GREER V THE PAROLE BOARD AT AUCKLAND PRISON AND ORS SC SC 9/2007
Leave to appeal was refused because the proposed appeal did not meet the s13 criteria and was plainly devoid of merit given that the applicant's detention was pursuant to a valid warrant of commitment; alleged prior involvement of the Justices did not establish a basis for recusal.
Source-derived case information.
- Citation
- SC 9/2007
- Parties
- Applicant: Alan Ivo Greer; Respondent: The Parole Board at Auckland Prison and Ors
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 7 March 2007
- Procedural Posture
- Application for Leave to Appeal to the Supreme Court Against Refusal to Issue a Writ of Habeas Corpus / Application for Leave to Appeal (dismissed)
- Outcome
- Application for leave to appeal dismissed
- Legal Topics
- Leave to Appeal (s13 Supreme Court Act 2003), Recusal, Warrant of Commitment, Procedure Under S17 Habeas Corpus Act 2001
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alan Ivo Greer
Applicant
The Parole Board at Auckland Prison and Ors
Respondent
Procedural Posture
Application for Leave to Appeal to the Supreme Court Against Refusal to Issue a Writ of Habeas Corpus / Application for Leave to Appeal (dismissed)
Legal Issues
- 1 Whether prior judicial involvement required recusal
- 2 Whether the application met the s13 criteria for leave to appeal to the Supreme Court
- 3 Whether the applicant's detention was lawful under a warrant of commitment
Ratio Decidendi
Leave to appeal was refused because the proposed appeal did not meet the s13 criteria and was plainly devoid of merit given that the applicant's detention was pursuant to a valid warrant of commitment; alleged prior involvement of the Justices did not establish a basis for recusal.
Court Disposition
Application for leave to appeal dismissed
Orders
- The application for leave to appeal is dismissed.
- The Court permitted the applicant additional time for submissions despite objection to the s17 timetable.
Full Case Text
Judgment text and source record
1 paragraphs
GREER V THE PAROLE BOARD AT AUCKLAND PRISON AND ORS SC SC 9/2007 7 March 2007IN THE SUPREME COURT OF NEW ZEALAND SC 9/2007 [2007] NZSC 11BETWEEN ALAN IVO GREER Applicant AND THE PAROLE BOARD AT AUCKLAND PRISON AND ORS Respondents Court: Elias CJ, Blanchard and Anderson JJ Counsel: Applicant in Person V Sim for Respondents Judgment: 7 March 2007JUDGMENT OF THE COURT The application for leave to appeal is dismissed. REASONS[1] Mr Greer seeks leave to appeal against dismissal by the Court of Appeal of his appeal against refusal by the High Court to issue a writ of habeas corpus. He has written to the Registrar taking exception to each of the Judges of this Court participating in the hearing of his application because each has had some prior involvement with him in the court system. That, however, provides no basis for a recusal. [2] In accordance with the requirements of s 17 of the Habeas Corpus Act 2001 a shortened timetable for submissions was directed by a Minute on 8 February 2007. Mr Greer objected to that course. The Court has therefore permitted him additional time.[3] The Court is satisfied that the proposed appeal does not meet the criteria in s 13 of the Supreme Court Act 2003. It is plainly devoid of merit as Mr Greer's detention is as a convicted person detained pursuant to a valid warrant of commitment.Solicitors: Crown Law Office, Wellington