9 Oct 2006
HINES V THE MANAGER OF CUSTODIAL SERVICES, AUCKLAND PRISON HC AK CIV 2006-404-6060
- Citation
- openlaw-bd0d761a_a73e_4f15_a404_080d37bcb5b7.pdf
- Court
- High Court
Habeas corpus will not lie to challenge a change in security classification or conditions of detention where the lawfulness of detention under the warrant is not disputed; the applicant must use the statutory reconsideration under Corrections Act s48 and, if necessary, seek judicial review; accordingly the habeas corpus application is dismissed and will not be treated as judicial review given the respondent has initiated reconsideration.