Parliament

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

 

Unauthorised Operations Of New Legal Agency

Court Of Appeal Tangled In Unauthorised Operations Of New Legal Agency

Thursday 1st Feb 2001 Stephen Franks Media Release -- Justice

The new Legal Services Agency from today takes over deciding on criminals’ legal aid applications for appeals to the Court of Appeal. But the agency will not have proper authority due to Government bungling, ACT Justice Spokesman Stephen Franks revealed today. "It will be embarrassing for the Court of Appeal to be involved in trying to work around the mistakes.

"It is a complex issue, but it seems clear that until the new law is further amended, the new agency can only deal with these applications outside the law – which is surely not a good example.

“The bungle now exposed arises because the Government expected its Criminal Appeals Bill to be rushed through and in place before February 1. In reality it is likely to be at least another month before this bill can be passed into law. Without the bill, and further fixes to it, the new Legal Services Agency has to operate without power to get the Court files and other details they need to decide on legal aid applications. It may seem just funny, but they probably also lack the power to prescribe the application forms required by the Act.

“These problems may not seem serious to the Agency, because it will probably reach a practical interim arrangement for the Courts to give the files informally. But the bungle will further embarrass the Court of Appeal. The Criminal Appeal Amendment proposes to validate retrospectively some 2,000 appeals which the Court Of Appeal handled wrongly. Now a bungle on bungle means it will have to bodge together some kind of further unauthorised procedure to try to let the Agency process fresh applications.

“The Court of Appeal Judges were scathing about Parliament last year, condemning alleged retrospectivity in limiting parole for home invasion criminals, so they must be deeply embarrassed about now needing retrospectivity to fix problems in their own backyard. If the Legal Services Act and the Criminal Appeal Bill had been properly conceived they might have slid through smoothly, without drawing further attention to what looks like hypocrisy, or inconsistency at best, involving retrospective law changes and the Court of Appeal. Instead the changes have drawn strong opposition from the Law Society and others.

“Exposure of the bungling comes at a bad time for the Government. It is trying to persuade people here and overseas that New Zealand’s commitment to the rule of law, and impartial independent and high quality justice will not be compromised by cutting off appeals to the Privy Council. New Zealand lawyers left for London yesterday for Privy Council appeals on just these issues. Sadly they make our Court of Appeal look careless at best about some pretty basic rights – the rights to be heard, and to expect the Courts to respect the law scrupulously and to be consistent about retrospectivity," Stephen Franks said.

ENDS


© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On The Peters/Ardern Triumph

There are a lot of good reasons to feel joyful about this outcome. It is what so many young voters – the best hope for the country’s future – wanted.

Far more important than the implications for the Economy Gods ( is the dollar up or down? ) last night’s outcome will also mean many, many vulnerable New Zealanders will have a better life over the next three years at least.

Yet the desire for change was in the majority, across the country..>>>More


Reaction

Labour on its agreement |Peters: Post-Election Announcement Speech | Greenpeace “cautiously hopeful” about new Government | ACT - Madman on the loose | E tū ecstatic | Chamber welcomes the outcome | Greens on their joining Govt | EDS welcomes new govt | Immigrant groups worry | Feds ready to engage new coalition government | Labour Ministers of the Crown announced

 

Climate: Increasing Greenhouse Emissions Hit NZ

New Zealand is seeing impacts of excess greenhouse gas emissions in our climate and oceans, according to the latest national report from the Ministry for the Environment and Stats NZ about the state of the atmosphere and climate…More>>

ALSO:


Wellington.Scoop: Arrests At Blockade Of "Weapons Expo"

“We encourage people in Wellington to get down to the Westpac Stadium now for a day of awesome peace action. There will be plenty of food, music and activities to keep us sustained through the day.” More>>

ALSO:

Rorschach Restructuring: PSA Taking Inland Revenue To Court Over Psychometrics

The Public Service Association will be seeing Inland Revenue in Employment Court over its intention to psychometrically test employees reapplying for their roles at the department as part of its controversial Business Transformation restructuring plan. More>>

ALSO:

Nuclear Disarmament: Nobel Peace Prize 2017 Awarded To ICAN

Congratulations from iCAN Aotearoa New Zealand to international iCAN, the other iCAN national campaigns and partner organisations, and the countless organisations and individuals who have worked so hard for a nuclear weapons-free world since 1945. More>>

ALSO:

Expenses: Waikato DHB CEO Resigns

An independent inquiry has identified that Dr Murray had spent more than the agreed $25K allocated for relocation costs, and other unauthorized expenses involving potential financial breaches of the chief executive’s obligations. More>>

ALSO:

Wellington.Scoop: Sad About The Trolley Buses?

The Regional Council’s MetLink is today spending money to tell us that it really loves Wellington’s trolley buses, even though they’re all being taken off our roads by the end of this month. More>>

ALSO:

Post-Election: Preliminary Coalition Talks Begin

New Zealand First will hold post-election preliminary discussions in Wellington with the National Party tomorrow morning and the Labour Party tomorrow afternoon. More>>

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

Featured InfoPages

Opening the Election