New Zealand Acts

HABEAS CORPUS ACT 2001 - SECT 14

14 Determination of applications

1 If the defendant fails to establish that the detention of the detained person is lawful, the High Court must grant as a matter of right a writ of habeas corpus ordering the release of the detained person from detention.

1A Despite subsection (1), the High Court may refuse an application for the issue of the writ, without requiring the defendant to establish that the detention of the detained person is lawful, if the court is satisfied that—

a) section 15(1) applies; or

b) an application for the issue of a writ of habeas corpus is not the appropriate procedure for considering the allegations made by the applicant.

2 A Judge dealing with an application must enquire into the matters of fact and law claimed to justify the detention and is not confined in that enquiry to the correction of jurisdictional errors; but this subsection does not entitle a Judge to call into question—

a) a conviction of an offence by a court of competent jurisdiction, the Court Martial of New Zealand established under section 8 of the Court Martial Act 2007 , or a disciplinary officer acting under Part 5 of the Armed Forces Discipline Act 1971 ; or

b) a ruling as to bail by a court of competent jurisdiction.

3 Subject to section 13(2) , a Judge must determine an application by—

a) refusing the application for the issue of the writ; or

b) issuing the writ ordering the release from detention of the detained person.

4 All matters relating to the costs of and incidental to an application are in the discretion of the court and the court may refuse costs to a successful party or order a successful party to pay costs to an unsuccessful party.

5 A writ of habeas corpus may be in the form set out in the Schedule .

History: Section 14(1A): inserted, on 30 March 2013 (applying in respect of an application made under this Act whether before, on, or after this date), by section 6(1) of the Habeas Corpus Amendment Act 2013 (2013 No 9).   Section 14(2)(a): substituted, on 1 July 2009, by section 87 of the Court Martial Act 2007 (2007 No 101).     Section 14(3): amended, on 30 March 2013 (applying in respect of an application made under this Act whether before, on, or after this date), by section 6(2) of the Habeas Corpus Amendment Act 2013 (2013 No 9).