Post by Kiwi Frontline on Aug 5, 2016 17:14:59 GMT 12
MAORI CHALLENGE TO KERMADEC SANCTUARY TREADS WATER WHILE PARLIAMENT PADDLES
A Maori challenge in court to the law to set up the Kermadec ocean sanctuary cannot proceed in the meantime, a judge has ruled.
The sanctuary's potential impact on the future use of the quota, and reduction of the value of the treaty settlement, lie behind the trust's challenge to the sanctuary.
The trust has asked the court to make declarations that the sanctuary was being set up without consultation, consent, or fair compensation.
The proposed law to set up the sanctuary is already before parliament.
The Attorney-General, Chris Finlayson, asked the High Court in Wellington to temporarily stop the trust's challenge to plans for the sanctuary because a court decision would interfere with the privileges of parliament and overstep the separation of powers between the courts and parliament.
In his decision the judge said the courts could not stop the introduction of a bill to parliament.
But the issue in the trust's case was whether the courts could make declarations that commented on proposed laws and their affect on people, while the the laws were still before parliament.
Lawyers for Finlayson said the proper time to challenge the new law was after it had been passed. The Attorney-General wanted a "temporary lull" for parliament to complete its processes.
No further steps were to be taken until the legislative process was complete, he said....
www.stuff.co.nz/national/politics/82865815/maori-challenge-to-kermadec-sanctuary-treads-water-while-parliament-paddles
A Maori challenge in court to the law to set up the Kermadec ocean sanctuary cannot proceed in the meantime, a judge has ruled.
The sanctuary's potential impact on the future use of the quota, and reduction of the value of the treaty settlement, lie behind the trust's challenge to the sanctuary.
The trust has asked the court to make declarations that the sanctuary was being set up without consultation, consent, or fair compensation.
The proposed law to set up the sanctuary is already before parliament.
The Attorney-General, Chris Finlayson, asked the High Court in Wellington to temporarily stop the trust's challenge to plans for the sanctuary because a court decision would interfere with the privileges of parliament and overstep the separation of powers between the courts and parliament.
In his decision the judge said the courts could not stop the introduction of a bill to parliament.
But the issue in the trust's case was whether the courts could make declarations that commented on proposed laws and their affect on people, while the the laws were still before parliament.
Lawyers for Finlayson said the proper time to challenge the new law was after it had been passed. The Attorney-General wanted a "temporary lull" for parliament to complete its processes.
No further steps were to be taken until the legislative process was complete, he said....
www.stuff.co.nz/national/politics/82865815/maori-challenge-to-kermadec-sanctuary-treads-water-while-parliament-paddles