New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Warrant of detention

Legal area

Court

24 Jan 2022

FAULKNER v DISTRICT COURT AT TAURANGA [2022] NZHC 33

Citation

[2022] NZHC 33
Court

High Court

The signed District Court warrant authorised detention and, under s 37(2) Corrections Act 2004, authorisation to detain in a specified prison extends to detention in another prison; habeas corpus cannot be used to challenge convictions or bail decisions of a competent court; therefore the detention was lawful and the application for habeas corpus was dismissed.
11 Oct 2021

HYSLOP v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2021] NZHC 2719

Citation

[2021] NZHC 2719
Court

High Court

A District Court remand warrant issued 30 September 2021 provided a lawful basis for detention; the Department of Corrections lawfully detained the applicant pursuant to that warrant; allegations of mistreatment or administrative failings do not render the detention unlawful and should be pursued through complaints, the Ombudsman or other courts; habeas corpus is not the appropriate mechanism to contest the merits of the charge or upstream judicial decisions.