T (CA230/06) v Jones CA230/06

The Court of Appeal of New Zealand dismissed an appeal brought by T, who had been ordered by the High Court to produce a six-year-old boy, Jayden Headley, who had been abducted, or to make an affidavit recounting her knowledge of that matter. The appeal concerned the jurisdiction of the Court of Appeal to hear appeals from decisions under the summary procedure of the Habeas Corpus Act 2001 and the role of the High Court in dealing with habeas corpus. The central issue was the tension between Jayden’s right to the protection of the law and the appellant’s right not to incriminate herself, both of which are aspects of constitutional rights recognised by the common law and echoed by provisions of the New Zealand Bill of Rights Act 1990. The Court found that the appeal was not within the jurisdiction of the Court of Appeal and was dismissed. The Court also considered the proper approach to the evidential base for decisions in habeas corpus cases, the scope of habeas corpus and related procedures, and the protection against self-incrimination. The Court held that the High Court’s order for the appellant to make an affidavit was lawful, and the public interest in protecting personal integrity and finding and protecting Jayden outweighed the appellant’s right against self-incrimination. The Court declined to recall or amend its judgment that the appeal must be and was dismissed and that the protection of additional orders should be added.