Delamere Urged To Rethink Over Schier Family
Delamere Urged To Rethink Over Schier Family Removal
Press release 24 June 1999
The Magna Carta Society is urging Immigration Minister, Tuariki Delamere, to rethink his decision to remove Petra Schier and her children from New Zealand this Sunday.
Society researcher, John Howard said, ancient human rights law still exists on the New Zealand statute books which prohibits the Crown from exiling people, putting them out of their tenements or disinheriting them without being brought in answer by due process of the law.
Mr Delamere has wide discretionary powers which are not absolute or unfettered and the Schier children are New Zealand citizen's and have a right to be heard before they are exiled, put out of their home or disinherited, Mr Howard said.
But for the actions of the Crown Mrs Schier would not be in the unreasonable position of being forced to dispose of the family home and business by auction. There is no guarantee a forced auction will bring a fair market price, Mr Howard said.
The Crown's action means the children are being put out of their home and will be disinherited from any claims they may have legitimately had over the assets.
Effectively, these New Zealand children are being exiled from their country of birth without due process of law and contrary to Magna Carta.
The New Zealand Parliament again enacted Chapter 29 of Magna Carta (1297) and 28 Edw 3 (1354) into New Zealand law in 1988 through the Imperial Laws Application Act.
In exercising the disrectionary prerogative power Mr Delamere is not above the law of the land enacted by Parliament, Mr Howard said.
Contact John Howard