MORGAN v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2022] NZHC 3481
At the date of the hearing the applicant was subject to a warrant to detain signed on 15 December 2022 making his detention lawful; any prior alleged unlawfulness was therefore overtaken and the writ of habeas corpus was refused.
Source-derived case information.
- Citation
- [2022] NZHC 3481
- Parties
- Applicant: Gareth David Morgan; Respondent: Chief Executive of the Department of Corrections
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 16 December 2022
- Procedural Posture
- Habeas Corpus Application Under the Habeas Corpus Act 2001 / Urgent Application on the Papers; Hearing 16 December 2022; Application Dismissed
- Outcome
- Application for a writ of habeas corpus dismissed.
- Legal Topics
- Lawfulness of Detention, Bail Conditions, Warrant to Detain, Stay/discontinuance of Proceedings
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gareth David Morgan
Applicant
Chief Executive of the Department of Corrections
Respondent
Procedural Posture
Habeas Corpus Application Under the Habeas Corpus Act 2001 / Urgent Application on the Papers; Hearing 16 December 2022; Application Dismissed
Legal Issues
- 1 Whether the applicant's detention was unlawful due to arrest for an alleged non‑existent bail condition
- 2 Whether a subsequent lawful detention or warrant overtakes any prior deficiency in lawfulness such that a writ of habeas corpus should not issue
- 3 Whether the application should be determined given the applicant's notice of discontinuance
Ratio Decidendi
At the date of the hearing the applicant was subject to a warrant to detain signed on 15 December 2022 making his detention lawful; any prior alleged unlawfulness was therefore overtaken and the writ of habeas corpus was refused.
Court Disposition
Application for a writ of habeas corpus dismissed.
Orders
- Application for a writ of habeas corpus dismissed
Full Case Text
Judgment text and source record
1 paragraphs
MORGAN v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2022] NZHC 3481 [16December 2022]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYI TE KŌTI MATUA O AOTEAROAŌTAUTAHI ROHECIV-2022-409-594[2022] NZHC 3481UNDER the Habeas Corpus Act 2001IN THE MATTER OF an application for a writ of habeas corpusBETWEEN GARETH DAVID MORGANApplicantAND CHIEF EXECUTIVE OF THEDEPARTMENT OF CORRECTIONSRespondentHearing: On the papersCounsel: J Tupaea for ApplicantW Taffs for RespondentDate: 16 December 2022JUDGMENT OF EATON J[1] On 15 December 2022, Mr Morgan made application for a writ of habeascorpus. The application was referred to me as a matter of urgency, in accordance withs 9 of the Habeas Corpus Act 2001 (the Act).[2] In his unsworn affidavit filed in support of the application, Mr Morgan allegedhe was unlawfully arrested in Dunedin and detained in custody from 23 November2022. He says he was arrested for breaching a "not to consume, possess or be foundintoxicated in a public place" bail condition, but that he was not subject to any suchcondition of bail.[3] Mr Morgan deposes that he appeared in the District Court at Christchurch on15 December 2022 and made an application for bail. His evidence is that he wasrefused bail because he does not have a suitable address.[4] In my minute of 15 December, I questioned whether the alleged deficienciesin the lawfulness of Mr Morgan's detention had been overtaken by the reconsiderationand refusal of his application for bail. I directed the registrar to convene a telephoneconference today to hear the application.[5] This morning Mr Tupaea, on behalf of Mr Morgan, having reflected further onthe merit of the application, gave notice he will file a notice of discontinuance. Thatnotice has now been filed.[6] Section 14(3) of the Act provides:(3) Subject to section 13(2), a Judge must determine an application by—(a) refusing the application for the issue of the writ; or(b) issuing the writ ordering the release from detention of thedetained person.[7] The relevant date to consider an application for habeas corpus is the date of thehearing of the application. A prior deficiency in the lawfulness of an applicant'sdetention will be overtaken by a subsequent lawful detention. 1[8] I have now sighted the warrant to detain Mr Morgan signed by the Judge on 15December. I am therefore satisfied that his current detention is lawful.[9] The application for a writ of habeas corpus is dismissed.Solicitors:Crown Solicitor, Christchurch1 Misiuk v The Chief Executive of the Department of Corrections [2010] NZCA 480, at [25].