Gordon Campbell | Parliament TV | Parliament Today | Video | Questions Of the Day | Search


Wilson's law: ERB Mark II

The fact that the Associate Minister of Justice can't explain how her own legislation should be interpreted shows how difficult it will be for judges to apply it in real life, National Justice spokesman Tony Ryall said.

"The Government proposes that the Courts be given the power to compare the parties' respective likely future incomes and future living standards after the breakup. If there are significant differences then the Courts may award a lump sum to the lower earning 'partner' by varying the 50/50 split.

"Professor Wilson has ignored the pleas of Judges to give them more direction by defining terms such as 'significant disparity'. The fact that there is so much discrepancy within the legal profession on what 'significant disparity' means, shows how confusing it will be.

"The Law Commission thinks that only a few people will be affected. A prominent family lawyer in Auckland thought maybe a $30,000 to $50,000 gap in income would be caught by the provision. Yet, the Women's Consultative Committee of the Law Society says that any difference would be covered no matter how small!

"If these people can't agree, it will be a nightmare trying to establish case law in our courts. Our judges will surely have diverse views on what 'significant disparity' means. Judges will be required to predict the future - what if the judge guesses wrongly?

"It is ridiculous to expect judges to exercise their discretion when no guidance has been given by the legislators. Professor Wilson should open her ears and listen to the concerns of the profession before this sloppy legislation becomes law," Mr Ryall said.


© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines


Also, Loan Interest: Productivity Commission On Tertiary Education

Key recommendations include better quality control; making it easier for students to transfer between courses; abolishing University Entrance; enabling tertiary institutions to own and control their assets; making it easier for new providers to enter the system; and facilitating more and faster innovation by tertiary education providers... More>>


Higher Payments: Wellington Regional Council Becomes A Living Wage Employer

Councillor Sue Kedgley said she was delighted that the Wellington Regional Council unanimously adopted her motion to become a Living Wage employer, making it the first regional council in New Zealand to do so. More>>


Scoop Images:
Dame Patsy Reddy Sworn In As Governor-General

This morning Dame Patsy Reddy was sworn in as the New Zealand Realm’s 21st Governor-General. The ceremony began with a pōwhiri to welcome Dame Patsy and her husband Sir David Gascoigne to Parliament. More>>


Ruataniwha: DOC, Hawke's Bay Council Developer Take Supreme Court Appeal

The Department of Conservation and Hawke's Bay Regional Investment Company (HBRIC) are appealing to the Supreme Court over a conservation land swap which the Court of Appeal halted. More>>


With NZ's Marama Davidson: Women’s Flotilla Leaves Sicily – Heading For Gaza

Women representing 13 countries spanning five continents began their journey yesterday on Zaytouna-Oliva to the shores of Gaza, which has been under blockade since 2007. On board are a Nobel Peace Laureate, three parliamentarians, a decorated US diplomat, journalists, an Olympic athlete, and a physician. A list of the women with their background can be found here. More>>

Gordon Campbell: On The Key Style Of Crisis Management

At Monday’s post Cabinet press conference Key was in his finest wide- eyed “Problem? What problem?” mode. No, there wasn’t really a problem that top MPI officials had been at odds with each other over the meaning of the fisheries policy and how that policy should be pursued... More>>


Mt Roskill: Greens Will Not Stand In Likely Post-Goff By-Election

“The Green Party’s priority is changing the Government in 2017, and as part of that we’ve decided that we won’t stand a candidate in the probable Mt Roskill by-election... This decision shows the Memorandum of Understanding between Labour and the Green Party is working." More>>


Get More From Scoop



Search Scoop  
Powered by Vodafone
NZ independent news