SIEMER V THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS SC 67/2010
Habeas corpus was unavailable to challenge the Supreme Court's final contempt judgment and committal order; the applicant must apply to the High Court to establish that the conditions for release have been satisfied, and therefore the application for leave to appeal is dismissed.
Source-derived case information.
- Citation
- SC 67/2010
- Parties
- Applicant: Vincent Ross Siemer; Respondent: The Chief Executive of the Department of Corrections
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 16 July 2010
- Procedural Posture
- Application for Leave to Appeal (habeas Corpus Matter) / Supreme Court Judgment (leave to Appeal Dismissed)
- Outcome
- Application for leave to appeal dismissed
- Legal Topics
- Habeas Corpus, Contempt, Committal, Jurisdiction, Leave to Appeal, Remedies
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Ross Siemer
Applicant
The Chief Executive of the Department of Corrections
Respondent
Procedural Posture
Application for Leave to Appeal (habeas Corpus Matter) / Supreme Court Judgment (leave to Appeal Dismissed)
Legal Issues
- 1 Whether habeas corpus can be used to challenge this Court's final judgment finding contempt and ordering committal
- 2 Whether the applicant may use habeas corpus to challenge the basis of his committal
- 3 What is the appropriate forum to seek release when conditions of committal are said to be satisfied
Ratio Decidendi
Habeas corpus was unavailable to challenge the Supreme Court's final contempt judgment and committal order; the applicant must apply to the High Court to establish that the conditions for release have been satisfied, and therefore the application for leave to appeal is dismissed.
Court Disposition
Application for leave to appeal dismissed
Orders
- The application for leave to appeal is dismissed.
- We make no order for costs.
Full Case Text
Judgment text and source record
1 paragraphs
SIEMER V THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS SC 67/2010 16 July 2010IN THE SUPREME COURT OF NEW ZEALAND SC 67/2010 [2010] NZSC 83BETWEEN VINCENT ROSS SIEMER Applicant AND THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS Respondent Court: Elias CJ, Blanchard and McGrath JJ Counsel: F C Deliu for Applicant A M Powell for Respondent Judgment: 16 July 2010JUDGMENT OF THE COURTThe application for leave to appeal is dismissed. REASONS[1] As the respondent submits, and as the lower courts have pointed out to the applicant, the application for habeas corpus is entirely misconceived. The applicant cannot by this means question the judgment of this Court, on final appeal, which found that he was in contempt and ordered his committal, but on conditions fulfilment of which would lead to his release. [2] It appears that the applicant has belatedly appreciated that, if he believes those conditions are met, his appropriate course is to apply to the High Court, as he now appears to have done. It will be for that Court to determine whether the applicant has established that he can now be released in terms of this Court's order. The basis on which that order was made cannot, however, be the subject of legal challenge by Mr Siemer.[3] We make no order for costsSolicitors: Equity Law, Auckland for Applicant Crown Law Office, Wellington