A top lawyer has weighed in on the latest development in the Kim Dotcom saga as the controversial figure claims to have a “plan” to fight an extradition order.
Justice Minister Paul Goldsmith has signed Dotcom’s extradition order, meaning New Zealand will almost certainly deport him to the United States.
Barrister Clive Elliott KC says Dotcom, who is living in Queenstown, cannot formally appeal the decision, but can seek a review of the process.
Kim Dotcom is the only one of the original accused left facing extradition from New Zealand to the US. File photo / Greg Bowker
Former Auckland University law professor Bill Hodge says a typical review would take about six months, but he wondered if the courts would expedite the process.
German-born Dotcom moved to New Zealand in 2010. He has been facing potential extradition since 2012 when he was arrested as part of a global sting. The US Justice Department pressed charges against Dotcom, including criminal copyright infringement, money laundering, racketeering and wire fraud.
Overnight, Dotcom said on X that he “loved New Zealand” and was “not leaving”.
He also hinted at a “plan” to stay in the country.
Elliott told Newstalk ZB’s Mike Hosking Breakfast that Dotcom could not appeal the decision because it was not from the courts, but instead from the Government.
“I suspect that Kim Dotcom will seek a review of that decision … he can’t appeal it,” Elliott said.
“It will be a decision of whether it was properly executed.
“He’s been through 10 years of appeals ... I think the minister is entitled to say, ‘Well, he has had his day in court and we are obliged to hand him over’.”
Elliott said it was “valid” to question if someone should avoid their “day of reckoning” just because they have the money, power and lawyers to do so.
“But he is entitled to exercise all his appeal right, which he had done.”
Although significant, the signing of the extradition warrant is only another step in a process likely to take years longer.
Dotcom has always signalled he would be seeking a judicial review of the extradition warrant, and to appeal any adverse outcome.
If extradition goes ahead, it could still be years from now.
Kim Dotcom has been facing potential extradition since 2012, when he was arrested as part of a global sting.
Legal expert Hodge said Dotcom’s next step would be “penultimate”.
He said there was no telling how long it would take, but said a “typical” review would take six months.
Hodge wondered if the courts would expedite the process.
He said every appeal moved him up through the courts and now there was nowhere left for Dotcom to climb to.
Our legal team is working on judicial review to the High Court for @KimDotcom in NZ.
After 12+ years of injustice: -Illegal Gov raid on family home -Illegal spying (PM apologized) -Withholding of evidence -Destruction of evidence -US blocked legal funding -US judge recused…
Any judicial review of Goldsmith’s decision would look into whether it was “outrageously irrational and unreasonable”, Hodge said.
“Are there compelling or extraordinary circumstances, including age or health, that would make it unjust or oppressive to surrender Kim Dotcom to the Americans?”
Dotcom made his fortune from Megaupload, a file-sharing website often used to share pirated movies and music. He was pursued by US authorities that argued the company profited from the intellectual property of others that was uploaded to the site.
Goldsmith said he had “received extensive advice from the Ministry of Justice on this matter”.
“I considered all of the information carefully, and have decided that Mr Dotcom should be surrendered to the US to face trial.
“As is common practice, I have allowed Mr Dotcom a short period of time to consider and take advice on my decision. I will not, therefore, be commenting further at this stage.”
Dotcom appeared to reveal the fact of his own extradition in a long post to X, formerly Twitter, sent on August 13.
Amidst talk of World War III and the “fake ‘rules-based order’”, Dotcom said an “obedient US colony in the South Pacific [New Zealand] just decided to extradite me for what users uploaded to Megaupload”.
Co-defendants banned
In June this year, MBIE said former Megaupload executives Mathias Ortmann and Bram van der Kolk had been prohibited from managing or directing any companies for five years - a standard sanction for those convicted of dishonesty offences.
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.
Rachel Maher is an Auckland-based reporter who covers breaking news. She has worked for the Herald since 2022.
