Habeas corpus

The purpose of this project was 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.

See also the Commission's later law reform review Further reform of habeas corpus.

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. 

Habeas Corpus: Procedure (NZLC R44, 1997)

The Commission's Report, Habeas Corpus: Procedure (NZLC R44, 1997).

Recommendations were implemented by the Habeas Corpus Act 2001.

See also the Commission’s later review of habeas corpus in 2007 to 2008.

There was no requirement for the Government to present a formal response to Commission reports before April 2009.

See Official Government response process | Department of the Prime Minister and Cabinet (DPMC).