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14 August 2025
N Roberts
[FYI request #31725 email]
Our ref: OIA 124080
Tēnā koe N Roberts
Official Information Act request: Update to the template for the writ of habeas corpus
Thank you for your email of 23 July 2025 to the Ministry of Justice (the Ministry), requesting
information under the Official Information Act 1982 (the Act), regarding the writ of habeas
corpus. Specifically, you asked:
Has the Ministry updated the template (contained within the schedule of the Habeas
Corpus Act 2001, directed by section 14(5) of that Act) for the writ of habeas corpus
following the passing of Her Majesty? If so, may the updated template be provided?
In response to your request, I can confirm that the writ of habeas corpus within the schedule
to the Habeas Corpus Act 2001 has not been updated following the passing of Her Majesty
Queen Elizabeth II.
I thank you for bringing this to our at ention. The Ministry has notified the Parliamentary
Counsel Of ice (the PCO) of the need for this update. The PCO has advised that this
legislative provision was accidentally missed during the review of statutes following the
passing of the former sovereign. The PCO has confirmed this matter is now on their list of
legislation to be updated.
Should you need to use the writ of habeas corpus in the meantime, PCO has indicated that it
would be expected that His Majesty King Charles III (the current sovereign's name) be
substituted where necessary.
Please note that this response, with your personal details removed, may be published on the
Ministry website at:
Of icial Information Act responses | New Zealand Ministry of Justice
If you are not satisfied with this response, you have the right to make a complaint to the
Ombudsman under section 28 of the Act. The Office of the Ombudsman may be contacted
by phone on: 0800 802 602, by email at: [email address], or via the
webform:
Make a complaint (for members of the public) | Ombudsman New Zealand
Nāku noa, nā
Anna Johnston
Acting General Manager, Civil & Constitutional, Policy Group