Zaoui v Attorney-General - [2005] 1 NZLR 577

Practice and procedure — Inherent jurisdiction — Bail — Whether bail confined to detention on criminal charges — Whether bail only available in matters already before the Court.

Immigration — Procedure — Whether bail precluded under security risk certificate procedure — Immigration Act 1987, Part 4A.

Administrative law — Delegated legislation — Prescribed forms — Statute permitting detention in penal institutions and other premises — Prescribed form allowing only for detention in penal institution — Whether form ultra vires — Whether form able to be read in conformity with statute — Whether power capable of being exercised from time to time — Immigration Act 1987, s 114O.

Administrative law — Ministerial decision — Whether power capable of being exercised from time to time — Immigration Act 1987, s 114O.

Judicial review — Habeas corpus — Whether release on bail possible — Whether available in Immigration Act procedures — Habeas Corpus Act 2001.

Constitutional law — New Zealand Bill of Rights Act 1990 — Arbitrary detention — Cruel and degrading treatment — Detention under security risk certificate — Whether and when detention could become arbitrary — New Zealand Bill of Rights Act 1990, ss 5, 6 and 9.