9 Aug 2019
SMITH v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2019] NZCA 362
- Citation
- [2019] NZCA 362
- Court
- Court of Appeal
Brewer J was correct to direct the Registrar not to accept the documents for filing because the material was unintelligible, did not comply with filing requirements, and—importantly—advanced substantially the same 'dual identity' grounds previously rejected, so ss 14(1A) and 15(1) of the Habeas Corpus Act 2001 permitted refusal without further rehearing; consequently the Court of Appeal dismissed the appeal and affirmed that habeas corpus was not the appropriate vehicle for the identity claims.