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

 

AG Vs TVNZ (Zaoui Interview) - SC CIV 14/04

IN THE SUPREME COURT OF NEW ZEALAND
SC CIV 14/04


BETWEEN THE ATTORNEY-GENERAL
Applicant
AND TELEVISION NEW ZEALAND
LIMITED
Respondent

Coram: Gault J
Keith J

Counsel: T Arnold QC and C R Gwyn for Applicant
W Akel for Respondent
Judgment: 14 October 2004

Solicitors:
Crown Law Office, Wellington
Simpson Grierson, Auckland, for Respondent

JUDGMENT OF THE COURT

[1] After considering the written submissions in support of, and in opposition to this application for leave to appeal, the Court has determined that it is unnecessary to have oral submissions and that leave should be refused.

[2] The respondent’s application to interview Mr Ahmed Zaoui, who is detained pursuant to a warrant under Part IVA of the Immigration Act, was declined by the Chief Executive of the Department of Corrections. The respondent sought judicial review of that decision. That was refused by Ronald Young J in the High Court but an appeal to the Court of Appeal was successful. The Attorney-General on behalf of the Chief Executive now applies for leave to appeal, seeking to reverse the judgment requiring the Chief Executive to reconsider his decision.

[3] In support of the application the submissions are, in effect, that the Court of Appeal placed undue weight on the right of freedom of expression and too little on a potential undermining of public confidence in the integrity of the statutory processes by which the security risk certificate giving rise to Mr Zaoui’s detention is to be reviewed. It is said also that the Court of Appeal did not address one of the reasons for the Chief Executive’s decision that Mr Zaoui has had ample opportunity to tell his story through his counsel. It is submitted that these matters raise issues of general public importance such that it is necessary in the interest of justice that leave be granted.

[4] The proceeding involves a conventional application for review of an administrative decision. Although important values in the integrity of statutory processes, freedom of expression and national security are involved, the issues are not really directed to matters which are or are not to be taken into account but to the weight to be accorded to them. We are not satisfied that the interests of justice require a further appeal in relation to that.

[5] We do not read the judgment of the Court of Appeal as reflecting any omission to address the matter of Mr Zaoui’s case being advocated publicly by his advisers.

[6] Accordingly we are not persuaded that there are issues of principle of general or public importance calling for leave to appeal. Leave is refused.

ENDS

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On Budget 2022


At base, the political biffo back and forth on the merits of Budget 2022 comes down to only one thing. Who is the better manager of the economy and better steward of social wellbeing – National or Labour? In its own quiet way, the Treasury has buried a fascinating answer to the “who’s best at running an economy during a crisis?” question, at page 57 of the Fiscal Strategy section...
More>>



 
 

Government: Helps Supermarket Shoppers Get A Fair Deal
Urgent Budget night legislation to stop major supermarkets blocking competitors from accessing land for new stores has been introduced today, Minister of Commerce and Consumer Affairs Dr David Clark said... More>>


Budget 2022: A Secure Future In Difficult Times
Budget 2022 will help build a high wage, low emissions economy that provides greater economic security, while providing support to households affected by cost of living pressures... More>>

ALSO:

Budget: Climate Investments Provide Path To Economic Security
The Government is investing in New Zealand’s economic security by ensuring climate change funding moves away from short-term piecemeal responses and towards smart, long-term investment... More>>

ALSO:



National: Jacqui Dean To Retire From Parliament In 2023

Waitaki MP Jacqui Dean has announced that she will not be seeking re-election at the 2023 election. “I have advised the President and Leader of the National Party that I have decided not to put my name forward... More>>

Classification Office: Following Decision To Ban Manifesto The Buffalo Mass Shooting Livestream Is Now Banned
The livestream video of yesterday’s mass shooting in the United States has now been banned, Acting Chief Censor Rupert Ablett-Hampson announced this morning. The decision follows on from his decision yesterday to call in and ban the ‘manifesto... More>>

Borders: New Zealand Poised To Welcome International Students Back
New Zealand is fully reopening to international students and the Government is committed to help reinvigorate and strengthen the sector, Education Minister Chris Hipkins said today... More>>

 
 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels