Habeas Corpus Act 2001

Miscellaneous provisions

19: Application of Contempt of Court Act 2019

You could also call this:

"What happens if you disobey a court order or interfere with a court case"

Illustration for Habeas Corpus Act 2001

If you stop a court case from being finished quickly, some parts of the Contempt of Court Act 2019 apply to you. You can be in trouble if you do not follow the rules of a court order. The court can use these rules to deal with you.

If you are released from detention with conditions and you do not follow them, some parts of the Contempt of Court Act 2019 apply to you. You can also be in trouble if you stop someone from being released from detention when a court has ordered it. The court can use these rules to deal with you.

If you know someone has asked the court to release a person from detention and you try to take that person away, some parts of the Contempt of Court Act 2019 apply to you. The court can use these rules to deal with you as if you had disobeyed a court order. You have to follow the rules of the court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM92204.


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18: Abolition of certain writs, or

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


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20: Rules, or

"Guidelines for courts to follow the Habeas Corpus Act 2001"

19Application of Contempt of Court Act 2019

  1. Subpart 2 of Part 2 and sections 25 and 26(1) and (2) of the Contempt of Court Act 2019 apply with the necessary modifications to a person who wilfully hinders the prompt disposal of an application.

  2. Subpart 4 of Part 2 and sections 25 and 26(1) and (2) of the Contempt of Court Act 2019 apply with the necessary modifications to a person who,—

  3. having been released under an interim order made under section 11, fails to comply with a condition attached to the order; or
    1. wilfully fails to comply with a writ of habeas corpus ordering the release from detention of a person.
      1. Subpart 4 of Part 2 and sections 25 and 26(1) and (2) of the Contempt of Court Act 2019 apply, as if the application were a court order, to a person who is aware that an application has been made to the High Court seeking the release from detention of a person and removes or attempts to remove that person from the jurisdiction of the court.

      Notes
      • Section 19: replaced, on , by section 29 of the Contempt of Court Act 2019 (2019 No 44).