High Court Wellington
26 June 2000
McGechan J
26 June 2000
McGechan J
Judicial review — Habeas corpus — Whether application for habeas corpus appropriate for judicial review of discretionary decisions.
Practice and procedure — Habeas corpus — Applicability of RSC O 54, r 4 — Judicature Act 1908, s 54C.
Constitutional law — New Zealand Bill of Rights Act 1990 — Just cause for detention — Applicability of Bill of Rights Act to military detention — Appropriate order of Court to balance requirements of military discipline and applicant's rights — New Zealand Bill of Rights Act 1990, s 24(b).
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