CLARKE v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZHC 2671
The High Court held that the applicant's request to review District Court and Family Court files and the validity of a protection order is not a proper use of habeas corpus and, given the applicant is remanded under warrants until 10 October 2023, the application is an abuse of process and must be dismissed under s...
Source-derived case information.
- Citation
- [2023] NZHC 2671
- Parties
- Applicant: Neil Martin Clarke; Respondent: The Chief Executive of the Department of Corrections
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 25 September 2023
- Procedural Posture
- Habeas Corpus Application / Fourth Application to High Court; Determination on the Papers; Dismissed
- Outcome
- Application dismissed
- Legal Topics
- Writ of Habeas Corpus, Dismissal Under S 15(1) Habeas Corpus Act 2001, Abuse of Process, Validity of Protection Orders, Remand Warrants
Source-derived case record
Summary, issues, holding and outcome
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Parties
Neil Martin Clarke
Applicant
The Chief Executive of the Department of Corrections
Respondent
Procedural Posture
Habeas Corpus Application / Fourth Application to High Court; Determination on the Papers; Dismissed
Legal Issues
- 1 Whether habeas corpus may be used to review District Court and Family Court files or determine validity of a protection order
- 2 Whether the application constituted an abuse of the Court's process
- 3 Whether existing remand warrants precluded habeas relief
Ratio Decidendi
The High Court held that the applicant's request to review District Court and Family Court files and the validity of a protection order is not a proper use of habeas corpus and, given the applicant is remanded under warrants until 10 October 2023, the application is an abuse of process and must be dismissed under s 15(1) of the Habeas Corpus Act 2001.
Court Disposition
Application dismissed
Orders
- Application for writ of habeas corpus dismissed under s 15(1) of the Habeas Corpus Act 2001
- No writ issued
Full Case Text
Judgment text and source record
1 paragraphs
CLARKE v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZHC 2671 [25September 2023]IN THE HIGH COURT OF NEW ZEALANDROTORUA REGISTRYI TE KŌTI MATUA O AOTEAROATE ROTORUA-NUI-A-KAHUMATAMOMOE ROHECIV-2023-463-69[2023] NZHC 2671UNDER the Habeas Corpus Act 2001IN THE MATTER OF an application for a writ of habeas corpusBETWEEN NEIL MARTIN CLARKEApplicantAND THE CHIEF EXECUTIVE OF THEDEPARTMENT OF CORRECTIONSRespondentHearing: On the papersCounsel: Applicant in personC A Bourke for RespondentJudgment: 25 September 2023JUDGMENT OF LANG J[on fourth application for writ of habeas corpus]This judgment was delivered by Justice LangOn 25 September 2023 at 1.00 pmPursuant to r 11.5 of the High Court RulesRegistrar/Deputy RegistrarDate:Solicitors/counsel:Pollett Legal, TaurangaCopy to:Mr N M Clarke[1] Mr Clarke has now filed a fourth application seeking a writ of habeas corpus.His earlier applications were dismissed by Tahana J,1 Brewer J2 and me.3[2] The present application asks a High Court Judge to "review the TaurangaDistrict Court and Family Court files" to see whether a protection order has beenvalidly issued.[3] The habeas corpus procedure is not available for this type of undertaking. AsI made clear in the judgment I issued on 8 September 2023, Mr Clarke is currentlysubject to warrants remanding him in custody until 10 October 2023.4 It follows thathis latest application for a writ of habeas corpus is an abuse of the Court's process. Itis dismissed under s 15(1) of the Habeas Corpus Act 2001.___________________________Lang J1 Clarke v Chief Executive of the Department of Corrections [2023] NZHC 2052.2 Clarke v Chief Executive of the Department of Corrections [2023] NZHC 2153.3 Clarke v Chief Executive of the Department of Corrections [2023] NZHC 2527.4 At [7].