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

Transport: Auckland Looks To Light Rail

The Board of Auckland Transport has called for an investigation into a light rail network, which could relieve traffic congestion on some of the region’s busiest roads.

This stems from work in 2012 (the City Centre Future Access study) which responded to a government request to develop a robust and achievable solution for access to the CBD.

That showed that the City Rail Link, together with surface bus improvement, provided the best regional solution. However, it also identified that the city centre is already facing serious congestion across all major road entry points which, if not addressed now, will worsen. More>>

 

RMA: Smith's Claims Don't Match Evidence - Greens

The Motu group’s research into the impacts of planning rules looked at the costs related to housing development but not the benefits of environmental protections and does not recommend significant changes to the RMA to reduce the cost of new house builds. More>>

ALSO:

Gordon Campbell: On The Similarities Between John Key And David Cameron

For years now, David Cameron has been the closest available thing to a mentor/analogue to our Prime Minister, such that Key watchers could be interested in an analysis of Cameron that appeared in the British press over the Christmas break. More>>

Gordon Campbell: On Ian Fletcher Resignation & GCSB’s New Role

It may well be that after being shoulder-tapped in Queensland for the GCSB job, three years of living in Wellington has been enough for Fletcher and his family, given that the pending review of the GCSB would have required an even longer commitment from him. Three years of Wellington’s weather is enough for anyone... More>>

ALSO:

Ian Apperley: $10m Or $100m For New Wellington Council IT System?

I feel a Tui Billboard coming on. I commented the other day that it looked like the Council’s Ninth big project was a potential $100 million plus... The Mayor has responded: “I am reassured by the Chief Executive and by Anthony Wilson that the proposed budget is in the region of $10 million.” More>>

ALSO:

Southern Ocean:
Navy Intercepts Illegal Fishing Vessels

Foreign Minister Murray McCully today put illegal fishing vessels operating in the Southern Ocean on notice and vowed to take action against their owners. “As part of a multi-agency operation, the HMNZS WELLINGTON has intercepted two vessels claiming to be flagged to Equatorial Guinea, fishing illegally in the Southern Ocean.” Mr McCully says. More>>

ALSO:

Kiwi Pride: New Zealand Takes UN Security Council Seat

“New Zealand’s term on the Security Council will place us at the heart of international decision-making for the next two years,” Mr McCully says. More>>

Greens: CAA Airport Door Report Conflicts With Brownlee’s Claims

The heavily redacted report into the incident shows conflicting versions of events as told by Gerry Brownlee and the Christchurch airport security staff. The report disputes Brownlee’s claim that he was allowed through, and states that he instead pushed his way through. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news