Habeas Corpus Act 2001

Application for writ of habeas corpus

6: Application for writ of habeas corpus to challenge legality of detention

You could also call this:

"Challenging unfair detention: asking a court to check if someone is being held lawfully"

Illustration for Habeas Corpus Act 2001

If you think someone is being held unfairly, you can apply for a writ of habeas corpus to challenge the legality of their detention. This is a way to ask the court to check if the person is being held lawfully. You make this application to see if the detention is legal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM91780.


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5: Purposes, or

"What the Habeas Corpus Act 2001 is trying to achieve to keep you safe and free."


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7: Manner of application for writ, or

"How to apply for a writ of habeas corpus to the High Court"

6Application for writ of habeas corpus to challenge legality of detention

  1. An application to challenge the legality of a person's detention may be made by an application for a writ of habeas corpus.