Greer v The Prison Manager

[2014] NZHC 307

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2014-485-2448 [2014] NZHC 307

IN THE MATTER OF       an application for a writ of habeas corpus

BETWEEN  ALAN GREER Applicant

ANDTHE PRISON MANAGER First Respondent

THE VISITING JUSTICE Second Respondent

On the papers

Judgment:                27 February 2014

JUDGMENT OF CLIFFORD J

[1]      On Wednesday, 26 February 2014, the applicant Mr Greer filed an application for a writ of habeas corpus.   Mr Greer is currently in custody in Rimutaka prison awaiting trial in the High Court on two charges of supplying methamphetamine; rape; presenting a firearm; two charges of threatening to kill; two charges of possession of an offensive weapon; and aggravated burglary.

[2]      Mr Greer’s  application  is  a  response  to  his  having  been  subject  on

18 February 2014 to internal disciplinary proceedings in the prison: Mr Greer was sentenced by a visiting Justice to a sentence of five days cell confinement.  Mr Greer states in his application:

Cell confinement is deemed to be a imprisonment within a imprisonment such is unlawfully and unfairly imposed.

The applicant requests the court direct a writ of habeas corpus.

GREER v THE PRISON MANAGER & ANOR [2014] NZHC 307 [27 February 2014]

[3]      In  Bennett  v  Superintendent  of  Rimutaka  Prison1   the  Court  of  Appeal extensively considered the scope of the writ of habeas corpus and held that the writ was only to be used where it was sought to release someone entirely from unlawful custody.

[4]      It therefore follows that Mr Greer’s application for the writ was misplaced, and is declined.

“Clifford J”

Copy to: Alan Greer

1      Bennett v Superintendent of Rimutaka Prison [2002] 1 NZLR 616 (CA).