Habeas Corpus

Start date
04 June 1997
Status
Closed
Phone
04 473 3453
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Project Overview

The purpose of this project is to make the law and practice governing the remedy for unlawful detention known as habeas corpus clearer and more accessible, and to reform its procedures so as to increase its effectiveness in protecting the liberty of the individual.

Terms of Reference 

Purpose:

To make the law and practice governing the remedy for unlawful detention known as habeas corpus clearer and more accessible, and to reform its procedures so as to increase its effectiveness in protecting the liberty of the individual.

With this purpose in mind, the Law Commission is asked to examine:

(1) the Imperial statutes and New Zealand legislation (including rules of Court relating to habeas corpus with a view to their replacement by a comprehensive New Zealand statute,
(2) the law of habeas corpus (including appeals) with a view to removing defects and enhancing its effectiveness, and
(3) the relationship between habeas corpus and other judicial remedies for unlawful detention,

and to make recommendations accordingly.