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Habeas Corpus Act 2001

Appeals by certain unsuccessful parties

16: Certain unsuccessful parties may appeal

You could also call this:

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

Illustration for Habeas Corpus Act 2001

If you are not successful in a case about a writ of habeas corpus, you might be able to appeal to a higher court. The rules for appealing to the Court of Appeal are similar to the rules for civil cases, as stated in the Senior Courts Act 2016. You can appeal if the court refuses your application for a writ of habeas corpus.

You can also appeal to the Supreme Court if the court's decision is about the welfare of someone under 16 years old, or if the court refuses your application for a writ of habeas corpus, but you need to get the Supreme Court's permission first. If you are appealing against the Crown or a public officer, you do not have to pay security for costs.

If you appeal to the Court of Appeal or the Supreme Court, you do not have to pay a fee for filing documents about your appeal if it is about the refusal of an application for a writ of habeas corpus.

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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=DLM91796.

Topics:
Crime and justice > Courts and legal help
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"A court's decision is final, unless you can appeal, and you can't be tried again for the same thing."

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16Certain unsuccessful parties may appeal

  1. The provisions of the Senior Courts Act 2016 relating to appeals to the Court of Appeal against decisions of the High Court in civil cases—

  2. apply with respect to a determination refusing an application for the issue of a writ of habeas corpus; but
    1. do not apply to a final determination that orders the release from detention of a detained person unless the substantive issue is the welfare of a person under the age of 16 years.

      1. With the leave of the Supreme Court, a party to the proceeding in which the determination was made may appeal to the Supreme Court—

      2. against a determination refusing an application for the issue of a writ of habeas corpus:
        1. if the substantive issue is the welfare of a person under the age of 16 years, against a final determination that orders the release from detention of a detained person.

          1. The court cannot order that security for costs be given by the appellant in an appeal against the refusal of an application where the respondent in the appeal is the Crown or a public officer or other person purporting to act on behalf of the Crown.

          2. No fee is payable to the Court of Appeal or the Supreme Court for filing any document in respect of an appeal against the refusal of an application.

          Notes
          • Section 16(1): amended, on , by section 183(b) of the Senior Courts Act 2016 (2016 No 48).
          • Section 16(1A): inserted, on , by section 48(1) of the Supreme Court Act 2003 (2003 No 53).
          • Section 16(3): amended, on , by section 48(1) of the Supreme Court Act 2003 (2003 No 53).