New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Bail refusal

Legal area

Court

21 Feb 2020

COOKE v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2020] NZHC 244

Citation

[2020] NZHC 244
Court

High Court

Habeas corpus was inappropriate to challenge alleged illicit search or a decision declining bail; the correct remedies are criminal proceedings or a bail appeal or fresh bail application, and the applicant's detention was lawful because it was authorised by valid warrants of commitment, therefore the writ is refused.
26 Jul 2018

REUBEN v NEW ZEALAND POLICE [2018] NZHC 1870

Citation

[2018] NZHC 1870
Court

High Court

The High Court held the District Court judge did not err: he was entitled to prefer the complainant's cogent evidence over the applicant's, to find the complainant's consent was given under fear and the vehicle was her property, and no procedural unfairness or legal error created a real risk of miscarriage of justice; appeal dismissed.