Habeas Corpus Act 2001

Miscellaneous provisions

Schedule : Writ of habeas corpus

You could also call this:

"A document that orders someone to be released from jail or custody immediately"

The Writ of habeas corpus is a document that tells someone to release a person from custody. You can think of custody like being in jail or being held by someone. The document is like a command from the King of New Zealand, and it says that the person being held must be released right away.

The document is addressed to the person who is holding the detained person, and it tells them to discharge and release that person immediately. It also warns them that if they do not comply with the writ, they might be sent to prison for not following the court's order.

The writ is signed by a Judge of the High Court of New Zealand, and it is witnessed by a Registrar. If you are given this document, you must follow its instructions, or you might face consequences, as stated in the document, which is empowered by s 14(5).

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This page was last updated on 29 September 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM92210.

Topics:

Crime and justice > Courts and legal help

22: Repeals and amendments, or

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

Writ of habeas corpus Empowered by s 14(5)

Charles the Third, by the Grace of God King of New Zealand and His Other Realms and Territories, Head of the Commonwealth, Defender of the Faith:

To: [name, place of residence, and occupation of the defendant, or other person in whose custody the detained person is alleged to be detained]

We command you immediately to discharge and release from custody and detention [full name] (who may be called by another name).

Witness the Judge of the High Court of New Zealand this day of 20


(Deputy) Registrar

Take notice that if you wilfully fail to comply with this writ of habeas corpus the High Court will be moved as soon as counsel can be heard for an order committing you to prison for your contempt.

Notes

Schedule: editorial change made by the PCO, on 22 September 2025, under sections 86(1) and 87(d) of the Legislation Act 2019 (2019 No 58).
Schedule: amended, on 30 March 2013 (applying in respect of an application made under this Act whether before, on, or after this date), by section 10 of the Habeas Corpus Amendment Act 2013 (2013 No 9).