Boult v Chief Executive of the Department of Corrections

[2017] NZHC 2900

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2017-485-000977

CIV-2017-404-002768 [2017] NZHC 2900

BETWEEN

KYLE GRAEME BOULT

Applicant

AND

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS Respondent

Hearing:	23 November 2017
Counsel:	Applicant in person M J McKillop for Respondent
Judgment:	23 November 2017

JUDGMENT OF COLLINS J

[1]      Mr Boult brings an application for habeas corpus under the Habeas Corpus Act 2001.  He has done so on the basis of advice that is plainly wrong.  Mr Boult is currently in custody as a remand prisoner, having been charged with assaulting a prison officer.  That charge was brought under s 10 of the Summary Offences Act

1981.

[2]      The charge against Mr Boult is to be called in the Whanganui District Court on 28 November 2017.  Mr Boult is entitled to apply for bail when his case is called in the District Court on 28 November 2017.

[3]      The information before me demonstrates that Mr Boult is lawfully detained in prison by an order remanding him in custody under s 168(4) of the Criminal Procedure Act 2011.  Therefore, the application under the Habeas Corpus Act has to

be dismissed.

BOULT v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZHC 2900 [23

November 2017]

D B Collins J

Solicitors:

Crown Law Office, Wellington for Respondent