Ortmann, van der Kolk and Dotcom have shared many courtrooms from 2014 but haven't shared a single word since. Video / Mike Scott
Kim Dotcom’s surrender order has been released to the Herald under the Official Information Act, showing “every constable” in NZ was authorised to take him into custody
Justice Minister Paul Goldsmith also authorised police staff to detain Dotcom if “necessary or convenient” until he could be handed over to American officials
Dotcom has launched judicial review proceedings, meaning police won’t be “implementing surrender at this point”
Justice Minister Paul Goldsmith authorised “every constable” in New Zealand to take Kim Dotcom into custody and detain him until he could be handed over to American officials, as part of ongoing efforts to deport him.
However, police have confirmed they won’t be “implementing surrender at this point” because Dotcomhas since started judicial review proceedings.
“I considered all of the information carefully and have decided that Mr Dotcom should be surrendered to the US to face trial.”
That order, dated August 12 and addressed to “every constable”, has now been released to the Herald under the Official Information Act.
In it, Goldsmith makes it clear he wants any police officer who spots Dotcom to take him into custody. He also details the next possible steps to send him to the US.
“I authorise any constable to take Kim Dotcom, who is currently on bail, into custody.
“I authorise the constable or other officer to transport Kim Dotcom in custody and, if necessary or convenient, to detain Kim Dotcom in custody, for the purpose of enabling Kim Dotcom to be placed in the custody of any person authorised to receive person on behalf of the United States of America whom I authorise to take Kim Dotcom into custody and transport out of New Zealand as soon as practicable to the United States of America,” Goldsmith wrote.
It outlines the extensive timeline of legal challenges surrounding Dotcom, going back to January 2012 when a provisional arrest warrant was issued and executed.
Kim Dotcom has launched proceedings for a judicial review in the High Court.
The Ministry of Justice confirmed in its response to the Herald that the minister was required to issue the document after the decision to surrender an individual, laying out the offences and authorising him to be handed over to US authorities.
“Mr Dotcom has been given time to consider the surrender decision and has commenced judicial review proceedings. Therefore, the police will not be taking steps to implement surrender at this point,” the ministry said.
On the day the extradition order was made public, Dotcom posted to X that he loved New Zealand and was “not leaving”, ending the remark with a kissing-face emoji.
The order outlines numerous alleged offences including conspiracy to commit racketeering, conspiracy to commit copyright infringement and fraud by wire.
It orders that Dotcom be “surrendered” to the US to be “dealt with there according to law”.
The German-born Megaupload founder, who describes himself on his social media page as an “entrepreneur, innovator, gamer, artist, internet freedom fighter and father of six”, was arrested alongside several colleagues in 2012.
He moved to New Zealand two years before his arrest.
Born Kim Schmitz, he adopted his technology-inspired surname in 2005, the year his controversial file-sharing site was launched. He rose to fame and riches from the website, which was allegedly responsible for the illegal sharing of music and video content subject to copyright.
Dotcom is continuing to fight extradition and has lodged proceedings for a judicial review in the High Court.
In a plea deal, the United States dropped its bid to extradite the pair, who would instead plead guilty in a New Zealand court to being part of a criminal group and causing loss by deception for their involvement in the illegal reproduction and distribution of copyrighted works.
In June 2023, Ortmann was sentenced to two years and seven months in prison and van der Kolk to two years and six months.
The fourth accused, Finn Batato, had US charges against him dropped in 2021 after he developed terminal cancer. He died in June 2022.
Azaria Howell is a Wellington-based multimedia reporter with an eye across the region. She joined NZME in 2022 and has a keen interest in city council decisions, public service agency reform and transport.
