Jones v Skelton - [2007] 2 NZLR 178

Practice and procedure — Habeas corpus — Whether restricted to those currently in control of subject — Child custody dispute — Writ issued against person suspected of abducting child but no longer in control — Habeas Corpus Act 2001.

Practice and procedure — Habeas corpus — Appeal rights — Whether order of High Court final order — Whether dispute concerned welfare of person under 16 — Whether appeal available against issuing of writ — Habeas Corpus Act 2001, s 16(1)(a) and (b).

Practice and procedure — Habeas corpus — Natural justice — Expedition of hearing — No opportunity to cross-examine — Making of order requiring affidavits without notice to counsel — Whether breaches of natural justice causing miscarriage of justice.

Family and domestic relationships — Parent and child — Use of habeas corpus — Child subject to parenting order abducted — Writ of habeas corpus issued — Whether substantive issue concerned welfare of person under 16 — Habeas Corpus Act 2001, s 16(1)(a) and (b).

Criminal practice and procedure — Habeas corpus — Writ issued against person suspected of abducting child — Police participation in obtaining and serving writ — Police investigation on foot — Whether abuse of process.