Jones v Skelton - [2007] 2 NZLR 192

Family and domestic relationships — Parent and child — Whether evidence child abducted by maternal grandfather — Application for writ of habeas corpus by child’s father against mother and members of mother’s family — Whether defendants had knowledge of child’s whereabouts — Whether any justification for detention of child — New Zealand Bill of Rights Act 1990, s 22.

Practice and procedure — Habeas corpus — Whether evidence child abducted by maternal grandfather — Application for writ of habeas corpus by child’s father against mother and members of mother’s family — Whether defendants had knowledge of child’s whereabouts — Whether any justification for detention of child — New Zealand Bill of Rights Act 1990, s 22.

Practice and procedure — Appeals — Appeal against order for habeas corpus — Whether orders of High Court for habeas corpus final or interim — Whether Court had jurisdiction to hear and determine appeal — Proper approach to evidential base for decision — Scope of habeas corpus and related procedures — Crimes Act 1961, s 66.

Practice and procedure — Habeas corpus — Appeal against order for habeas corpus — Whether orders of High Court for habeas corpus final or interim — Whether Court had jurisdiction to hear and determine appeal — Whether rights to natural justice infringed due to summary nature of habeas corpus procedure — Proper approach to evidential base for decision — Scope of habeas corpus and related procedures — Appellant’s right to protection against self-incrimination — Crimes Act 1961, s 66.