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Habeas Corpus Act 2001

Application for writ of habeas corpus

7: Manner of application for writ

You could also call this:

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

Illustration for Habeas Corpus Act 2001

If you want to apply for a writ of habeas corpus, you must make an application to the High Court in the way set out by the High Court Rules 2016. You can do this by following the rules that are already in place. The High Court can also hear an application and make an order without following the usual rules if it is an urgent matter.

If you make an application, the court will not ask you to pay a fee for filing any documents. The court's usual rules about sharing documents and paying costs do not apply when you are applying for a writ of habeas corpus. You do not have to worry about not being able to apply because you are not the right person to make the application.

The Senior Courts Act 2016 has some rules about how to make applications, but these rules do not apply when you are applying for a writ of habeas corpus. The court will deal with your application in a special way because it is a writ of habeas corpus. You should follow the rules that are set out for making this type of application.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM91781.

Topics:
Crime and justice > Courts and legal help
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7Manner of application for writ

  1. An application for a writ of habeas corpus must be made to the High Court by originating application in the manner provided by the High Court Rules 2016.

  2. Despite subsection (1), nothing in that subsection excludes the inherent jurisdiction of the High Court to hear and to make an order on an oral application at any time in circumstances of unusual urgency.

  3. Despite subsection (1), the provisions of any High Court Rule providing for directions by the court before the hearing, or affecting the hearing, of an originating application or empowering the court to convene a conference of the parties to an originating application do not apply to an application.

  4. No applicant may be disqualified for lack of capacity or standing.

  5. In a proceeding for a writ of habeas corpus—

  6. no party to the proceeding is entitled to general or special discovery of the documents of any other party to the proceeding or to an order for security for costs; and
    1. the High Court Rules concerning discovery and inspection of documents and security for costs do not apply.

      1. No fee is payable to the High Court for filing any document in respect of an application.

      2. Section 153 of the Senior Courts Act 2016 does not apply in respect of the form and manner of any application made under this Act.

      Notes
      • Section 7(1): amended, on , by section 183(c) of the Senior Courts Act 2016 (2016 No 48).
      • Section 7(7): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).