Status: Completed
Project overview
In 1997 the Law Commission recommended a simplified procedure for dealing with habeas corpus applications. Habeas Corpus: Procedure (NZLC R44, 1997). The Law Commission’s recommendations were implemented by the Habeas Corpus Act 2001.
Experience with the Act since it came into force suggested it had largely achieved its objective of providing an effective procedure for dealing with habeas corpus applications. However, some practical problems had emerged and the Minister invited the Commission to look at whether minor changes needed to be made to procedural aspects of the legislation.
Status: Completed
Study Paper
Further Reform of Habeas Corpus Procedure (NZLC SP18, 2007)
The Commission's Study Paper, Further Reform of Habeas Corpus Procedure (NZLC SP18, 2007).
Status: Completed
Report
Habeas Corpus Refining the Procedure (NZLC R100, 2008)
In 1997 the Law Commission recommended a simplified procedure for dealing with habeas corpus applications. The Law Commission's recommendations were implemented by the Habeas Corpus Act 2001. While the new procedure has generally worked well, some practical problems emerged. The Minister of Justice invited the Law Commission to make recommendations to address those problems. The Commission published a draft study paper in September 2007 and invited public submissions. The Commission's Report, Habeas Corpuse Refining the Procedure (NZLC R100, 2008), makes recommendations for some refinements to the procedure in light of those submissions.
Status: Completed
Government response
In response to the Commission’s recommendations, a private member's Habeas Corpus Amendment Bill was introduced in 2012 but did not progress.
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).