media release
Tuesday, 28 September 2010

Maxim Institute Supports Constitutional Experts’ Critique of the Canterbury Earthquake Response Act 2010.

“Christchurch needs our support in the wake of the earthquake, but the law that was passed a fortnight ago goes too far and is open to an abuse of power” says Alex Penk, Policy and Research Manager at Maxim Institute.

A group of 27 legal academics with constitutional expertise have signed an open letter to “New Zealand’s people and their Government” criticising the new legislation for the way it shifts power from Parliament to the Executive, without enough restraints on that power. We endorse that letter.

“These signatories have a broad and deep understanding of law and government. They are concerned for good reason. When they unite in their concern, we need to listen,” says Penk.

“The Canterbury Earthquake Response Act 2010 allows the Government to make regulations that relax or even suspend most of our laws. They don’t even need Parliament’s approval. They only have to decide that the regulation is important for helping Canterbury respond to the recent earthquake and its aftershocks,” says Penk. “What’s more, the Act attempts to limit the role the Courts traditionally play in scrutinising regulations made by the Executive.”

“The power to alter our laws is a significant one, which belongs to Parliament. That power should only be given away with very tight controls. The controls that the Act does provide, simply aren’t enough. We rely on politicians to have respect for our constitution and the principles of good law-making. This legislation opens the door for serious abuse of power,” says Penk. “While we do not think Gerry Brownlee or anyone else in Parliament intends to use this law recklessly, that door should not even be opened. Parliament needs to reconsider this Act.”

The open letter to “New Zealand’s people and their Government” can be found here: http://www.scoop.co.nz/stories/PO1009/S00343/legal-scholars-deep-canterbury-quake-law-concerns.htm

ENDS

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