New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Habeas corpus vs judicial review

  • 22 Dec 2020

    TAYLOR v DIRECTOR, OTAGO CORRECTIONS FACILITY [2020] NZCA 692

    Citation
    [2020] NZCA 692
    Court
    Court of Appeal

    The Court dismissed the appeal because the second convenor legitimately reconsidered the matter on new material (the police summary of facts and supporting evidence) capable of satisfying s62(1); habeas corpus was an inappropriate vehicle to litigate merits while statutory remedies and a full recall hearing remained pending; therefore the interim recall order and detention were lawful.

    • Interim recall
    • Parole act s62
    • Habeas corpus vs judicial review
    • Procedural fairness
    • Audiovisual link in hearings

  • 14 Feb 2005

    CAMPBELL v PRISON CA CA3/05

    Citation
    openlaw-5e38e2e6_1096_4481_a673_915eaee5d9ba.pdf
    Court
    Court of Appeal

    Procedural non‑compliance with s107 did not automatically render detention unlawful; s107(8) does not bar the Court from quashing an order in an appropriate case, but on the facts the irregularities were technical and insufficient to warrant quashing the Parole Board's order, so detention remained lawful; habeas corpus was an inappropriate summary vehicle where factual evaluation was required and judicial review or mandamus is the appropriate route.

    • Parole board procedure
    • Statutory interpretation of s107 parole act 2002
    • Habeas corpus vs judicial review
    • Procedural fairness and notice
    • Remedies for procedural irregularity