Habeas Corpus Act 2001

Determination of applications

11: Interim orders for release from detention

You could also call this:

"A court can temporarily release you from detention until it makes a final decision about your case."

If you are being held in detention, the High Court can make a temporary order to release you until your application is finally decided. The court can also add conditions to this order that it thinks are suitable for your situation. You might have to follow certain rules while you are released.

If you are charged with an offence that is covered by the Bail Act 2000, the court will not make a temporary order to release you if it thinks you would not be granted bail under that Act. This means the court will consider whether you would be allowed out on bail before making a decision.

If you are released from detention under a temporary order, the court can later change or cancel this order, or add, remove or change any conditions that were attached to it. The court can do this on its own initiative, or if you or another party to the proceeding asks it to.

If you are released from detention under a temporary order, but you were originally being held in custody because you were convicted of a crime, the time you spend released does not count towards your sentence. However, this only applies if the court ultimately decides not to grant you the writ of habeas corpus.

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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=DLM91787.

Topics:

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10: Urgency where no resident Judge available, or

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

12: Power of arrest of absconder etc, or

"Police can arrest you without a warrant if you break release conditions or try to run away"

11Interim orders for release from detention

The High Court may make an interim order for the release from detention of the detained person pending final determination of the application, and may attach any conditions to the order that the court thinks appropriate to the circumstances.
In the case of a detained person who is charged with an offence to which the Bail Act 2000 applies, the court must not make an order under this section if the court is of the opinion that bail would not be granted to that person under that Act.
If a person has been released from detention under an interim order, the court may, on the application of the person released or any party to the proceeding or on the court's own initiative, make an order—
revoking the interim order; or
varying or revoking any condition of the interim order or substituting or imposing any other condition.

If a detained person who is in custody under a conviction is released under an interim order, the time during which the person is released does not count as part of any term of detention under the person's sentence if on a final determination of the application the writ of habeas corpus is refused.