GREER v THE PRISON MANAGER & ANOR [2014] NZHC 307

GREER v THE PRISON MANAGER & ANOR [2014] NZHC 307

The application for a writ of habeas corpus was declined because the writ is limited to securing release from unlawful custody and cannot be used to challenge internal prison disciplinary cell confinement.

Citation
[2014] NZHC 307
Parties
Applicant: Alan Greer; First Respondent: The Prison Manager; Second Respondent: The Visiting Justice
Court
High Court
Jurisdiction
New Zealand
Judgment Date
27 February 2014
Procedural Posture
Habeas Corpus Application / Judgment
Outcome
Application for writ of habeas corpus declined.
Legal Topics
Disciplinary Confinement, Scope of Habeas Corpus, Release From Custody
Criminal Law Administrative Law Prison Law Habeas Corpus Disciplinary Confinement Scope of Habeas Corpus Release From Custody

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Parties

Alan Greer

Applicant

The Prison Manager

First Respondent

The Visiting Justice

Second Respondent

Procedural Posture

Habeas Corpus Application / Judgment

Legal Issues

  1. 1 Whether habeas corpus may be used to challenge internal prison disciplinary cell confinement
  2. 2 Whether cell confinement constitutes an imprisonment within imprisonment and is unlawful
  3. 3 Whether the writ of habeas corpus is limited to securing release from unlawful custody

Ratio Decidendi

The application for a writ of habeas corpus was declined because the writ is limited to securing release from unlawful custody and cannot be used to challenge internal prison disciplinary cell confinement.

Court Disposition

Application for writ of habeas corpus declined.

Orders

  • Application for writ of habeas corpus declined.