Extradition request by Australia — eligibility to surrender — referral to Minister — Mailley v District Court at North Shore [2013] NZCA 266 — Police v Thomas (1989) CRNZ 454 — Wolf v Federal Republic of Germany [2001] NZAR 536 — Extradition Act 1999, ss 45, 48(4)(a)(ii). The Commonwealth of Australia made a request to extradite the respondent. She was subject to an arrest warrant from the state of Victoria on a charge of blackmail, an extraditable offence. The court quickly concluded that all criteria for extradition contained in the Extradition Act were satisfied. The New Zealand court had endorsed the Australian arrest warrant, and the respondent was eligible for surrender under s 45. Therefore the issue for the court was whether to refer the case to the Minister, under s 48 of the Extradition Act. The respondent argued that under s 48(4)(ii) there were "compelling or extraordinary circumstances" that would make extradition "unjust or oppressive". The relevant circumstances were that the respondent had two young children, lacked family support or the ability to get an unemployment benefit in Australia, and would inevitably be remanded in custody while awaiting trial because she would be unable to afford accommodation. However none of these arguments were supported by evidence, and the court did not allow the respondent to give oral evidence because counsel for the applicant had had no time to prepare a cross-examination. The court found that being remanded in custody while awaiting trial was an ordinary consequence of the offending that the respondent was accused of. The court also expressed doubt that she would be as isolated and disadvantaged in Australia as she claimed she would. Finally, obligations as a parent are no excuse for offenders to avoid or delay standing trial. The circumstances that the respondent relied on were neither "compelling or extraordinary" and would not make it "unjust or oppressive" for her to be surrendered for extradition. The court declined to refer the matter to the Minister. Judgment Date: 27 February 2018.