WILSON v DEPARTMENT OF CORRECTIONS [2022] NZHC 814
The detention was lawful because it was pursuant to a valid District Court warrant issued under s 168(4) of the Criminal Procedure Act 2011 signed by a judge; the applicant offered no legal basis to impugn that detention, so the habeas corpus application is dismissed.
Source-derived case information.
- Citation
- [2022] NZHC 814
- Parties
- Applicant: SAAN HUIA WILSON; Respondent: Department of Corrections – Spring Hill Corrections Facility
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 21 April 2022
- Procedural Posture
- Habeas Corpus / Judgment on the Papers (application Dismissed)
- Outcome
- Application for writ of habeas corpus dismissed.
- Legal Topics
- Lawfulness of Detention, Warrant Under S 168(4) Criminal Procedure Act 2011, Executor De Son Tort, Sovereign Citizen/common Law Name Claims
Source-derived case record
Summary, issues, holding and outcome
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Parties
SAAN HUIA WILSON
Applicant
Department of Corrections – Spring Hill Corrections Facility
Respondent
Procedural Posture
Habeas Corpus / Judgment on the Papers (application Dismissed)
Legal Issues
- 1 Whether detention pursuant to District Court warrant dated 17 March 2022 is lawful
- 2 Whether the applicant's 'Executor De Son Tort' and copyright-in-name claims provide any legal basis to challenge detention
- 3 Whether mistaken identity/copyright in name invalidates charging documents or warrant
Ratio Decidendi
The detention was lawful because it was pursuant to a valid District Court warrant issued under s 168(4) of the Criminal Procedure Act 2011 signed by a judge; the applicant offered no legal basis to impugn that detention, so the habeas corpus application is dismissed.
Court Disposition
Application for writ of habeas corpus dismissed.
Orders
- Application for writ of habeas corpus dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
WILSON v DEPARTMENT OF CORRECTIONS [2022] NZHC 814 [21 April 2022]IN THE HIGH COURT OF NEW ZEALANDHAMILTON REGISTRYI TE KŌTI MATUA O AOTEAROAKIRIKIRIROA ROHECIV-2022-419-091[2022] NZHC 814BETWEEN SAAN HUIA WILSONApplicantAND DEPARTMENT OF CORRECTIONS –SPRING HILL CORRECTIONS FACILITYRespondentJudgment(On the papers):21 April 2022JUDGMENT OF ROBINSON JThis judgment was delivered by me on 21 April 2022 at 11:00ampursuant to Rule 11.5 of the High Court RulesRegistrar/Deputy Registrar[1] Mr Wilson applies for a writ of habeas corpus. Mr Wilson is currently detainedat Spring Hill Corrections Facility pursuant to a warrant dated 17 March 2022 to detainhim issued by the District Court pursuant to s 168(4) of the Criminal Procedure Act2011 (Warrant). However, Mr Wilson claims that:1. Attention – This document notifies you that we Saan-Huia Wilson:demand a writ of Habeas Corpus immediately.2. An Executor De Son Tort trespass was unlawfully perpetuated on theall capital letter – SAAN HUTA WILSON, Estate whom I believe isPolice Prosecutions No Police. And they will be held accountable andliable as trustees to correct the damage upon the SAAN HUIAWILSON, Estate.3. New Zealand Police, Prosecutions, anyone claiming to have Authoritywill substantiate their claim. "By what Warrant?" They will forthwith return and transmit their written delegated authority to"represent" that they are authorised to Administer the all capital letternamed SAAN HUIA WILSON Estate together with a certified copyof their Oath for the Office of [Attorney at Law or GovernmentOfficial], accompanied by certified copies of their BAR BONDS. Theoffice of (the Corporate-Entity) and a detailed list of "all" other bonds,sureties, indemnification and insurance relating in any way to theirpersonal and professional endeavours and their abandoned paperworkintrusion upon the all capital SAAN HUIA WILSON, Estate.4. We have a common law copyright Notice that will be attached to thisdocument as Notice to the Courts, New Zealand Police and Ministryof Justice that we Saan-Huia Wilson are the copy righted owner of theall capital letter name SAAN HUIA WILSON ©. It is our property.And you will be held liable to any unauthorised use of that property.5. As occupant of the Executor Office of the SAAN HUIA WILSON,Estate no one has or will ever get permission from this office toadminister in any capacity whatsoever, unless by our written authority,and we REBUTT (sic) any assumption or presumption to the contrary.6. Grounds for immediate release are unauthorised administration(Executor De Son Tort) of the all capital letter SAAN HUIAWILSON, Estate.7. Mistaken Identity the name on all police charging documents and alsoCustodial Warrant to detail is a fictitious name and copyrightedproperty.8. According to the law a true name cannot be copyrighted or owned likeliving beings that would be slavery (section 98) Crimes Act.9. Upon release for unlawful detainment, Ministry of Justice Departmentand the Corrections Department will facilitate and provide for: Saan-Huia Wilson immediately upon release a vehicle of choice and (cash)credit (negotiable) for reintegration and housing needs.10. All government agencies will not interfere in the Affairs of the SAANHUIA WILSON, Estate. They have no Authority over the Estate.[2] Mr Wilson also refers to a "Common Law Copyright Notice".[3] This is Mr Wilson's fifth application or purported application for a writ ofhabeas corpus. The first was filed in the Rotorua Registry of the High Court anddismissed by Campbell J on 8 March 2021.1 The second was also filed in the RotoruaRegistry and dismissed by Whata J on 22 March 2021.2 More recently Mr Wilson haspurported twice to file applications for writs of habeas corpus in the AucklandRegistry. Lang J determined that these did not constitute proper applications for writsof habeas corpus and directed that the purported applications be returned to Mr Wilson.Discussion[4] Mr Wilson has been arrested on various charges and declined bail. Pursuant tothe warrant he is remanded in custody until 5 May 2022 when he is required to appearby way of AVL at the Hamilton District Court at 10:00am to answer further to thecharges. The warrant is signed by a District Court Judge. This makes his detentionlawful. Mr Wilson's application, such as it is, provides no basis for challenging thelawfulness of his detention. It is legally unsound.[5] Mr Wilson's application for writ of habeas corpus is dismissed.____________________________Robinson J1 Wilson v The Chief Executive of the Department of Corrections [2021] NZHC 422.2 Wilson v Commissioner of Police [2021] NZHC 581.