Lianne Dalziel
Earthquake Recovery Spokesperson

20 December 2012

Brownlee tripped up by rule of law

National’s Minister for Earthquake Recovery, Gerry Brownlee, has been given some food for thought this summer with today’s decision by the Court of Appeal reinforcing the limits on his powers, says Lianne Dalziel.

The Court of Appeal has upheld the previous decision of the High Court and invoked the essence of the rule of law, stating that the sweeping powers, conferred on Minister Gerry Brownlee under the CERA legislation, are not ‘untrammelled’.

“The Minister has to ensure that he exercises is powers under the Act ‘in accordance with its purposes, and he can only exercise those powers when he ‘reasonably considers it necessary’.

“His decisions relating to the Regional Policy Statement last year, failed to meet these basic tests.

“When the Canterbury Earthquake Recovery Act was introduced Gerry Brownlee claimed that the checks and balances would ensure that the necessary powers for recovery were used judiciously, be open to public scrutiny, and provide for judicial oversight.

“But he has tripped at the first hurdle.

“Gerry Brownlee over-stepped the mark and needs to realise that while he has been entrusted with wide powers, he still has to exercise them with responsibility,” Lianne Dalziel said.

ENDS

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Gordon Campbell: On Failures Of Care For Those With Mental Disabilities

Hard to imagine a more disturbing insight into the treatment of the vulnerable than the Health Ministry report on Te Roopu Taurima o Manukau. The Ministry has found that the country’s only kaupapa Maori intellectual disability residential care provider has been “seriously dysfunctional.”

The ministry says the business has failed to recruit and retain quality staff – and says the kaimahi (caregivers) that have been employed are seriously unsuitable for the job, lacking basic knowledge. But Te Roopu Taurima o Manukau doesn’t get all the blame. The report says there’s a significant gap under disability laws to ensure there’s oversight by qualified clinical professionals. More>>