6 May 2022
DWM v BLJM [2022] NZHC 958
- Citation
- [2022] NZHC 958
- Court
- High Court
Because the detained person is a young child, welfare issues could arise, the mother was effectively unrepresented and service was uncertain, and the Family Court already has enforcement and contempt powers (including a warrant to uplift the child), the proper course was to transfer the habeas corpus application to the Family Court under s13 of the Habeas Corpus Act 2001 rather than for the High Court to issue a writ directed to the mother.