This is something the government and its media lapdogs don't want you to know about
Retiring judge fears for the future of the rule of law in NZ
There’s another very disturbing factor in what has now morphed into another serious judicial fiasco and the pattern of corrupt political behavior around it – the role that the country’s judiciary appear to have performed in this case is seriously questionable; begging the question, is the New Zealand judiciary now at the beckon-call of the country’s seriously small political elite?
McGrath’s concerns never made a half serious newspaper column, nor did any of the country’s editors pick up on his warning. Instead the best that could be done was a flippant piece penned by Mr jocular himself, Jock Anderson, in his weekly column “Case Load” for the New Zealand Herald:
9:30 AM Friday Apr 10, 2015
A statutory provision affirming New Zealand’s commitment to the rule of law will soon disappear from the statute book – and retiring Supreme Court judge Sir John McGrath (70)doesn’t like it.
In his recent retirement speech, Sir John – a former solicitor general – expressed concern at the removal of a provision on the rule of law from legislation governing the Supreme Court.
Sir John said though the Constitution Act 1986 provided for Parliament to be the supreme law-making power of the nation, there was no equivalent provision stating the role of the judicial branch “or indeed the underlying concept of the judicial function which is to uphold the rule of law”.
He said the gap was filled to some extent by the establishment of the Supreme Court in 2003. The establishing legislation stipulated that nothing in it “affects New Zealand’s continuing commitment to the rule of law and sovereignty of Parliament”.
But he said the statutory provision would be repealed if the Judicature Modernisation Bill, which recently had its second reading, is enacted in its present form.
“If that happens, in the new statute providing for senior courts, we will no longer have this meaningful statutory recognition of both the judicial and legislative roles,” Sir John said.If the Sabin abuse case is anything to go by it would seem that at least one of those “rule of law”fears may have already started to manifest – the current New Zealand government believing itself to be above the law.
Justice McGrath’s full speech can be read HERE.