Well, the girls have been at work again. Sometimes I wonder what the conversations between Helen Clark and Margaret Wilson must be like. "You know, I never did like those old poms in the UK having a final say in our justice system - lets kick them out." "Alright, I'll whip up a bill and we should have it through by October."
Which is grossly unfair. Labour has actually been signalling this change through at least 2 elections, so they have a damn sight more mandate than most of the major changes in NZ law over the last 20 years.
In this case, I think they may be right. The Privy Council is past its use-by date. New Zealand has a bad habit of hanging onto British apron strings well past the point they want us to, and it often seems wrong to let go. So let go boldly I say.
It does seem absurd to have your highest court of appeal be in a country you have to aquire a visa to go and see. And having watched a young man applying for a visa to the UK, getting a visa is non-trivial. Admittedly the visa appeared to enable him to work, not just view judicial procedings, but still, it is an absurd barrier to put in the way of those who want justice.
If we must have an off-shore court, borrowing the Australian one would provide some of the international standards the privy council is supposed to provide, and at least allow most New Zealand passport holders access.
I am much less convinced that the method for appointing judges is a good one, though I'm not sure that matters much at the moment. I would guess that one of the reasons our judiciary is somewhat unpolitical, is that it is so powerless. What is the point in having a stack of conservatives on the Supreme Court bench, if the Government of the Day can overrule them very shortly thereafter.
Posted by carla at October 15, 2003 01:51 PM