Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 

Skyhawks Court Of Appeal Challenge

COURT OF APPEAL CHALLENGE

As you may have heard, we have decided to appeal Justice Heron's decision striking out the Campaign's challenge to the Government's decision to scrap the Air Combat Force.

A notice of appeal (see below) was filed in the Court of Appeal earlier this week. The appeal is to be heard on Tuesday 12th February 2002.

Thanks to the generosity of Campaign supporters, the cost of the High Court proceeding was fully covered by Campaign contributions. We are now seeking further contributions to cover the appeal costs which will be in the vicinity of $25,000.

If the Court of Appeal agrees to reverse the strike-out order, then the main proceeding will go ahead in the High Court. Our understanding is that the High Court may have sufficient hearing time available in Auckland or Wellington in the middle of next year.

While the squadrons have obviously gone it is not too late to save the infrastructure which will be necessary to rebuild an air defence capability when New Zealand eventually gets a Government prepared to properly discharge its national security obligations.

For further information, see: www.soscampaign.co.nz.

I wish to make a financial contribution of $ __________ to the Campaign and enclose a cheque payable to: "Save Our Squadrons Campaign Trust Fund" (cheques should be crossed "Not Transferable". Please do not staple cheques).

Name: ________________________________________________________

Address: ________________________________________________________ ________________________________________________________ Email: ________________________________________________________

Post to: Mrs Nicky Stockman, Secretary, Save Our Squadrons Campaign, c/o PO Box 5091, Wellesley Street, Auckland

NOTICE OF APPEAL

TAKE NOTICE that this Court will be moved at the first sitting thereof after the expiration of 14 days or so soon thereafter as Counsel can be heard, by way of appeal from that part of the judgment of the High Court of New Zealand delivered at Wellington by Heron J on 15 November 2001 in CP 252/01 striking out the appellant's proceedings UPON THE GROUNDS that that part of the judgment is erroneous in fact and in law in the following respects:

1. The Court took a wrong approach to the exercise of its discretion on an application to strike out and in particular -

1.1 in taking into account the effect of the Appropriations Act 2001;

1.2 in accepting the Crown's (disputed) assertion that it was impossible to reverse the process;

1.3 in striking out the proceeding in circumstances where the court considered that although the merits of the claim did not meet the prima facie test, there was nevertheless an arguable case;

1.4 in wrongly considering the circumstances to be analogous to those in the case of Southern Ocean Trawlers Ltd v Director General of Agriculture & Fisheries [1993] 2 NZLR 53 (CA).

2. In failing to have regard to the further argument signalled in the course of submissions that as a consequence of the Minister's decisions shaping and restructuring the New Zealand Defence Force, the very existence of a defence force capable of operating in accordance with the policy and objectives of the Defence Act 1990 has been frustrated, and accordingly those decisions were beyond the Minister's powers under s 7 of the Defence Act 1990.

DATED this day of December 2001

_____________________________

C R Bradbury

Solicitor for the Appellant

TO: The Registrar, Court of Appeal, Wellington

AND TO: The Registrar, High Court, Wellington

AND TO: The Respondent


© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Crowdsale And Crowdfunding Campaign: Help Create The Future Of Independent News

Two weeks to go! The Scoop 3.0 plan aims to create NZ’s first community-owned, distributed news and media intelligence ecosystem in 2019. We believe this ScoopPro media monetisation approach can be scaled and spread globally to support local and independent news efforts in regional New Zealand and around the world.

Scoop is an ecosystem, it would not exist without those who contribute to it, read it and rely on it for professional media purposes. Generous past support from this ecosystem has enabled us to come this far in developing our business model. Support our PledgeMe Campaign>>

 

14/11: Two Years’ Progress Since The Kaikoura Earthquake

Mayor John Leggett said it was a day for reflection, but also a time to recognise the work by many people to support progress towards recovery made across Marlborough since November 2016. More>>

ALSO:

Pike River: Mine Drift Re-Entry Plan To Proceed

“I’ve decided the Te Kāhui Whakamana Rua Tekau Mā Iwa - Pike River Recovery Agency, recommended course of action to enter the drift, using the existing access tunnel, is by far the safest option,” said Andrew Little. More>>

ALSO:

Appointments: New High Commissioner To Australia Announced

“Dame Annette King needs no introduction given her long running career as a parliamentarian where she has previously held a number senior Cabinet portfolios, including Justice, Police and Health. She also was Parliament’s longest serving female MP with 30 years’ service,” said Mr Peters. More>>

ALSO:

Two Years Since Kaikoura: Silvia Cartwright To Lead Inquiry Into EQC

“The inquiry will be the first of its kind under the Public Inquiries Act 2013 and will have all the powers of a Royal Commission, be independent of Government and make its report directly to the Governor-General. More>>

ALSO:

Gordon Campbell: On The Royal Commission Into Child Abuse

Obviously, it is good news that the coalition government has broadened the scope of its Royal Commission into the abuse of children, beyond its previous focus on children in state care. More>>

ALSO:

Cases Delayed: Court Staff Refuse To Handle Sentencing Papers

Dozens of court cases have reportedly been delayed, as court staff escalate industrial action at two Auckland courts by enforcing a ban on handling sentencing papers. More>>

ALSO:

Education: Primary Teachers Rolling Strikes

RNZ Report: More than 100,000 primary school students in Auckland will be home from school today as teachers and principals walk off the job for the second time this year. It's the start of a week of rolling one-day strikes around the country, after the collapse of contract negotiations last Thursday. More>>

ALSO:

"Process Was Sound": Inquiry Into Haumaha Appointment Released

The Inquiry’s purpose was to examine, identify, and report on the adequacy of the process that led to the appointment. It found the process was sound and no available relevant information was omitted. More>>

ALSO:

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels