23 Apr 2015
KYUNG YUP KIM v THE PRISON MANAGER, MOUNT EDEN CORRECTIONS FACILITY [2015] NZSC 47
- Citation
- [2015] NZSC 47
- Court
- Supreme Court
The writ of habeas corpus could not succeed because, following the determination of eligibility for surrender under s 24 and the appellant's abandonment of his appeal, the District Court's issuance of a s 26(1) warrant was mandatory and therefore the appellant's detention under that warrant was lawful; there was no issue of general or public importance nor a substantial miscarriage of justice warranting leave to appeal.