New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Validity of arrest warrants

Legal area

Court

23 Apr 2020

VAISEVURAKI v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2020] NZHC 801

Citation

[2020] NZHC 801
Court

High Court

Although the initial warrant erroneously cited s34, s34A was an obvious and applicable statutory alternative and the defect was curable; critically, the applicant was lawfully detained on the date of hearing pursuant to recent facially valid District Court warrants, so the habeas corpus application was properly declined.
18 Oct 2018

DOTCOM v DISTRICT COURT AT NORTH SHORE [2018] NZCA 442

Citation

[2018] NZAR 1859
Court

Court of Appeal

The Court dismissed the appeal and upheld the strike‑out: seven of eight judicial review causes were either not reasonably arguable in light of this Court's conclusions on s131 as an extradition pathway or constituted an abuse of process because they amounted to collateral attacks or attempts to relitigate matters that were or could have been determined in earlier proceedings and appeals; strike‑out was therefore appropriate.