New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Appropriate remedy

Legal area

Court

1 Sept 2023

EADEN v DISTRICT COURT AT CHRISTCHURCH [2023] NZHC 2451

Citation

[2023] NZHC 2451
Court

High Court

The application failed procedural requirements and a writ of habeas corpus was not the appropriate remedy to challenge the District Court's refusal of bail; accordingly the High Court dismissed the habeas corpus application under s 14(1A)(b) and treated the materials as an appeal against the bail decision.
29 Aug 2018

S & L v FAMILY COURT AT AUCKLAND [2018] NZHC 2313

Citation

[2018] NZHC 2313
Court

High Court

The habeas corpus application was dismissed because Baby J was detained by Guam Child Protective Services, not by the named New Zealand respondents; the New Zealand High Court could not issue an effective writ to the foreign custodian and habeas corpus is not the appropriate vehicle to mount a collateral attack on Family Court orders, which must be challenged in the Family Court or by appeal/judicial review.