A former Catholic brother has won his appeal to have his extradition order to Australia reheard in the Christchurch District Court.
Bernard Kevin McGrath has been fighting an application from police in New South Wales to extradite him since October last year.
He faces 252 charges of sexual abuse in Australia, including raping, molesting and abusing dozens of boys in New South Wales in the 1970s and 1980s.
The 66-year-old argued that the extradition order was illegal and that factors including his age and health should be taken into account.
In a High Court judgement released on Tuesday, Justice Whata said he was concerned by the analysis of law made by the ruling judge when the extradition order was made.
He referred the matter back for Judge Jane Farish to reconsider her decision.
A new date has not been set in the district court at this stage.
