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

 


Aspects Of Prisoner Compensation Claims Bill Unnecessary


MEDIA RELEASE – For immediate use, 22 February 2012

Aspects Of Prisoner Compensation Claims Bill Unnecessary

The New Zealand Law Society believes that aspects of a bill restricting prisoners’ ability to obtain compensation for breaches of their human rights are unnecessary.

The Prisoners’ and Victims’ Claims (Continuation and Reform) Amendment Bill proposes to continue the application of the Prisoners’ and Victims’ Claims Act 2005 rather than allowing it to expire on 30 June 2013 as the law currently provides.

The Law Society supports the Government's decision to discharge an earlier Bill, which would have amended the 2005 Act to prevent prisoners from ever receiving compensation awarded to them by the courts for breaches of human rights.

However, the Law Society submitted that the part of the 2005 Act restricting prisoners’ ability to obtain compensation is unnecessary and that the courts should be free to determine when and how to award compensation for breaches of human rights, the Law Society's Human Rights and Privacy Committee Convenor Andrew Butler has told the Justice and Electoral Select Committee.

“Human rights are an important and sensitive area of law. The courts provide an important guardian role against rights abuses by the State. As part of this, the courts should be able to determine the remedies for rights breaches by the State,” Dr Butler said.

“The making of compensation awards creates incentives for the State to cease activities that infringe individuals’ rights. It is important for the separation of powers that the courts are not restricted in this key constitutional role.”

The guiding principles for awarding compensation outlined in the Supreme Court decision Taunoa v Attorney-General in 2007 were not in place when Parliament passed the 2005 Act. The Supreme Court decision adequately addresses issues regarding compensation to prisoners, and it would be better to allow the courts to adapt the law as human rights standards evolve, Dr Butler said.

ENDS

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Mana Māori: Kawenata Unites Kaupapa Māori Parties

The Māori Party and Mana Party have signed a historic agreement today to unite Māori politically.

Māori Party president Tukoroirangi Morgan said the kawenata or agreement was a huge step forward for Māori in the lead up to the general elections.

"Today is an important day for the Māori nation because today is when the country's only two kaupapa Māori political parties unite to work tactically together in the best interests of our people," says Mr Morgan. More>>

ALSO:

.

 
 

Immigration: Short Reprieve For Nine Indian Students

A temporary hold on deportations of nine Indian students is a step in the right direction but the Government urgently needs to implement safeguards to stop further injustices to more international students, the Green Party says. More>>

EARLIER:

Welfare: WINZ Breaching Privacy Laws With WINZ Vetting Rules

E tū, the union for security guards, says WINZ may be breaching privacy laws with its new screening process for people visiting WINZ offices. The vetting requires WINZ security guards to check photo ID and whether visitors to WINZ offices have an appointment.More>>

ALSO:

Turnbull Visit: Leaders’ Talks Cement Trade Relations, Science Agreement

Mr English met with Prime Minister Turnbull in Queenstown today to discuss common approaches to bilateral and international issues, including trade and science and innovation. Mr English also thanked Mr Turnbull for Australia’s offer of support for those fighting the fires on the Port Hills in Christchurch. More>>

ALSO:

Youth Guarantee: Upskilling Fund Used For Retraining

News that one in five of the people enrolling in Youth Guarantee already hold qualifications at the level they’re enrolling in highlights the failure of the scheme to reach the disengaged young people it was set up to assist, says Labour’s Education spokesperson Chris Hipkins. More>>

ALSO:

Port Hills Fire: Midday Update, Monday 20 February

• 9 homes destroyed
• 2 homes with partial damage. Damage includes things like cracked windows, heat damage.
• 3 properties with damage to other external structures e.g sheds or outbuildings More>>

ALSO:

Gordon Campbell: On What Trump May Mean For Us

So far not much effort has been put into tracing the possible implications for New Zealand of the stream of executive orders and tweets that have been pouring from the Oval Office. Unfortunately, we may not simply be drive-by rubberneckers at this car wreck for much longer. More>>

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news