New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Standing to apply for habeas corpus

  • 1 May 2017

    N v NEW ZEALAND POLICE [2017] NZHC 840

    Citation
    [2017] NZHC 840
    Court
    High Court

    The application was dismissed because habeas corpus addresses current unlawful detention and, at the time of hearing, Mrs N was no longer detained by the facility or police (she was under the applicant's control); combined with the existence of Family Court orders and prior unsuccessful litigation, habeas corpus relief was not available and the application must be dismissed.

    • Unlawful detention
    • Rest home/dementia care
    • Protection orders under pprra
    • Police powers and duties
    • Standing to apply for habeas corpus

  • 25 May 2012

    MISIUK V CHIEF EXECUTIVE OF THE DEPARTMENT OF LABOUR COA CA301/2012

    Citation
    COA CA301/2012
    Court
    Court of Appeal

    The removal order under the Immigration Act 2009 had legal force and effect; therefore the appellant's arrest and detention pending deportation were lawful and the habeas corpus application failed. There was no breach of natural justice, counsel contact attempts were made, the children lacked standing, and parole or pending leave application did not render the detention unlawful.

    • Removal order
    • Detention pending deportation
    • Natural justice
    • Standing to apply for habeas corpus
    • Parole implications
    • Pending leave application