The High Court has ordered Justice Minister Amy Adams to reconsider sending an accused murderer to face trial in China because it cannot be certain he will get a fair trial.
Kyung Yup Kim is accused of murdering a woman in Shanghai in 2009, and has been held in Mt Eden jail since 2011.
Mr Kim is a Korean citizen who moved to New Zealand when he was 14.
His removal to China was approved by Justice Minister Amy Adams after getting assurances from Chinese authorities that he would be properly treated.
But Justice Mallon has ruled those assurances were inadequate.
She said Mr Kim might not have access to a lawyer during pre trial interrogation, and New Zealand cannot be sure he will not be mistreated.
Justice Mallon will decide later whether to quash the removal order or merely stay it.