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)