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

 

Skyhawks Court Of Appeal Challenge

COURT OF APPEAL CHALLENGE

As you may have heard, we have decided to appeal Justice Heron's decision striking out the Campaign's challenge to the Government's decision to scrap the Air Combat Force.

A notice of appeal (see below) was filed in the Court of Appeal earlier this week. The appeal is to be heard on Tuesday 12th February 2002.

Thanks to the generosity of Campaign supporters, the cost of the High Court proceeding was fully covered by Campaign contributions. We are now seeking further contributions to cover the appeal costs which will be in the vicinity of $25,000.

If the Court of Appeal agrees to reverse the strike-out order, then the main proceeding will go ahead in the High Court. Our understanding is that the High Court may have sufficient hearing time available in Auckland or Wellington in the middle of next year.

While the squadrons have obviously gone it is not too late to save the infrastructure which will be necessary to rebuild an air defence capability when New Zealand eventually gets a Government prepared to properly discharge its national security obligations.

For further information, see: www.soscampaign.co.nz.

I wish to make a financial contribution of $ __________ to the Campaign and enclose a cheque payable to: "Save Our Squadrons Campaign Trust Fund" (cheques should be crossed "Not Transferable". Please do not staple cheques).

Name: ________________________________________________________

Address: ________________________________________________________ ________________________________________________________ Email: ________________________________________________________

Post to: Mrs Nicky Stockman, Secretary, Save Our Squadrons Campaign, c/o PO Box 5091, Wellesley Street, Auckland

NOTICE OF APPEAL

TAKE NOTICE that this Court will be moved at the first sitting thereof after the expiration of 14 days or so soon thereafter as Counsel can be heard, by way of appeal from that part of the judgment of the High Court of New Zealand delivered at Wellington by Heron J on 15 November 2001 in CP 252/01 striking out the appellant's proceedings UPON THE GROUNDS that that part of the judgment is erroneous in fact and in law in the following respects:

1. The Court took a wrong approach to the exercise of its discretion on an application to strike out and in particular -

1.1 in taking into account the effect of the Appropriations Act 2001;

1.2 in accepting the Crown's (disputed) assertion that it was impossible to reverse the process;

1.3 in striking out the proceeding in circumstances where the court considered that although the merits of the claim did not meet the prima facie test, there was nevertheless an arguable case;

1.4 in wrongly considering the circumstances to be analogous to those in the case of Southern Ocean Trawlers Ltd v Director General of Agriculture & Fisheries [1993] 2 NZLR 53 (CA).

2. In failing to have regard to the further argument signalled in the course of submissions that as a consequence of the Minister's decisions shaping and restructuring the New Zealand Defence Force, the very existence of a defence force capable of operating in accordance with the policy and objectives of the Defence Act 1990 has been frustrated, and accordingly those decisions were beyond the Minister's powers under s 7 of the Defence Act 1990.

DATED this day of December 2001

_____________________________

C R Bradbury

Solicitor for the Appellant

TO: The Registrar, Court of Appeal, Wellington

AND TO: The Registrar, High Court, Wellington

AND TO: The Respondent


© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On Compensating Afghan Civilian Casualties

Reportedly, there have been nine incidents resulting in 17 civilian deaths and injuries (seven of the dead were children) caused by ordnance left behind on what used to be the firing range of our Provincial Reconstruction Team (PRT) in Bamiyan province.

Given that the NZ Defence Force has needed to be hauled kicking and screaming into belatedly arranging an adequate clean-up of its old firing range… what would it take before New Zealand offers to pay compensation to the families of those who suffered death and injury from what was left behind on our watch? More>>

 

Predator Free: $3.5m For New Pest Controls

New Zealand First is proud to announce the Provincial Growth Fund (PGF) has allocated $3.5 million to develop innovative predator control approaches which will reduce the need for repeated 1080 use. More>>

Children's Day: Commissioner Calls For Govt Commitment

“Three decades on, we are able to celebrate some significant changes for children like the recent launch of a Child and Youth Wellbeing Strategy. But we still have a long way to go to prioritise children’s rights.” More>>

ALSO:

Elections: Proposed Electorate Boundaries Released

The Representation Commission is proposing changes to half of New Zealand’s electorates and establishing a new electorate in south Auckland… More>>

ALSO:

"Effectively A Permanent Amnesty": Final Month For Gun Ban Compensation

The firearms buy-back comes to an end a month from today, but the police say the amnesty for returning banned guns will continue into next year and beyond. More>>

ALSO:


SPECIAL GUNS FOR FOREIGN SECURITY:


MORE ARMED POLICE:

Overseas Investment Rules: New National Interest Test

The Government is delivering on its promise to protect New Zealanders’ interests by applying a new national interest test to the sales of our most sensitive and high risk assets to overseas buyers... More>>

ALSO:

Matter Of Trust: Peters Says NZ First Loans Legal

"Allegations raised this morning by Stuff Limited / Fairfax concern a party matter but I am confident that New Zealand First has operated within electoral laws, now and for the last 27 years." More>>

ALSO:

PGF CONFLICT OF INTEREST:

Gordon Campbell: On Labour’s Age Problem, And The Port Hills

Labour has been steadily improving its gender balance to the point where there are now 21 women in its caucus out of 46 MPs in all... Yet Labour has been just as steadily losing the generational battle to the Greens. More>>

ALSO:

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels