AWHITU (AFAKASI SLADE) AND ORS V THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS HC AK CIV-2010-404-001338

AWHITU (AFAKASI SLADE) AND ORS V THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS HC AK CIV-2010-404-001338 9 March 2010IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV-2010-404-001338BETWEEN HOHEPA OTIMI AWHITU (AFAKASI SLADE) LOLOLESIO O'BRIEN TASIANO IOSEFO Plaintiffs AND THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS Defendant Hearing: 8 March 2010 Counsel: SJM Mount for the Defendant Ariki Gerrard T Otimi in attendance for the Plaintiffs Judgment: 9 March 2010 at 11.00 a.m.JUDGMENT OF RODNEY HANSEN JThis judgment was delivered by me on 9 March 2010 at 11.00 a.m. pursuant to Rule 11.5 of the High Court Rules. Registrar/Deputy Registrar Date: .Solicitors: Meredith Connell, P O Box 2213, Shortland Street, Auckland 1140 for Defendant Copy to: Ariki Gerrard T Otimi, 9 Ashgrove Avenue, Mangere 2022[1] This application for habeas corpus does not comply with the High Court Rules and is advanced on behalf of the plaintiffs by Ariki Gerrard T Otimi who has no standing to appear on their behalf. In deference to the large number of interested members of the public present, and the presumed importance of the matter to them, I nevertheless allowed Mr Otimi to speak, a right he claimed by virtue of the three prisoners having been "whaangaied" (adopted) into the Otimi hapu. [2] I heard nothing from Mr Otimi to indicate that there is any factual or legal basis to the application. As the following information confirms, all are lawfully in custody.Afakasi Slade[3] Afakasi Slade is a Samoan national who arrived in New Zealand on 19 September 2006 on a visitor permit that expired on 19 October 2006. He applied for further permits, the last of which expired on 19 March 2007. He has been unlawfully in New Zealand since then. There are no outstanding applications with Immigration New Zealand or appeals. [4] On 28 April 2009, Mr Slade was located at an address in Otara. A removal order was served on him. He was not taken into custody in order to allow him and his family time to depart voluntarily. He failed to do so. [5] On 2 March 2010, Mr Slade was taken into custody under s 59 of the Immigration Act 1987 for the purpose of executing the removal order. On 4 March a warrant of commitment was made in the Manukau District Court by Judge Johns. He is lawfully in custody and there is no impediment to his proposed removal on 9 March.Lololesio O'Brien[6] Lololesio O'Brien arrived in New Zealand on 17 December 2007 on a visitor permit that expired on 17 January 2008. He applied for further permits, the last ofwhich expired on 17 June 2008. He has been unlawfully in New Zealand since then. There are no outstanding applications with Immigration New Zealand or appeals. [7] On 28 April 2009 Mr O'Brien was located at Otara by Immigration New Zealand. He was served with a removal order but was not taken into custody to allow him and his family time to depart on a voluntary basis. He failed to do so and on 2 March 2010 was taken into custody under s 59 of the Immigration Act for the purpose of executing the removal order. On 4 March Judge John issued a warrant of commitment under s 60 of the Immigration Act. [8] I am satisfied that Mr O'Brien is lawfully in custody and that there is no impediment to his proposed removal on 9 March.Tasiano Iosefo[9] Tasiano Iosefo is a Samoan national who arrived in New Zealand on 23 April 2007. He was granted a visitors permit upon arrival. His final permit expired on 15 February 2009. He has been unlawfully in New Zealand since then. He has no outstanding applications with Immigration New Zealand or appeals. [10] On 2 March 2010 Mr Iosefo was interviewed. He was taken into custody and detained pursuant to s 59 of the Immigration Act for the purpose of executing a removal order dated 2 March 2010. On 4 March a warrant of commitment was issued by Judge John under s 60 of the Immigration Act. [11] I am satisfied that Mr Iosefo is lawfully detained and that there is no legal impediment to his proposed removal from New Zealand on 9 March. [12] The proceeding names the Superintendent of the Mt Eden Remand Centre as defendant. At the request of Mr Mount, I amend the intituling to substitute The Chief Executive of the Department of Corrections as defendant.