8 Sept 2023
The applicant's detention remained lawful due to valid District Court remand warrants and prior judicial findings; the present habeas application advances no substantiated new grounds and is therefore an abuse of process that must be dismissed under s 15(1) of the Habeas Corpus Act 2001.
31 Oct 2022
Because the respondent produced a valid warrant authorising detention and the applicant did not challenge the warrant or assert any lawful defect, the detention was lawful and the habeas corpus application was dismissed.
6 Oct 2022
The application to further adjourn sentencing was declined because institutional failures causing uncertain and lengthy delay in obtaining mandatory s 88 reports did not justify extending pre-sentence custody for a defendant remanded since 2019 when preventive detention was unlikely and public safety risks could be managed by alternative measures.
20 Sept 2022
Applicant failed to show detention was unlawful because the respondent produced valid warrants and court records and the detainee's identity was established despite name discrepancies; therefore habeas corpus was dismissed.
21 Jul 2022
The court granted remand in a prison youth unit under s175(1A)(b) because credible incident reports demonstrated escalating and random violent behaviour by the 17 year old and Oranga Tamariki lacked the powers and infrastructure to manage the risk to other young persons; Chief Executives agreed transfer was necessary to ensure safety, and suppression of identity was ordered because publicity would cause extreme hardship to the young person and public interest did not require disclosure given UNCRC and BORA protections.
29 Mar 2022
Because the factual landscape underpinning the curfew condition changed (Covid-19 restrictions on large outdoor gatherings ended), the risk of the specific offending alleged was removed and the bail condition was no longer justified; accordingly the appeal to vary bail succeeds and the proposed holiday variation is permitted.
22 Mar 2022
Application refused because the challenge impermissibly sought to impeach a bail ruling of a court of competent jurisdiction and the warrant of detention was valid on its face and the respondent established the lawfulness of detention.
29 Aug 2019
The defendant was found mentally impaired and unfit to stand trial because, although he adequately understood the nature and consequences of the proceedings, he could not communicate adequately with counsel to conduct a defence; the evidence is sufficient to establish he caused the act; accordingly the court ordered inquiries under ss24/25 and remanded him to Mason Clinic with detention under s44(1); a disposition hearing was set for 26 September 2019.
18 Mar 2019
Because the Crown applied for transfer under s70 and the defendant did not oppose, the High Court ordered the charges against Richard John Sim to be tried in the High Court and scheduled his appearance; transfer was authorised by s70 Criminal Procedure Act 2011.
3 Sept 2018
Leave to appeal was refused because the applicant failed to demonstrate exceptional circumstances justifying a direct appeal to the Supreme Court and did not challenge the validity of the produced warrant; the proposed arguments about native customary title do not produce the required exceptional circumstances.