Chris Carter and the environmental court

**heavenly.talker** · 7th March 2006, 18:19

Chris Carter’s overturning of the environment court’s ruling makes a mockery of the judicial system. It also interferes with the principle of judiciary independence and the supposed separation of powers (one of the first topics taught in law 101).

With one over-reaching use of his stamp, Carter has provided further disincentives to forward thinking organisations from applying for due consideration in an already mired and confusing area of the law. It has also undermined decisions made and being made in the environmental court.

My concern is for the people that have spent 14 years of following process and millions of dollars to reach a positive, go ahead, verdict from the environmental court. Can they apply for their money back now that Carter has decided not to trust nor heed the decision demanded from their own appointments…the application of the law (devised by the legislature/executive themselves) after due and unbiased interpretation of the law and consideration of the facts? Damages for wasting their time and resources might be an excellent place to start!

A judiciary review is unlikely to clip his wings and means more investment of time and money into a project that has already cost many areas of the community (not just the developers) money.

BAH!!! New Zealand, what on earth is happening to the country I love? More and more, it appears as though people trying to make a difference, generate income for a better economy, and for their families, are brushed aside/off for the benefit of people who are content to coast (or maybe that should be surf or gather) from the system!

Give me a country where the knowledge wave and increased GDP is more than a theoretical proposition and the government is encouraging business and the people it involves, to make it a practical applied vision.

**Finn** · 7th March 2006, 18:22

Yip it sucks big time. But what do you expect from a left wing homo?

It's because of bullshit like this I gave up taking NZ seriously years ago.

**Colapop** · 7th March 2006, 18:27

The RMA is bad enough - what's the point in constructive development if the decision comes down to a politition who has no vested interest other than pandering to the Green party who have proven to be a spent force in recent times (at least since the other parties haved actually got green policies now)

Project Aqua, the 400kV Natonal Grid upgrade, various developments around the country, we have an overly bureaucratic minefield instead of a workable usable set of laws that allow for improvements. Instead of pandering to every tree hugging, namby pamby, pinko communist, N.I.M.B.Y left whinger out there why don't we have a set of laws "by the people, for the people"?

**crashe** · 7th March 2006, 18:39

Hey guys can we keep his sexuality out of it...
What he has done has nothing to with his sexuality...

What I am interested in, is reading more stuff about the reason why he has done this and why the people are up in arms over it..
So can we stick to actual facts....

heavenly.talker - Thanks for your imput by starting the thread off...

I did watch some of it on Close up on TV1 at 7pm.

**heavenly.talker** · 7th March 2006, 18:53

My understanding of what has happened this time is that Chris Carter went and talked to iwi and surfers after the enironment court had already addressed their concerns.

He was unduly swayed by the emotive requests (even the courts addressed them) and decided to veto the project!

Big step!!!!

**HenryDorsetCase** · 7th March 2006, 20:09

Originally Posted by heavenly.talker

Chris Carter’s overturning of the environment court’s ruling makes a mockery of the judicial system. It also interferes with the principle of judiciary independence and the supposed separation of powers (one of the first topics taught in law 101).

I'd like to know whats got you in a tizz. Linkage please.

also (and no offence) its Environment Court (not environmental), and its judicial independence not judiciary.

and I do hope you got off your bike to the same extent when this crypto-fascist cabal did the same thing that you appear to be decrying last year, i.e. Foreshore and Seabed Act. That was a clear case of political expediency over ruling judicial process. Or didnt it matter because the only ones bleating were the "Bloody maoris" ?

no, Im not trying to start a flame war.

**Timber020** · 7th March 2006, 20:19

One of the problems with the resource consent process is that those who have the best lawyers generally win. Locals can be easily screwed over by the developers just because he has more $ invested in it and they better organised.

Ive seen alot of people screwed over by this process, good to see that theres an out when the court sucks.

**HenryDorsetCase** · 7th March 2006, 20:22

Originally Posted by Timber020

One of the problems with the resource consent process is that those who have the best lawyers generally win. Locals can be easily screwed over by the developers just because he has more $ invested in it and they better organised.

Ive seen alot of people screwed over by this process, good to see that theres an out when the court sucks.

a cynic might add to that "if its a marginal electorate full of hippies who can be dissuaded from voting Green or Maori in the next election"

**idb** · 7th March 2006, 20:28

Originally Posted by HenryDorsetCase

and I do hope you got off your bike to the same extent when this crypto-fascist cabal did the same thing that you appear to be decrying last year, i.e. Foreshore and Seabed Act. That was a clear case of political expediency over ruling judicial process. Or didnt it matter because the only ones bleating were the "Bloody maoris" ?

Maybe she hadn't quite finished Law 101 by then.

Of course the Foreshore and Seabed Act are crap, all law abiding citizens should be hugely concerned about these sorts of actions by the gummint.

It's populist politics is all, one is the bloody maoris and the other is the bloody rich.
That's what you get with a centrist government - they have to pander to the left and the right.....................or is it just that all of the politicians have beachfront cribs hmmmmmm?

**miSTa** · 7th March 2006, 20:43

Yet another example of only in New Zealand - some also ran politician knows better than the experts.

**heavenly.talker** · 7th March 2006, 20:45

Originally Posted by HenryDorsetCase

I'd like to know whats got you in a tizz. Linkage please.

also (and no offence) its Environment Court (not environmental), and its judicial independence not judiciary.

and I do hope you got off your bike to the same extent when this crypto-fascist cabal did the same thing that you appear to be decrying last year, i.e. Foreshore and Seabed Act. That was a clear case of political expediency over ruling judicial process. Or didnt it matter because the only ones bleating were the "Bloody maoris" ?

no, Im not trying to start a flame war.

Thanks for the corrections, my grammar needs work so I am happy to learn from others

No offence taken.

The Foreshore and Seabed Act is another example of government superceeding the judicial process. This is a worrying trend in New Zealand!

I'm not quite sure what you mean by linkage however the key idea of this post was to express my frustration and concern about government increasing interference in judicial independence.

I now ask you for your opinions on the subject...add to the debate rather than detract from an honest attempt to stimulate a post on current events

**HenryDorsetCase** · 7th March 2006, 20:49

I had no idea what you were on about so I had a look at the stuff site here's the link for anyone wanting to read the story.

I dont do TV "news", its shit. Except for Toni doing the weather, I just dont participate in it. I tape Gilmore Girls and watch that instead. (serious.)

I dont have an opinion yet on the story, I havent thought about it enough.

First I have to find out where Whanga mata is.