Journal Home Browse Issues Submissions About the Journal Symposium Subscribe Go back to Issues LETTER FROM NEW ZEALAND: MEGAUPLOAD IN NEW ZEALAND'S HIGHEST COURT Citation: 68 J. COPYRIGHT SOC’Y, 29, (2020) Graeme W. Austin Victoria University of Wellington Abstract Read Full Article With the long-awaited November 2020 decision of the Supreme Court of New Zealand in Ortmann et al. v. United States of America1 an important milestone was reached in the saga involving the allegations of criminal copyright infringement against the individuals involved with the Megaupload group of companies. Four of the individuals — the appellants in the case — have been resident in New Zealand for a number of years. Holding in favor of the United States, this country’s highest judicial body held that the criminal provisions in the New Zealand Copyright Act 1994 provide a legal basis for extradition to the United States. While the New Zealand chapter is not quite completed (a number of administrative law matters require further determination), the copyright law aspects of the case are now closed, and fully resolved against the appellants. It should be noted, however, that the case was concerned only with whether the appellants were extraditable. The final decision — to extradite — is vested in the Minister of Justice, an exercise of discretion that could, in theory, itself be subject to judicial review. cpy_68-1 Letter from New ZealandDownload