New Zealand Acts

HABEAS CORPUS ACT 2001 - SECT 15

15 Finality of determinations

1 Subject to the rights of appeal conferred by section 16 of this Act and to sections 68 to 71 of the Senior Courts Act 2016, the determination of an application is final and no further application can be made by any person either to the same or to a different Judge on grounds requiring a re-examination by the court of substantially the same questions as those considered by the court when the earlier application was refused.

2 A person who has been released from detention in accordance with a writ of habeas corpus must not be re-arrested or detained again on substantially the same grounds as those considered by the court when the earlier release was ordered.

3 Subsection (2) has no application if the ground on which the earlier release was ordered was a jurisdictional or procedural defect that has since been corrected or no longer applies.

History: Section 15(1): amended, on 1 March 2017, by section 183(b) of the Senior Courts Act 2016 (2016 No 48).   Section 15(1): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).