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Wednesday, August 22, 2012

Urewera appeal

People in the Tuhoe territory and Tangata Whenua of the surrounding districts await the outcome of two court cases that set the scope for Pakeha intrusion into the affairs of Maori. The third case - the prosecution of Elvis Teddy for fishing in front of the Brasilian survey vessel - was dismissed because the Crown was found not have had the authority to do what they did. So that's one out of three and not a bad start. The other two cases are similarly important in defining the limits and determining the appropriateness of the government's interaction with Maori.  The first is the 'Urewera 4'  case, the appeal of which is underway today.
via Twitter:
October15 Solidarity ‏@Oct15Solidarity
Urewera jury 'should have visited Ruatoki'
The second is the Takamore case which is being considerd by the Supreme Court.
Both have the potential to upset individuals, groups, communities and organisations which have a vested interest in the outcome - on all sides.  The sense of persecution in the Eastern Bay is already beyond feelings and into reality, but two negative decisions from the judiciary (likely to be an exclusively Pakeha bench in each case) could prove devestating to the credibility of the Crown. Some people aren't prepared to witness injustice without intervention and the courts will probably be aware of this when they make their rulings. How things go on the ground will largely be up to the Crown and what their actions are.

Adding to this East Coast woe is the unlawful Department of Conservation harrassment and confiscations happening on the waterways.  As they try to enforce the whitebait regulations on people who are not bound by them there can only be resentment towards Crown agents. This particular battle hasn't been resolved by the High Court as I know of another incident that needs my attention that is coming to the District Court soon.

It is Mississippi with a touch of Alabama down here and it will come to an end.


At 23/8/12 1:25 am, Blogger DebsisDead said...

I'm actually surprised at the results the supreme court has been handing out. They've been getting away with sticking hard to the rule of law, to the detriment of the govt's agenda on several reknown cases. the Nats have been primarily because their commercial decisions have been relentlessly neo-liberal repeteadly asserting property rights over social need.
That cannot lasy however. The history of courts who stand up to governments is not good and neo-con administrations like this one think nothing of using populist rhetoric and anti-judicial dog whistles about 'activist judges' (what conservatives call a judge who applies laws 'too literally' ie that conflicts with neo-con wishes) to intimidate the courts and bring them to heel.
The mild biffing the Waitangi tribunal copped from jonkey will be a gnat's bite compared to what Judith collins is likely to hand out to judges who display the balls to place the law ahead of politicians demands.
Remember our minister of justice isn't a lawyer!
They dispensed with that luxury after simon power pulled the pin in order to flog off access to former colleagues or whatever it is those Nat pols who put their cues in the rack well short of their official use by date, do get up to.
So putting a non-lawyer in the minister of justice gig makes it seem as tho the government who appointed the minister isn't greatly concerned about those law thingies.


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