kolk, and Finn Batato can also be extradited, the court ruled.

Dotcom said he was "extremely disappointed".

"The court has decided not to record, or engage with, our primary and strong submissions on why there was no criminal copyright infringement. At the hearing it did," he said through his New Zealand-based lawyer Ron Mansfield.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

"If the Court of Appeal did accept we were right, as the High Court did, then the court would need to find that the United States' case to extradite me fails. Our submissions on why that must follow are very strong and rely on international authority."

Dotcom said the potential precedent set is "concerning and has ramifications in New Zealand outside my case".

"The decision exposes internet service providers to criminal liability for the misuse of their services by users, as is claimed against me.

Advertisement
Advertise with NZME.

"This is something that, as any rudimentary review of the legislative history makes clear, and the High Court accepted, was never intended. The court was taken through that history but has not referred to it."

The Queenstown-based millionaire said he was "prepared to fight to get justice, whether it is for me or others".

"I will appeal to the Supreme Court. Just yesterday, the United States accepted that right exists," he said.

"My legal team are confident that the Supreme Court will hear the appeal given there are
such significant legal issues at stake.

Discover more

New Zealand|politics

Love, life and court for Kim Dotcom

27 Jan 04:00 PM
New Zealand

Kim Dotcom extradition case in Court of Appeal starts

11 Feb 11:09 PM
New Zealand|politics

Exclusive: It's a 'slam dunk' to deport Kim Dotcom

20 Feb 11:24 PM
New Zealand|politics

Dotcom's bid to subpoena Obama fails

21 Mar 04:37 AM

"Many important cases in New Zealand are not won in the Court of Appeal, or in the Courts below, but are won when they reach the Supreme Court. My case will be one of those."

Dotcom's US lawyer Ira Rothken also said he was disappointed with the Court of Appeal decision.

"We have now been to three courts each with a different legal analysis, one of which thought that there was no copyright infringement at all.

"We will seek review with the NZ Supreme Court."

A US grand jury indicted the group on February 6, 2012, over the now-defunct file-sharing website Megaupload, which allegedly shared pirated films and other media. It has been called the "Mega conspiracy" after several companies allegedly facilitated, encouraged and profited from significant mass infringement of copyright.

The US has sought the men's extradition ever since.

Advertisement
Advertise with NZME.

We are disappointed with today’s Judgment by the NZ Court of Appeal in the @KimDotcom case. We have now been to three courts each with a different legal analysis - one of which thought that there was no copyright infringement at all. We will seek review with the NZ Supreme Court.

— Ira Rothken (@rothken) July 4, 2018

The group lost their case in the North Shore District Court in 2015 and have now lost appeals to the High Court and the Court of Appeal.

The group can seek leave to appeal the Court of Appeal's judgment to the Supreme Court.

If that fails the final decision as to whether the Dotcom and the other men will be extradited rests with Justice Minister Andrew Little.

Little said he will not predetermine his decision before any potential Supreme Court ruling.

The appeal court Justices Stephen Kos, Christine French and Forrie Miller found the extradition pathways the US relied on were available to the US, and it had "tendered sufficient evidence to support their case on those pathways".

During the Court of Appeal hearing in February, lawyers for Dotcom and his associates argued the judicial process was flawed and the charges were not valid under extradition law.

Advertisement
Advertise with NZME.

One example, the court heard, was the failure to disclose the illegal spying by the Government Communications Security Bureau when applying for an arrest warrant.

In an FBI-ordered raid in 2012, police used the anti-terrorist Special Tactics Group in a helicopter assault on Dotcom's former Coatesville mansion.

The raid resulted in the 13 charges Dotcom and the group face, which include racketeering conspiracy, conspiring to commit copyright infringement and money laundering, and criminal copyright infringement.

This year, Dotcom also tried and failed to have former US President Barack Obama served with a subpoena and forced to give evidence in a New Zealand court over a damages claim for the streaming website.

Obama was in the country for three days at the time.

Dotcom argued that Obama could give evidence directly material to his proceeding, the purpose of the US' prosecution against him and its dealings with New Zealand authorities.

Advertisement
Advertise with NZME.

Last year, police are believed to have paid Dotcom a six-figure sum in a private settlement over alleged unreasonable force.

In a tweet sent during the past day, Dotcom said his "global legal team", comprised of 20 lawyers from New Zealand, United States, Canada, Hong Kong and Germany, has worked on his case.

He also tweeted yesterday that he had spent 165 days in court - and $40 million in legal fees.

My global legal team has done an excellent job. 20 lawyers from New Zealand, United States, Canada, Hong Kong and Germany.

No matter what happens tomorrow thank you all very much. I’m lucky to have such a caring, competent and hard-working team on my side.

— Kim Dotcom (@KimDotcom) July 4, 2018

2375 days since the raid
2345 days on bail
670 times bail reporting
165 total days in Court
40 million in legal fees

Was all of the above done to me and my family against the law?

We’ll find out in 12 hours.

— Kim Dotcom (@KimDotcom) July 4, 2018
Save

    Share this article

Latest from New Zealand

New Zealand

Tauranga Mayor finally buys home in city - why he isn't moving in yet

15 May 05:00 PM
Premium
Editorial

Editorial: Political noise drowns out economic reality

15 May 05:00 PM
New Zealand

On the Up: Meet teen fire brigade and road safety hero Mila

15 May 05:00 PM

The Hire A Hubby hero turning handyman stereotypes on their head

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

Tauranga Mayor finally buys home in city - why he isn't moving in yet

Tauranga Mayor finally buys home in city - why he isn't moving in yet

15 May 05:00 PM

Mahé Drysdale's new home in Pāpāmoa is rented out for now.

Premium
Editorial: Political noise drowns out economic reality

Editorial: Political noise drowns out economic reality

15 May 05:00 PM
On the Up: Meet teen fire brigade and road safety hero Mila

On the Up: Meet teen fire brigade and road safety hero Mila

15 May 05:00 PM
UK bank accuses Westpac of ‘critical errors’ after customer sent $158k to wrong account

UK bank accuses Westpac of ‘critical errors’ after customer sent $158k to wrong account

15 May 05:00 PM
Gold demand soars amid global turmoil
sponsored

Gold demand soars amid global turmoil

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • What the Actual
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven CarGuide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP