Habeas Corpus Act 2001

Introduction

You could also call this:

"Protecting Your Freedom and Keeping You Safe"

Illustration for Habeas Corpus Act 2001

The purposes of this Act are to help keep you safe and free. This Act wants to make sure that if you are being held unfairly, you can get help from the High Court. The High Court can give you a special order called a writ of habeas corpus to help you.

This Act also wants to make it easier for people to get their freedom back if they are being held unfairly. It does this by creating a clear process for applying to the High Court for a writ of habeas corpus. The High Court will then make a decision quickly.

If someone is not happy with the decision made by the High Court, this Act gives them the right to appeal to the Court of Appeal. This means they can ask the Court of Appeal to look at the decision again. The Act also gets rid of some old types of writs of habeas corpus, except for one called the writ of habeas corpus ad subjiciendum.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM91754.


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1: Title, or

"The name of this law is the Habeas Corpus Act 2001."

Habeas Corpus Act 2001

Reprint as at:
2020-08-26
Assent:
2001-05-25
Commencement:
see section 2

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.