Thursday, June 16, 2016

Pora's compensation for Judicial Review?

Looks like a Judicial Review is in the water for Teina Pora. I just wonder where all the advocates that argued Executive Powers couldn’t be reviewed are hiding. It was unusual to watch John Key today maintaining that Executive Powers and guide lines as to compensation are a Law unto themselves and something which might be changed in the future by Cabinet, that is for inflation and other factors to be included. That’s not correct, because any Executive Power used which has direct influence over a particular citizen or group of citizens must set as to its purpose fore-most consideration of The Bill of Rights Act, to which those affected by Executive decisions have redress in the Courts. We all know of another case where that was properly recognised where David Bain sought a review of the process of his compensation claim. In that particular case the 'rules' where changed at the drop of a hat and without notice.
If an action goes ahead will the Government make the payment it has offered pending the result of any Review, or will they look to be seen as punishing him – just like the police and Crown did for more than 20 years?
For those that mentioned Peter Ellis, the same avenue is open to him but he might just be too beat down by what he went through to be able consider doing so.
In the meantime, all power to those supporting and guiding Teina Pora.

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