New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Statutory interpretation of habeas corpus act 2001

  • 23 Jan 2020

    BUTCHER v THE DISTRICT COURT OF NEW ZEALAND [2020] NZHC 23

    Citation
    [2020] NZHC 23
    Court
    High Court

    The application was dismissed because s15(1) of the Habeas Corpus Act 2001 bars further applications that re-examine substantially the same questions previously decided; additionally, even on the merits habeas corpus was not an appropriate vehicle to challenge the conviction or sentence and the Court could not call into question a conviction of a court of competent jurisdiction under s14(2).

    • Re-litigation bar
    • Writ of habeas corpus
    • Challenge to warrant of commitment
    • Statutory interpretation of habeas corpus act 2001

  • 6 Oct 2014

    MATHIESEN v MATHIESEN [2014] NZHC 2449

    Citation
    [2014] NZHC 2449
    Court
    High Court

    The habeas corpus application is dismissed because an adjudication of bankruptcy does not amount to 'detention' within the meaning of the Habeas Corpus Act 2001 or at common law; the Act does not apply and the application is a collateral challenge/abuse of process; consequently no hearing is to be allocated and similar future filings are to be refused under the Court's inherent jurisdiction.

    • Detention
    • Adjudication of bankruptcy
    • Statutory interpretation of habeas corpus act 2001
    • Refusal to allocate hearing
    • Collateral challenge to bankruptcy adjudication