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

 

Asylum: Dunne Accepts Hundreds Of Postcards On Refugee Categories

Minister Peter Dunne today accepted over 800 postcards calling for convention refugees to have the same entitlements as quota refugees... The campaign has been run with ActionStation together with LUSH Cosmetics, with postcards being signed in stores around New Zealand. More>>

ALSO:

Reshuffle: PM Announces Changes To Ministerial Portfolios

Prime Minister Bill English today announced the appointment of Gerry Brownlee as Minister of Foreign Affairs, Nathan Guy as Minister of Civil Defence, Nikki Kaye as Minister of Education and Mark Mitchell as Minister of Defence. More>>

ALSO:

Q+A Transcript: CTU Call For 'National Standards' On Wages

‘If you look at countries who do better than us, who pay wages better, who have more competitive industries, more successful economies, they have systems where there are national standards.’ More>>

ALSO:

Energy: Greens Launch Plan For Cheaper And Cleaner Electricity

$112 million for winter warm-up payments to help low-income households cover their power bills • setting a goal for 100 percent renewable electricity by 2030 (in average hydrological conditions) • an investigation into the electricity wholesale market. More>>

ALSO:

Health Workers Respond: People's Mental Health Report Released

The People's Mental Health Review reinforces a recent YesWeCare.nz survey of 6,000 health workers, which found nine in 10 believe they don't have the staff or resources to deliver the care Kiwis need when they need it. More>>

ALSO:

More Mental Health:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news