Vincent Ross Siemer v The Chief Executive of the Department of Corrections

[2010] NZSC 83

IN THE SUPREME COURT OF NEW ZEALAND

SC 67/2010
[2010] NZSC 83

BETWEENVINCENT ROSS SIEMER

Applicant

ANDTHE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS

Respondent

Court:Elias CJ, Blanchard and McGrath JJ

Counsel:F C Deliu for Applicant

A M Powell for Respondent

Judgment:16 July 2010 

JUDGMENT OF THE COURT

The application for leave to appeal is dismissed.

REASONS

[1]        As the respondent submits, and as the lower courts have pointed out to the applicant, the application for habeas corpus is entirely misconceived.  The applicant cannot by this means question the judgment of this Court, on final appeal, which found that he was in contempt and ordered his committal, but on conditions fulfilment of which would lead to his release.

[2]        It appears that the applicant has belatedly appreciated that, if he believes those conditions are met, his appropriate course is to apply to the High Court, as he now appears to have done.  It will be for that Court to determine whether the applicant has established that he can now be released in terms of this Court's order.  The basis on which that order was made cannot, however, be the subject of legal challenge by Mr Siemer.

[3]        We make no order for costs

Solicitors:

Equity Law, Auckland for Applicant

Crown Law Office, Wellington