New Zealand Acts

HABEAS CORPUS ACT 2001 - SECT 8

8 Description of defendant by reference only to office

A defendant may be described in an application by reference only to the defendant's office if the defendant is—

a) the chief executive of the department for the time being responsible for the administration of the Corrections Act 2004 , if the detained person is alleged to be illegally detained in a corrections prison; or

b) the Commissioner of Police, if the detained person is alleged to be illegally detained in Police custody except following the exercise of powers under the Immigration Act 2009 ; or

c) the chief executive of the department of State that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Immigration Act 2009 , if the detained person is alleged to be illegally detained in custody following the exercise of powers under that Act; or

d) the chief executive of the New Zealand Customs Service, if the detained person is alleged to be illegally detained in the custody of the New Zealand Customs Service; or

e) any other office holder prescribed by rules made in accordance with section 20 , and in the circumstances prescribed in those rules.

History: Section 8(a): replaced, on 30 March 2013 (applying in respect of an application made under this Act whether before, on, or after this date), by section 4 of the Habeas Corpus Amendment Act 2013 (2013 No 9).   Section 8(b): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).     Section 8(c): substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).     Section 8(d): amended, on 26 May 2001, pursuant to section 294(3) of the Customs and Excise Act 1996 (1996 No 27).