Habeas Corpus Act 2001

Application for writ of habeas corpus

9: Urgency

You could also call this:

"The court must deal with your application quickly and make it a priority."

When you apply for a writ of habeas corpus, the High Court must deal with it before other matters, unless a Judge thinks there's a good reason to do something else. You can find more information about the High Court and its processes on the Ministry of Justice website, but for this application, the court must give it priority. The court must also schedule a hearing within three working days of receiving your application.

The Judges and staff at the court, including those from the Ministry of Justice, must make sure your application is dealt with quickly. They must treat it as urgent and make decisions about it as soon as possible.

The Registrar is responsible for scheduling the hearing, and they must choose a date that is no more than three working days after you file your application.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on 29 September 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM91784.

Topics:

Crime and justice > Courts and legal help

8: Description of defendant by reference only to office, or

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

10: Urgency where no resident Judge available, or

"What happens when you need a court decision urgently but no Judge is available"

9Urgency

An application for a writ of habeas corpus must be given precedence over all other matters before the High Court unless a Judge of that court considers that the circumstances require otherwise.
Judges and employees of the Ministry of Justice must ensure that every application, including any interlocutory application, is disposed of as a matter of priority and urgency.
The Registrar must allocate a date for the inter partes hearing of an application that is no later than 3 working days after the date on which the application is filed.

Notes

Section 9(1): amended, on 30 March 2013 (applying in respect of an application made under this Act whether before, on, or after this date), by section 5 of the Habeas Corpus Amendment Act 2013 (2013 No 9).
Section 9(1): amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).