FUNNELL V NORTHLAND REGION CORRECTIONS FACILITY HC WHA CIV-2010-488-748

FUNNELL V NORTHLAND REGION CORRECTIONS FACILITY HC WHA CIV-2010-488-748 29 November 2010IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY CIV-2010-488-748BETWEEN ALLAN FUNNELL Applicant AND THE SUPERINTENDENT OF NORTHLAND REGION CORRECTIONS FACILITY Respondent Hearing: 29 November 2010 Appearances: G R Anson for the Applicant M B Smith for the Respondent Judgment: 29 November 2010JUDGMENT OF PETERS J.[1] This morning Mr Anson for the Applicant and Mr Smith for the Respondent appeared before me in respect of an application for a writ of habeas corpus filed by the Applicant and dated 24 November 2010. [2] Counsel for the Applicant advised me that the Applicant had decided not to pursue the application. A warrant of commitment on adjournment was issued by District Court Judge Everitt at the Kaitaia District Court on 10 September 2010 and it is pursuant to that warrant that the Applicant is presently detained at the Northern Region Corrections Facility. [3] Given that, no writ of habeas corpus could properly be issued. The application is dismissed.[4] Counsel for the Applicant notes that this is without prejudice to any bail application that the Applicant may make, which of course he is free to do. [5] No order is sought as to costs. ...........................................PETERS JSolicitors: Crown Solicitor, PO Box 146 Whangarei 0140 Email: Michaels@mwis.co.nz Counsel: Grant R Anson, P O Box 248 Kerikeri 0245 Email: nil-desp@xtra.co.nz