Habeas corpus- act sought for N.Z.

Press, 17 April 1982, Page 23

Habeas corpus- act sought for N.Z.

Parliamentary reporter The Government should draft a single act firmly guaranteeing the writ of habeas corpus, the University Students’ Association has told a Parliamentary select committee. The committee was taking submissions on the Imperial Laws Application Bill, which seeks to repeal British laws in force in New Zealand regarded as obsolete or not wanted. The association argued that although the bill preserved the Habeas Corpus Acts of 1640, 1679, 1804, and 1816, the archaic nature of the language and circumstances described in the acts no longer guaranteed the writ. (The writ of habeas corpus requires a court to investigate the lawfulness of a person's restraint.) •This left individual liberty under common law jurisdiction, and that was subject to the “statutory dictates of Parliament." “The writ of habeas corpus can be thus easily repealed* amended, or derogated from the common law," the association said. The Public

Safety Conservation Act. particularly. had been used to suspend' individual liberties. To protect basic democratic rights, freedom of speech and assembly, the freedom of the press, and freedom from arbitrary or wrongful detention. ' the association suggested that the historic charters should not only be preserved in the bill, but doubly entrenched. It also sought double entrenchment of a special single act to replace the four habeas corpus acts, and its

writing up in modern language. The double entrenchment would prohibit repeal or amendment without approval by 75 per cent of the House, and a secret referendum of all voters on the general rolls. All legislation suspending individual liberties for any reason — such as the Public Safety Conservation Act — should be made subject to the entrenched charters, and new legislation passed by Parliament.