Cabinet to file 'placeholder' appeal in Teina Pora compo case

Teina Pora took a judicial review of the decision not to include inflation in compensation paid to him after he was wrongfully convicted of the 1992 rape and murder of Susan Burdett. Photo / Nick Reed

The Government has today agreed to file a "placeholder" notice of appeal against a court decision that went in favour of Teina Pora - but only as a holding measure.

Pora took a judicial review of the decision not to include inflation in compensation paid to him after he was wrongfully convicted of the 1992 rape and murder of Susan Burdett. From $500,000 to $600,000 may be at stake.

Cabinet conventions dictated that the Government was currently in a caretaker role and as such taking any substantive decisions was inappropriate, Justice Minister Amy Adams said.

"Filing the notice of appeal means that all courses of action are preserved for an incoming government ... If the incoming government does not wish to appeal, the notice can be easily withdrawn.

Cabinet conventions dictated that the Government was currently in a caretaker role and as such taking any substantive decisions was inappropriate, Justice Minister Amy Adams said. Photo / Supplied

"However because the time to file the appeal expires on September 26 this decision had to be taken today."

Justice Ellis said the minister had made an error in interpreting the guidelines around compensation.

"That error caused, or was compounded by, further errors in the minister's advice to Cabinet and in the reasons for the Cabinet decision itself."

Pora's lawyer, Jonathan Krebs, said an actuary had estimated the inflation would add an additional $500,00 to $600,000 to the compensation payment of $2.52 million received by Pora who had spent 20 years in prison.