New Zealand Acts

HABEAS CORPUS ACT 2001 - SECT 16

16 Certain unsuccessful parties may appeal

1 The provisions of the Senior Courts Act 2016 relating to appeals to the Court of Appeal against decisions of the High Court in civil cases—

a) apply with respect to a determination refusing an application for the issue of a writ of habeas corpus; but

b) do not apply to a final determination that orders the release from detention of a detained person unless the substantive issue is the welfare of a person under the age of 16 years.

1A With the leave of the Supreme Court, a party to the proceeding in which the determination was made may appeal to the Supreme Court—

a) against a determination refusing an application for the issue of a writ of habeas corpus:

b) if the substantive issue is the welfare of a person under the age of 16 years, against a final determination that orders the release from detention of a detained person.

2 The court cannot order that security for costs be given by the appellant in an appeal against the refusal of an application where the respondent in the appeal is the Crown or a public officer or other person purporting to act on behalf of the Crown.

3 No fee is payable to the Court of Appeal or the Supreme Court for filing any document in respect of an appeal against the refusal of an application.

History: Section 16(1): amended, on 1 March 2017, by section 183(b) of the Senior Courts Act 2016 (2016 No 48).   Section 16(1A): inserted, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).     Section 16(3): amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).