Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 

Huang v The Manager Of Custodial Services

HUANG v THE MANAGER OF CUSTODIAL SERVICES, AUCKLAND CENTRAL REMAND PRISON SC 39/2008 [10 July 2008]

IN THE SUPREME COURT OF NEW ZEALAND
SC 39/2008
[2008] NZSC 49

BETWEEN QIWEN HUANG
Applicant

AND THE MANAGER OF CUSTODIAL
SERVICES, AUCKLAND CENTRAL
REMAND PRISON
Respondent

Court: Elias CJ, Blanchard and Wilson JJ
Counsel: F C Deliu for Applicant
C Inglis and V Casey for Respondent
Judgment: 10 July 2008

JUDGMENT OF THE COURT

The application for leave to appeal is dismissed.

REASONS

[1] The applicant has made an urgent application for leave to appeal against a judgment of the Court of Appeal,{1} delivered yesterday, dismissing his appeal against the refusal of the High Court to issue a writ of habeas corpus. {2}

[2] That appeal arose out of an allegation of bias against a District Court Judge who granted an application under s 60 of the Immigration Act 1960 for a warrant of commitment of the applicant.

[3] Any issue which might possibly have arisen for consideration by this Court was overtaken when an application for an extension of that warrant was heard by a different District Court Judge yesterday. Section 60(4) imports into an application for extension the provisions of s 60(2) and (3), which govern an application for a warrant. The application for extension was therefore effectively a rehearing of the original application.

[4] If the applicant wishes to pursue a claim for interim or final relief, he should do so in his judicial review proceedings in the High Court.{3}

[5] The application for leave to appeal to this Court is dismissed.

Solicitors:
Equity Law, Auckland for Applicant
Crown Law, Wellington for Respondent

--

{1} [2008] NZCA 225.

{2} Huang v The Manager of Custodial Services, Auckland Central Remand Prison (High Court, Auckland, CIV 2008-404-004140, 7 July 2008, Venning J).


{3} CIV 2008-404-4139


See... Judgment (PDF)

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On DHB Deficits And Free Trade

Currently the world is looking on aghast at the Trump administration’s plans to slash Obamacare, mainly in order to finance massive tax changes that will deliver most of their gains to the wealthy. Lives will be lost in the trade-off. Millions of Americans stand to lose access to the healthcare they need.

Spot the difference with New Zealand, where DHBs are under intense pressure to reduce deficits within a climate of chronic underfunding. More>>

 
 

Greens' Response: Slum-Like Rentals Exposed In Renting Review

“...The grim findings of the review are a wakeup call about the true state of rentals in this country. Too many renters are festering in slum-like conditions under the thumb of landlords who have largely unchecked powers and ignore tenants’ complaints when it suits them.” More>>

ALSO:

Gordon Campbell: On The Life And Times Of Peter Dunne

The unkind might talk of sinking ships, others could be more reminded of a loaded revolver left on the desk by his Cabinet colleagues as they closed the door behind them, now that the polls in Ohariu had confirmed he was no longer of much use to National. More>>

ALSO:

Gordon Campbell: On Labour’s Campaign Launch

One of the key motifs of Ardern’s speech was her repeated use of the phrase – “Now, what?” Cleverly, that looks like being Labour’s response to National’s ‘steady as it goes’ warning against not putting the economic ‘gains’ at risk. More>>

ALSO:

Lyndon Hood: Social Welfare, Explained

Speaking as someone who has seen better times and nowadays mostly operates by being really annoying and humiliating to deal with, I have some fellow feeling with the current system, so I’ll take this chance to set a few things straight.. More>>

ALSO:

Deregistered: Independent Board Decision On Family First

The Board considers that Family First has a purpose to promote its own particular views about marriage and the traditional family that cannot be determined to be for the public benefit in a way previously accepted as charitable... More>>

ALSO:

Transport Policies: Nats' New $10.5bn Roads Of National Significance

National is committing to the next generation of Roads of National Significance, National Party Transport Spokesperson Simon Bridges says. More>>

ALSO:

 
 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

Featured InfoPages

Opening the Election