Habeas Corpus Act 2001

Miscellaneous provisions

21: Supplementary procedure

You could also call this:

"What to do when the law doesn't cover something: following extra rules to make a fair decision."

Illustration for Habeas Corpus Act 2001

If you are dealing with an application under the Habeas Corpus Act 2001 and something comes up that the Act does not cover, the High Court will handle it in a way that is as close as possible to what the Act says. The Court will also follow the High Court Rules 2016, as long as those rules do not contradict the Habeas Corpus Act 2001. You can find the High Court Rules 2016 at the High Court Rules 2016 link. The Court's decision will be based on what is consistent with the Act and the High Court Rules 2016. This means the Court will try to make a decision that fits with the rest of the Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM92208.


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20: Rules, or

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


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22: Repeals and amendments, or

"Changes to other laws that are part of the Habeas Corpus Act 2001"

21Supplementary procedure

  1. If a matter arises in relation to an application for which this Act does not provide, the High Court must dispose of it as nearly as is practicable in a manner consistent with this Act, and to the extent that they are not inconsistent with this Act, in accordance with the High Court Rules 2016.

Notes
  • Section 21: amended, on , by section 183(c) of the Senior Courts Act 2016 (2016 No 48).