Crown wins step in fight for High Court Rankin suit

Crown lawyers have won the first stage of their battle to move Christine Rankin's $818,000 lawsuit against the State Services Commission to the High Court.

After two hours of discussion behind closed doors yesterday, Chief Employment Court Judge Tom Goddard decided to allow a preliminary hearing on two jurisdictional questions to go ahead on Wednesday. The decision came despite lawyers for Mrs Rankin modifying her statement of claim in an attempt to bypass objections raised by the Crown.

The State Services Commission was represented by Ellen France of the Crown Law Office yesterday, and lawyer Michael Quigg appeared for Mrs Rankin.

Mrs Rankin is suing the commission for not reappointing her as chief executive of Work and Income New Zealand. Her five-year term ends on July 5.

At the Employment Court in Wellington yesterday, Judge Goddard said the jurisdictional questions related to whether issues raised in Mrs Rankin's case relating to the employment of a chief executive fell under the State Sector Act 1988, or whether the Employment Relations Act also applied. The second question was whether the Employment Court had jurisdiction over the State Services Commissioner's decision not to recommend a chief executive be reappointed.

The commission wants the case moved to the High Court.

Speaking outside the court, Mr Quigg said the basic challenge from the Crown was that the provisions of the new Employment Relations Act did not apply to chief executives from state services.

"And we don't agree with that," he said.

Judge Goddard told the court he intended to deliver a prompt decision after next week's hearing so that the June 25 date for the main hearing would be unaffected.