New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Māori sovereignty challenge

Legal area

Court

4 Apr 2022

TEEPU on behalf of SIMONS v THE CHIEF JUDGE OF THE WAITAKERE DISTRICT COURT & CUSTODIAL MANAGER [2022] NZHC 669

Citation

[2022] NZHC 669
Court

High Court

The detainee was lawfully detained pursuant to a valid warrant of commitment dated 21 March 2022; the habeas corpus procedure was inappropriate to challenge the bail ruling and to resolve alleged Bill of Rights breaches under ss 14(1A)(b) and 14(2)(b) of the Habeas Corpus Act 2001; accordingly the application for a writ of habeas corpus was dismissed.
10 Aug 2020

MANUEL v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2020] NZHC 2015 [10 August 2020]

Citation

[2020] NZHC 2015
Court

High Court

The judge's signed and unequivocal direction continuing bail until 15 October 2020 constituted sufficient lawful authority for the applicant's detention; jurisdictional challenges based on Māori sovereignty fail; accordingly the habeas corpus application is dismissed.
11 Feb 2020

TE MONI v POLICE [2020] NZHC 119

Citation

[2020] NZHC 119
Court

High Court

Refusal of the transcript application because no written transcript existed and the Rules do not require creation of non-existent documents; resource implications and precedent counsel against ordering transcription; applicant failed to show the high threshold required by s 237 Criminal Procedure Act 2011 (no miscarriage of justice or matter of general/public importance), so there was no interest of justice to justify transcription.