Judges not a problem

By HELEN TUNNAH

A constitutional law expert has backed Government plans to scrap appeals to the Privy Council, saying New Zealand has the expertise to make its own final court judgments.

Professor Philip Joseph, of Canterbury University, said New Zealand had enough judges of high calibre to deliver robust decisions matching those of the Law Lords of the London-based Privy Council.

He added that a close knowledge of New Zealand was needed in the judiciary here.

The Government has proposed an end to New Zealanders' final appeal rights to the Privy Council.

It would be replaced by a Supreme Court, made up of only New Zealand judges.

The Supreme Court Bill has brought considerable opposition, particularly within the commercial law sector and Maoridom.

A select committee of MPs hearing submissions on the bill has already extended the deadline for public consultation, and yesterday began hearing the views of up to 20 more groups and individuals.

Professor Joseph said a view that the Treaty of Waitangi provided a personal covenant between the monarchy and Maori tribes was large in political and Maori mythology.

He said there had been no recognition that, with independence among Commonwealth nations, the ties to the monarchy had been severed, and any perceived personal covenants had devolved to each country's government.

"It always comes back to the treaty. It's always been seen to be in the nature of a personal covenant between Queen Victoria, through her emissary or agent, and the Maori tribes of New Zealand.

"That covenant has been seen in this mythical way to have been passed down through the various sovereigns and even with the advent of Commonwealth independence.

"What Maori have declined to recognise is this separation now, there's a severing of that continuity back to London."

He said he did not know how that view could be changed.

The committee chairman, Labour MP Tim Barnett, told the Herald the committee would hear from more witnesses, including by videolink from overseas, in the next few weeks.

He said the committee would also probably get a briefing on planned judicial changes announced in Britain last week, which may affect the position of the Law Lords and the Privy Council.