Posted by alexandra_k on December 6, 2020, at 1:24:20
i think the outcome is likely to be an empty declaration.
i think the outcome is likely to be 'they did violate the regulations in processing your application but no damages will be awarded to you'.
i think that is because the judge (who has been changed from the previous judge whom i criticised for being the son of the prime minister in charge of ensuring judicial review doesn't hold parliament to account for most of his lengthy career)... the judge... well, she had a case where a woman was wrongfully detained by the police when they had no grounds to have detained her for 15 and 1/2 hours.
and while declaring that to be something they did not have the authority to do the judge refused to grant compensation / damages.
so...
there is no deterrant. the government just does whatever it likes. the judiciry says 'that'll be tens of thousdands of dollars to the courts for taking the time to hear you whinge ineffectually about the governments crimes' at which point the judiciary says 'bad government they shuoldn't have done that' and proceeds to award no compensation.
i am confused about her ruling in that case...
it seemed as though she thought she was only to consider the particular 'causes of action' brought before her and that judicial review was itself insufficient as a cause of action for damages.
but the rules of the high court say that damages is available to judicial review. so.
it just doesn't make any sense at all in teh interests of justice to think that the government can violate someones liberty like that on whim withought paying a penalty or compensation.
i think that judgement is grounds right there to take to other governments. to declare our government to be invalid. broke the social contract. refused to uphold the rights of its people. a declaration without compensation sufficient to go some way towards justice - rebalancing or righting the wrong is, in fact, empty.
the government needs to be properly motivated or incentivised not to commit unlawful acts with impunity.
If the courts don't uphold that then the judiciary has undermined itself.
keep the borders closed. keep the trade sanctions in place.
the northern hemisphere is saying they see Jacinda Ardern and they understand how Hitler came to power.
Things are not good in NZ
poster:alexandra_k
thread:1112799
URL: http://www.dr-bob.org/babble/poli/20200805/msgs/1112799.html