Delamere Should Order Schier Children Return
The Magna Carta Society has written to Minister of Immigration, Hon Tuariki Delamere, citing a miscarriage of justice and urging him to order the return of the Schier children and their mother to New Zealand.
Society researcher, John Howard said, our advisors have examined the 1998 judgment of the Court of Appeal and Mr Delamere's statements and are satisfied there are errors of law which has resulted in the Schier children being unable to exercise their lawful rights as New Zealand citizens in real and practical terms.
It was not argued, nor did the Court consider, that the children had exclusive and paramount rights under New Zealand law, he said.
We allege the children, through the acts or omissions of the Crown, did not retain all the rights provided to them by the relevant New Zealand statutes and they were denied due process of law.
In the court case the Immigration Service made submissions, which were not challenged, that;- "They (the children) retain all the rights given to them by the relevant statutes."
That was accepted by the Court but we now allege it was erroneous and wrong in fact and in law.
It certainly appears there were a number of wrong assumptions made and conclusions drawn, he said.
It is inconceivable that the Parliament would enact the Imperial Laws Act 1988, one year after the Immigration Act 1987, and then intend the Crown may breach it or treat it as irrelevant in the exercise of a discretionary power, Mr Howard said.
Mr Delamere had earlier written to the Society stating that he considered the case closed and he was not prepared to enter into any further correspondence on the matter.
Mr Delamere can rest assured this Society does not intend to let the matter rest because of the important legal principles and human rights involved. In the first instance, now that he is fully aware of the circumstances, the ball rests in his court to redress those wrongs, Mr Howard said.