Clarke v Chief Executive of the Department of Corrections

[2023] NZHC 2826

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CIV-2023-463-73

[2023] NZHC 2826

UNDER

the Habeas Corpus Act 2001

IN THE MATTER OF

an application for a writ of habeas corpus

BETWEEN

NEIL MARTIN CLARKE

Applicant

AND

THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS

Respondent

Hearing:

On the papers

Appearances:

Applicant in person

C A Bourke for Respondent

Judgment:

9 October 2023

JUDGMENT OF LANG J

[on fifth application for writ of habeas corpus]

This judgment was delivered by Justice Lang On 9 October 2023 at 3.00 pm

Pursuant to r 11.5 of the High Court Rules Registrar/Deputy Registrar

Date:…………………………

Solicitors/counsel:

Pollett Legal, Tauranga

Copy to:
Mr N M Clarke

CLARKE v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZHC 2826 [9

October 2023]

[1]    On 5 October 2023, Mr Clarke has filed a further application seeking a writ of habeas corpus. The application again seeks to challenge his remand in custody, seemingly on the ground that the protection order and/or police safety notice that underpin his conviction were wrongly made.

[2]    As I made clear in the judgment that I issued on 25 September 2023, Mr Clarke remains validly remanded in custody under a warrant that requires him to be brought before the District Court on 10 October 2023.1

[3]    It follows that the present application is an abuse of the Court’s process. It is dismissed under s 15(1) of the Habeas Corpus Act 2001.

Lang J

1      Clarke v The Chief Executive of the Department of Corrections [2023] NZHC 2671 at [3].