I have read the decision of Justice Ellis on Teina Pora’s compensation. Andrew Geddis has also done a great analysis here
National’s recent Justice Ministers (ex lawyers) really do struggle with interpretation of the Law. Ms Collins doesn’t understand conflict of interest and later got the Privacy Law all wrong when passing the name of a public servant to a blogger resulting in the poor man getting death threats.
Now Amy Adams has stuffed up her first big decision. Let us not forget the cost to the taxpayer of defending the application for Judicial Review and the time now needed to be spent by Cabinet revisiting the same issue.
Justice Ellis said the minister had made an error in interpreting the guidelines around compensation.
“That error caused, or was compounded by, further errors in the minister’s advice to Cabinet and in the reasons for the Cabinet decision itself.”
The reason I suggest Justice Binnie is vindicated is that Justice Ellis confirmed that the Government failed to follow process, and thereby breached the principles of Administrative Law (Natural Justice) by NOT following the advice of the QC they appointed to report on the matter.
Perhaps I am drawing a long bow, but isn’t that what National (and Collins) did with Justice Binnie? Simon Power, presumably with the go-ahead of Cabinet, recruited an International Jurist to review the Bain case and then Collins (by then Justice Minister after Power left for Westpac) cast him aside when he didn’t arrive at a decision she liked? So we had to pay a second lot of exhorbident legal fees to get the decision she wanted?
Amy Adams was Minister for Environment too… Lesson: do not put Commercial/Property Lawyers in charge of Justice or Environment
This is one reason why Turei’s demise infuriates me. Collins alone has done more to abuse power and mock the taxpayer than Turei ever did, cheerfully banking a minister’s salary and perks and setting herself up for a wealthy post Parliament money grab.