Clarke v Chief Executive of the Department of Corrections

[2023] NZHC 2671

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CIV-2023-463-69

[2023] NZHC 2671

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

Counsel:

Applicant in person

C A Bourke for Respondent

Judgment:

25 September 2023

JUDGMENT OF LANG J

[on fourth application for writ of habeas corpus]

This judgment was delivered by Justice Lang On 25 September 2023 at 1.00 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 2671 [25

September 2023]

[1]Mr Clarke has now filed a fourth application seeking a writ of habeas corpus.

His earlier applications were dismissed by Tahana J,1 Brewer J2 and me.3

[2]        The present application asks a High Court Judge to “review the Tauranga District Court and Family Court files” to see whether a protection order has been validly issued.

[3]        The habeas corpus procedure is not available for this type of undertaking. As I made clear in the judgment I issued on 8 September 2023, Mr Clarke is currently subject to warrants remanding him in custody until 10 October 2023.4 It follows that his latest application for a writ of habeas corpus 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 Chief Executive of the Department of Corrections [2023] NZHC 2052.

2      Clarke v Chief Executive of the Department of Corrections [2023] NZHC 2153.

3      Clarke v Chief Executive of the Department of Corrections [2023] NZHC 2527.

4 At [7].