Suspension of Environment Canterbury elections breaches constitutional values

Proposed legislation that would extend the suspension of local body elections in Canterbury until 2016 is not justified and is a disturbing breach of the rule of law, the New Zealand Law Society says.

Legislation introduced and passed under urgency in 2010, without public consultation, suspended Environment Canterbury elections until 2013. The Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Bill proposes to continue the suspension of elections for a further three and a half years, to 2016.

The convenor of the Law Society’s Rule of Law Committee, Austin Forbes QC, and committee member James Wilding, presented the Law Society’s submission to the Local Government and Environment Select Committee today in Christchurch.

Mr Forbes said the Government’s decision to suspend local body democracy in Canterbury for a total of six and a half years in total is unjustified.

“Only a clearly demonstrable or overwhelming reason might justify the suspension of the democratic right to vote within a region for a period of six and a half years. This time frame cannot be said to be ‘temporary’,” Mr Forbes said.

When introducing the Bill to the House, Canterbury Earthquake Recovery Minister Gerry Brownlee cited the need to provide the Canterbury region with stable and effective governance to assist the earthquake recovery.

“That explanation cannot be said to justify the Bill’s suspension of local democracy. Parliament has already enacted the Canterbury Earthquake Recovery Act 2011 to facilitate earthquake recovery, and that Act gives sweeping emergency powers to the Minister and to the Canterbury Earthquake Recovery Authority”, Mr Forbes said.

Earlier this year ECan Chair Dame Margaret Bazley advised the Government that the commissioners recommended a return to democratic elections by 2013. Officials also recommended a transitional mixed-governance body, made up of elected councillors and government-appointed members.

“Democratic decision-making in local government is a very important and legitimate expectation of citizens. The proposed further suspension of local body democracy runs counter to core constitutional values, most importantly that of a free and democratic society,” Mr Forbes said.

The Law Society believes that this issue is of real concern to the public, as well as lawyers, both in and beyond Canterbury, and says that the Bill should not proceed.

ends

© Scoop Media

Gordon Campbell: On The 2013 Budget

Among Thursday’s main talking points:

We are apparently on track for a margin-of-error $75 million surplus, now in sight for 2014/15. But this sickly creature is hobbling out of the lab on the basis of all kinds of facilitative conjuring: such as trimming by $200 million the amount of new spending next time around.

With this strictly nominal surplus in sight, the 1984-ish justification for eternal austerity will have a news talisman: namely, getting Crown debt down to 20% of GDP by 2020. More>>

Budget Report, Lockup Audio & Images: Budget Day 2013 As always and especially after the managerial mishaps of the past few weeks and months, (e.g. Aaron Gilmore, the Mighty River Power share float, the GCSB mishaps) Budget Day 2013 was always going to be a pageant of reassurance... More>>

Budget 2013 Comment: Plain Sailing, But It's No America's Cup Pattrick Smellie: Compared to the last four budgets, this year's reflects an economy moving out of recession and into calmer waters... Yet if the fastest annual growth rate we can expect over the next two years is 3 percent - with the Christchurch rebuild in full swing - then you'd have to say New Zealand's underlying low-growth problem is far from fixed. More>>

Auckland Discord: Govt’s Power Hungry Housing Approach A Threat - Labour

Last week the Government said this, ‘The Government commits not to use any proposed or existing powers ... to override the council's planning and consenting processes’. But its housing Bill says this; ‘If an accord cannot be reached in an area of severe housing unaffordability, the Government can intervene by establishing special housing areas and issuing consents for developers’. More>>

ALSO:

• NZ Govt - Housing accords legislation passes first reading - Legislation For Housing Accords, Land Supply - Housing package improves affordability, access
• Greens - Budget numbers show National’s failure on home affordability
• Auckland Chamber of Commerce - Budget 2013: Housing intervention needed
• Out-Link - Gareth Morgan: Response to housing problem limp-wristed
• Earlier, Pre-Budget - Auckland Accord announced

Extending Protest Ban, Relaxing Permit Rules: Govt Abuses Urgency To Extend Anadarko Amendment

The Government is trying to pass legislation under urgency which would make the Anadarko Amendment – which limits protest at sea – apply to an additional 1.7 million square kilometres, the Green Party said today. More>>

ALSO:

• Parliament Today - Parliament Resumes To Pass Budget Bills
• Labour - Government to extend protest ban
• Greenpeace NZ - Oil Companies Lacking ‘Expertise’ and ‘Financial Ability’ Set to Be Handed Drilling Permits
• 2010 image via: Pacific.Scoop - Media watcher gives NZ press nil score card for China oil spill coverage