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Habeas Corpus Act 2001

Application for writ of habeas corpus

10: Urgency where no resident Judge available

You could also call this:

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

Illustration for Habeas Corpus Act 2001

If you make an application to the High Court in a place where no Judge is available, the Registrar must make sure it is dealt with quickly. They must do this within the time limit mentioned in section 9(3). The Registrar can ask for help from other staff at the Ministry of Justice. You can expect the Registrar to find out where and how the application can be dealt with quickly. They will send the application to the right place without delay and tell all parties what they have done. This rule is used instead of some rules in the High Court Rules 2016 about transferring applications when a Judge is not available.

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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=DLM91785.

Topics:
Crime and justice > Courts and legal help
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10Urgency where no resident Judge available

  1. If an application is filed at a Registry of the High Court in a place where no Judge is at that time available, the Registrar must ensure that the application is dealt with in some other place within the time limit referred to in section 9(3); and any other Registrar or employee of the Ministry of Justice whose assistance is sought by the Registrar in whose Registry the application is filed has a corresponding obligation.

  2. If subsection (1) applies, the Registrar must—

  3. make such urgent enquiries as are necessary to determine where and by whom the application can most conveniently and expeditiously be dealt with; and
    1. forward the application and any other relevant documents without delay to the Registrar at the place where the application is to be dealt with; and
      1. without delay, inform every party to the proceeding of the action taken under this section.

        1. This section applies in substitution for any provision of the High Court Rules 2016 relating to the transfer of notices of application filed at a time when a Judge is not present.

        Notes
        • Section 10(1): amended, on , pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).
        • Section 10(3): amended, on , by section 183(c) of the Senior Courts Act 2016 (2016 No 48).