An activist, hard left, High Court judge has decided that constitutional conventions separating the judiciary and Parliament don’t matter one iota, as she hands down a criminal friendly judgment:
A 501 deportee had several human rights breached by the Government and his treatment was unlawful, the High Court has found.
Two thousand people have been deported from Australia to New Zealand since 2014 under s 501 of Australia’s Migration Act 1958, giving them the name “501” deportees.
G, as he was called in the judgment, was deported from Australia in 2019 after serving five years in prison in New South Wales for supplying drugs. He represented himself in the court case in Wellington.
He had lived in Australia since 1997, when he was 11 years old. All of his family members live in Australia.
The judgment, delivered by Justice Cheryl Gwyn in the Wellington High Court, found that the deportee’s treatment as a 501 returned prisoner from Australia breached the right to natural justice, freedom of movement, and to be free from unreasonable search and seizure.
Stuff
Parliament explicitly passed a law to allow authorities to collect fingerprints from the deportees. But Justice Cheryl Gwyn has decided to ignore constitutional conventions, ignore the law, and consequently write new law saying that this doesn’t apply to deportees who had already committed crimes overseas but only to future deportees who commit future crimes. This was not the intent of Parliament.
This is simply judicial activism and must be challenged in the Court of Appeal, immediately.
What is amazing is that the High Court is suddenly enamoured of human rights and the Bill of Rights, despite repeatedly ignoring all the egregiously offensive breaches by this Government of the Bill of Rights in enforcing draconian vaccine mandates, mask mandates and lockdowns. It seems that the judiciary and the Government recognise the rights of criminals but not those of hard-working honest citizens.
I’ve had the distinct displeasure of being interrogated by Cheryl Gwyn when she was the Inspector-General of Intelligence and Security. It was like being sized up by a mangy, starving hyena looking for a snack. There were no redeeming features to her as she set about trying to run Nicky Hager’s bullshit lines based on his work of fantasy Dirty Politics.
She is well known for hard-left politics and activism, so it was of little surprise to see that she was the dud judge that dreamed this up.
Both Jacinda Ardern and Kiri Allen have mouthed empty platitudes, but neither of them has stated that this judgment will be appealed.
Crown Law, however, have announced that the Crown will appeal this egregious judgment.
Crown Law has filed an appeal over a recent bombshell High Court decision that could have wide-ranging implications on how 501 deportees from Australia are treated upon their return to New Zealand.
Justice Cheryl Gwyn issued a 45-page judgment on Monday in the case of a deported drug dealer identified only as “G”, finding that special conditions put upon him were a violation of the Bill of Rights Act because they amounted to double jeopardy.
On Wednesday evening, Crown Law issued a statement saying it had filed an appeal against the High Court decision.
“An application has been made to the Court of Appeal for an urgent fixture in light of the potential impact of that decision on the management regime established under the Returning Offenders (Management and Information) Act 2015,” the statement said.
Crown Law said it would not comment further now the appeal has been filed.
NZ Herald
So, it looks like Crown Law has looked at the weasel-words from the PM and the Justice Minister and forced their hands by appealing anyway.
Good.
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