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Habeas Corpus Act 2001

Application for writ of habeas corpus

8: Description of defendant by reference only to office

You could also call this:

"Describing someone in charge by their job title in a court application"

Illustration for Habeas Corpus Act 2001

When you are filling out an application for a writ of habeas corpus, you can describe the defendant by their job title only if they are in certain roles. You can do this if the defendant is the chief executive of the department responsible for the Corrections Act 2004, and the person is being held in a corrections prison. This also applies if the defendant is the Commissioner of Police and the person is being held in Police custody, except when the Police are using powers from the Immigration Act 2009.

You can also describe the defendant by their job title if they are the chief executive of the department responsible for the Immigration Act 2009, and the person is being held after the authorities used powers from that Act. The same applies if the defendant is the chief executive of the New Zealand Customs Service and the person is being held by Customs. There may be other job titles that you can use, as specified by rules made under section 20 of the Habeas Corpus Act 2001.

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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=DLM91782.

Topics:
Crime and justice > Courts and legal help
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8Description of defendant by reference only to office

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

  2. 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
    1. 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
      1. 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
        1. 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
          1. any other office holder prescribed by rules made in accordance with section 20, and in the circumstances prescribed in those rules.

            Notes
            • Section 8(a): replaced, on (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 , by section 406(1) of the Immigration Act 2009 (2009 No 51).
            • Section 8(c): substituted, at 2 am on , by section 406(1) of the Immigration Act 2009 (2009 No 51).
            • Section 8(d): amended, on , pursuant to section 294(3) of the Customs and Excise Act 1996 (1996 No 27).