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Habeas Corpus Act 2001

Determination of applications

15: Finality of determinations

You could also call this:

"A court's decision is final, unless you can appeal, and you can't be tried again for the same thing."

Illustration for Habeas Corpus Act 2001

If you make an application to the court and it is decided, that decision is final, except if you have the right to appeal under section 16 of this Act or under sections 68 to 71 of the Senior Courts Act 2016. You cannot make another application to the same or a different Judge about the same questions. If you are released from detention because of a writ of habeas corpus, you cannot be arrested or detained again for the same reasons, unless the reason you were released no longer applies or has been fixed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM91793.

Topics:
Crime and justice > Courts and legal help
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14A: Application for writ is civil proceeding under Courts (Remote Participation) Act 2010, or

"Asking for a writ of habeas corpus is a type of civil court case that can be done remotely"

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16: Certain unsuccessful parties may appeal, or

"You can appeal to a higher court if you lose a habeas corpus case"

15Finality of determinations

  1. Subject to the rights of appeal conferred by section 16 of this Act and to sections 68 to 71 of the Senior Courts Act 2016, the determination of an application is final and no further application can be made by any person either to the same or to a different Judge on grounds requiring a re-examination by the court of substantially the same questions as those considered by the court when the earlier application was refused.

  2. A person who has been released from detention in accordance with a writ of habeas corpus must not be re-arrested or detained again on substantially the same grounds as those considered by the court when the earlier release was ordered.

  3. Subsection (2) has no application if the ground on which the earlier release was ordered was a jurisdictional or procedural defect that has since been corrected or no longer applies.

Notes
  • Section 15(1): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).
  • Section 15(1): amended, on , by section 48(1) of the Supreme Court Act 2003 (2003 No 53).