Van Wakeren v Chief Executive of the Department of Corrections

[2016] NZHC 2904

IN THE HIGH COURT OF NEW ZEALAND

AUCKLAND REGISTRY

CIV-2016-404-3035

[2016] NZHC 2904

BETWEEN

RONALD VAN WAKEREN

Applicant

AND

THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS

Respondent

Hearing:	1 December 2016
Appearances:	Applicant in person (via AVL) A F Todd for the Respondent
Judgment:	1 December 2016

JUDGMENT OF WOODHOUSE J

Solicitors:

Applicant, C/o Mt Eden Correctional Facility, Auckland

VAN WAKEREN v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2016] NZHC

2904 [1 December 2016]

Ms A F Todd, Crown Law, Wellington

[1]    Mr van Wakeren, by application received by the Court yesterday, has applied for a writ of habeas corpus. This followed his arrest and detention in prison on an interim order for recall under s 62 of the Parole Act 2002.

[2]    Having heard submissions from Mr van Wakeren, and from Ms Todd, for the defendant, it was necessary to adjourn the hearing, at Mr van Wakeren’s request, to read his written submissions which he had sent by email from prison but which I had not had an opportunity to read.

[3]    I have now read those submissions. Taking account of all submissions, and other documents filed, I am satisfied that the application must be dismissed.

[4]    I had hoped to provide my reasons in writing before the end of today, but that may not be possible. My reasons will follow without delay.

Woodhouse J