WILSON v DEPARTMENT OF CORRECTIONS [2022] NZHC 814

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
Criminal Procedure Habeas Corpus Prison Law Administrative Law Lawfulness of Detention Warrant Under S 168(4) Criminal Procedure Act 2011 Executor De Son Tort Sovereign Citizen/common Law Name Claims

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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)

  1. 1 Whether detention pursuant to District Court warrant dated 17 March 2022 is lawful
  2. 2 Whether the applicant's 'Executor De Son Tort' and copyright-in-name claims provide any legal basis to challenge detention
  3. 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.