VAN WAKEREN v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2016] NZHC 2904
Having considered the submissions and documents, the Court concluded there was no basis to grant habeas corpus and dismissed the application because the detention was authorised by an interim recall under s 62 of the Parole Act 2002.
Source-derived case information.
- Citation
- [2016] NZHC 2904
- Parties
- Applicant: Ronald van Wakeren; Respondent: The Chief Executive of the Department of Corrections
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 1 December 2016
- Procedural Posture
- Writ of Habeas Corpus / Hearing and Judgment (1 December 2016)
- Outcome
- Application dismissed
- Legal Topics
- Interim Recall S 62 Parole Act 2002, Lawfulness of Detention, Habeas Corpus Procedure
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ronald van Wakeren
Applicant
The Chief Executive of the Department of Corrections
Respondent
Procedural Posture
Writ of Habeas Corpus / Hearing and Judgment (1 December 2016)
Legal Issues
- 1 Whether detention pursuant to an interim order for recall under s 62 Parole Act 2002 was unlawful and justified issuance of a writ of habeas corpus
- 2 Whether the High Court should grant habeas corpus relief in the circumstances
Ratio Decidendi
Having considered the submissions and documents, the Court concluded there was no basis to grant habeas corpus and dismissed the application because the detention was authorised by an interim recall under s 62 of the Parole Act 2002.
Court Disposition
Application dismissed
Orders
- Application for a writ of habeas corpus dismissed
- No writ of habeas corpus to issue
Full Case Text
Judgment text and source record
1 paragraphs
VAN WAKEREN v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2016] NZHC2904 [1 December 2016]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYCIV-2016-404-3035[2016] NZHC 2904BETWEEN RONALD VAN WAKERENApplicantAND THE CHIEF EXECUTIVE OF THEDEPARTMENT OF CORRECTIONSRespondentHearing: 1 December 2016Appearances: Applicant in person (via AVL)A F Todd for the RespondentJudgment: 1 December 2016JUDGMENT OF WOODHOUSE JSolicitors:Applicant, C/o Mt Eden Correctional Facility, AucklandMs A F Todd, Crown Law, Wellington[1] Mr van Wakeren, by application received by the Court yesterday, has appliedfor a writ of habeas corpus. This followed his arrest and detention in prison on aninterim order for recall under s 62 of the Parole Act 2002.[2] Having heard submissions from Mr van Wakeren, and from Ms Todd, for thedefendant, it was necessary to adjourn the hearing, at Mr van Wakeren's request, toread his written submissions which he had sent by email from prison but which I hadnot had an opportunity to read.[3] I have now read those submissions. Taking account of all submissions, andother documents filed, I am satisfied that the application must be dismissed.[4] I had hoped to provide my reasons in writing before the end of today, but thatmay not be possible. My reasons will follow without delay._________________________________Woodhouse J