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Habeas Corpus Act 2001

Appeals by certain unsuccessful parties

17: Urgency in hearing appeals

You could also call this:

"Appeals are heard quickly if they are very important"

Illustration for Habeas Corpus Act 2001

When you appeal under the Habeas Corpus Act, the court must hear your case before other cases, unless they think there's a good reason not to. The Court of Appeal and the Supreme Court must give priority to certain appeals, including appeals against decisions made by the Court of Appeal under this Act, or appeals under section 16(1A). You can expect judges and court staff to do their best to deal with your appeal quickly and urgently.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM91799.

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Crime and justice > Courts and legal help
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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"

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"Some old court orders are no longer used, except for one important one."

17Urgency in hearing appeals

  1. An appeal under this Act must be given precedence over all other matters before the Court of Appeal unless that court or a Judge of that court considers that the circumstances require otherwise.

  2. The following must be given precedence over all other matters before the Supreme Court unless that court or a Judge of that court considers that the circumstances require otherwise:

  3. an application for leave to appeal against a decision of the Court of Appeal on an appeal under this Act:
    1. an application for leave to appeal under paragraph (a) or paragraph (b) of section 16(1A):
      1. an appeal against a decision of the Court of Appeal on an appeal under this Act:
        1. an appeal under paragraph (a) or paragraph (b) of section 16(1A).

          1. Judges of the Court of Appeal or the Supreme Court, and employees of the Ministry of Justice, must use their best endeavours to ensure that every appeal under this Act or paragraph (a) or paragraph (b) of section 16(1A) is disposed of as a matter of priority and urgency.

          Notes
          • Section 17(1): amended, on (applying in respect of an application made under this Act whether before, on, or after this date), by section 8(1) of the Habeas Corpus Amendment Act 2013 (2013 No 9).
          • Section 17(1A): inserted, on , by section 48(1) of the Supreme Court Act 2003 (2003 No 53).
          • Section 17(1A): amended, on (applying in respect of an application made under this Act whether before, on, or after this date), by section 8(2) of the Habeas Corpus Amendment Act 2013 (2013 No 9).
          • Section 17(2): substituted, on , by section 48(1) of the Supreme Court Act 2003 (2003 No 53).