Chisholm Court Victory Bad News For Palmer
"Adrian Chisholm’s Court of Appeal victory today makes clear why Geoffrey Palmer should never be a candidate for Chairmanship of the Appeals Court," says a Libertarianz spokesman. The Appeals Court was considering a High Court Rule that Geoffrey Palmer introduced when he was Minister of Justice, and that Chisholm’s legal team argued was ‘outside the law.' The Appeals Court decision was that the rule did indeed appear to be outside the law, and consequently Mr Chisholm is now free to continue with his court action against the Auckland City Council.
"It is only Mr Chisholm’s tenacity that got him into this courtroom," says Libertarianz Leader Peter Cresswell, "and today’s decision highlights the crucial importance for all of us of constitutional protection in cases like his. An important part of that constitutional protection is the separation of powers between legislature, and executive – a crucial separation that Palmer’s appointment would shatter."
"It would be unconscionable for Geoffrey Palmer, a creature of the legislature and responsible for innumerable pages of law -- including the Resource Management Act, currently on trial in Whitianga -- to be chairing a court that sits in judgment on that very legislation. Now that this anomaly has been uncovered," says Cresswell, "I believe it is clear that Geoffrey Palmer can never be considered for this post."
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