Announcement

Collapse
No announcement yet.

Judge's appointment wrong says Labour

Collapse
X
Collapse
  •  

  • Judge's appointment wrong says Labour


    The appointment of former Conservation Minister Hon Kate Wilkinson as an Environment Commissioner is wrong in principle, says Labour’s Shadow Attorney-General David Parker.

    “The doctrine of separation of powers requires judicial processes to remain separate and independent from the legislature for important reasons. Citizens need confidence that the law will be, and will appear to be, applied impartially.

    “Kate Wilkinson left Parliament less than a year ago. While it is theoretically possible for someone to leave politics and pursue another career that leads to a judicial role, this appointment comes far too soon for there to be clear air between the two roles.“This appointment undermines the separation of powers and undermines the reputation of our independent judiciary. This is all the more so when Hon Wilkinson was a Minister in the ruling government last term.
    “Hon Wilkinson was, amongst other roles, Minister of Conservation.

    As was her right, she advocated for greater commercial use of the conservation estate, oversaw the continuing decline in the advocacy functions of the Department of Conservation and was part of a government that criticised the environmental protections and processes under the Resource Management Act.

    “Hon Wilkinson will be hearing cases where the Crown is itself a party. Those cases will also be considering changes to the RMA her Government made.“Hon Chris Finlayson consults me in respect of judicial appointments to the High Court, Court of Appeal, and Supreme Court. While the same convention does not apply to District Court appointments, I am surprised by this appointment.

    “While I accept Hon Wilkinson is a person of integrity, this appointment is wrong in principle and undermines the reputation of our Courts and judicial system,” says David Parker.


    Attached Files

    • golfa
      #1
      golfa commented
      Editing a comment
      I'd like to Correct David Parker ..... "The doctrine of separation of powers" is only a perception.

    • Q. C.
      #2
      Q. C. commented
      Editing a comment
      Originally posted by golfa
      I'd like to Correct David Parker ..... "The doctrine of separation of powers" is only a perception.
      David Parker is referring to what should be the underlying relationship between Parliament and the judiciary - comity. This principle is summarised by Lord Simon of Glaisdale in 1974:
      "It is well known that in the past there have been dangerous strains between the law courts and Parliament—dangerous because each institution has its own particular role to play in our constitution, and because collision between the two institutions is likely to impair their power to vouchsafe those constitutional rights for which citizens depend on them. So for many years Parliament and the courts have each been astute to respect the sphere of action and the privileges of the other".

      Comity in NZ is the "collision" variety - The Courts do not hold Government officials, departments or executives to account in many serious cases in response to Parliament enacting the Judicial Conduct Commissioner...Act which allows the Commissioner to block any serious complaint about a judge's conduct.

      A cosy relationship to NZ citizens detriment.
      Last edited by Q. C.; 14-06-2015, 04:47 PM.
    Posting comments is disabled.

Latest Articles

Collapse

  • Judge Goddard refuses to answer MPs' questions
    by admin
    The former New Zealand judge who headed a UK inquiry into child sexual abuse has said she will not appear before British MPs to answer questions about her time in charge. Dame Lowell Goddard said for her to be summoned would compromise the inquiry's "independence and integrity". She also hit out at "malicious, defamatory attacks" by the British media and said she was disappointed the government had not defended her. British MPs have asked the former head of the child sex abuse inquiry to expl...
    11-11-2016, 11:47 AM
  • Judge Lowell Goddard's epic fail
    by admin
    Dame Lowell Goddard, the New Zealand judge who resigned last week as chair of the £100 million (N$183.5m) Independent Inquiry into Child Sexual Abuse (IICSA), did not leave her post voluntarily but was effectively fired. Dame Lowell, appointed by then-Home Secretary Theresa May just over a year ago, had already lost the confidence of senior staff and members of the inquiry panel, according to two well-placed legal sources. The Home Office has denied she was sacked, according to reports. After she ...
    09-08-2016, 10:07 AM
  • Sir Ngatata Love's lawyer claims agreement had no impact on Trust
    by admin
    Sir Ngatata Love's lawyer Colin Carruthers QC says the Serious Fraud Office (SFO) theory against his client is wrong, with a key agreement placing no financial cost on the Wellington Tenths Trust. The former leading Treaty of Waitangi negotiator and academic is on trial in the High Court at Wellington, accused of obtaining funds by deception, or alternatively of obtaining a secret commission.The charges relate to allegations that Love showed favour to Auckland property developer Redwood, and ...
    05-08-2016, 01:44 PM
  • Transport boss pleads guilty to corruption charges
    by admin
    The Serious Fraud Office says the guilty plea yesterday by an Auckland Council manager to corruption charges shows the dangers in not questioning a culture of gratuities. Barrie Kenneth James George, 69, this morning at the High Court at Auckland pleaded guilty to two charges of accepting bribes as a public official when he took gifts worth $103,580 between 2005 and 2012. The gifts included cash, and lavish overseas holidays for George and his family. SFO Director, Julie Read welcomed the guilty plea...
    04-08-2016, 09:40 AM
  • Identities of corrupt JP's stay secret
    by admin
    The identities of Justices of the Peace disciplined for incompetence, making false allegations or misusing their title for personal gain are being kept secret by the Ministry of Justice.In the case of the above JP Denis Selwyn Callesen of Keri Keri, the Crown Law Office even halted a private prosecution against Mr Callessen after evidence emerged that Mr Callessen and his former secretary Robin Morris had perverted the course of justice.

    The Ministry believes the privacy of...
    23-07-2016, 11:35 AM
  • Government funded escape artist Philip Smith found guilty
    by admin
    The murderer who embarrassed New Zealand law and border authorities by flying to Brazil while on temporary release from prison has been convicted for the audacious escape. Charges of escaping lawful custody and making a false statement to renew a passport have been added to Phillip John Smith's lengthy criminal record, along with murder, child sex abuse, kidnapping, tax fraud and arson. In an unusual legal procedure, a jury was chosen at the Auckland District Court today and the judge immedia...
    22-07-2016, 01:05 PM
Working...
X