15 Apr 2015
GENGE v SUPERINTENDENT OF CHRISTCHURCH MEN'S PRISON [2015] NZHC 705
- Citation
- [2015] NZHC 705
- Court
- High Court
The warrant of commitment issued under s143 Criminal Justice Act 1985 remains valid after repeal because s91 of the Sentencing Act 2002 corresponds to s143 and, under s21 (and s17) of the Interpretation Act 1999, anything done in the exercise of a power under the repealed enactment continues to have effect as if done under the replacing or corresponding enactment; therefore the applicant's detention is lawful and habeas corpus is refused.