1 00:00:00,040 --> 00:00:01,560 Speaker 1: You're gonna have to indulge me on this one because 2 00:00:01,560 --> 00:00:03,000 Speaker 1: I haven't been here all week, but I need to 3 00:00:03,000 --> 00:00:06,040 Speaker 1: talk about the Supreme Court decision that came out earlier 4 00:00:06,240 --> 00:00:08,039 Speaker 1: in the week, because I think it was actually probably 5 00:00:08,080 --> 00:00:10,000 Speaker 1: one of the most significant things to have happened in 6 00:00:10,080 --> 00:00:12,280 Speaker 1: the last few days. If you don't know what I'm 7 00:00:12,320 --> 00:00:15,200 Speaker 1: talking about, I'm referring to the Supreme Court decision on 8 00:00:15,280 --> 00:00:18,520 Speaker 1: the Marine and Coastal Area Act, and it was important 9 00:00:19,200 --> 00:00:23,040 Speaker 1: mainly because it overturned a Court of Appeal decision, and 10 00:00:23,160 --> 00:00:25,959 Speaker 1: that Court of Appeal decision was widely seen as one 11 00:00:26,000 --> 00:00:28,920 Speaker 1: of the most egregious cases of courts basically ignoring what 12 00:00:28,960 --> 00:00:31,920 Speaker 1: Parliament wanted and just doing what they wanted to do themselves, 13 00:00:32,280 --> 00:00:35,320 Speaker 1: because Parliament in this particular case had been very very clear, 14 00:00:35,800 --> 00:00:38,599 Speaker 1: very clear that here we could only claim rights over 15 00:00:38,680 --> 00:00:41,960 Speaker 1: certain parts of the foreshore and seabed and very specific circumstances. 16 00:00:41,960 --> 00:00:44,240 Speaker 1: And what the Court of Appeal had decided was that 17 00:00:44,440 --> 00:00:47,440 Speaker 1: Parliament didn't really mean that. No, it said that, but 18 00:00:47,479 --> 00:00:49,040 Speaker 1: it didn't really mean that. So it was just going 19 00:00:49,080 --> 00:00:50,840 Speaker 1: to write some new rules and it's what it did, 20 00:00:51,240 --> 00:00:54,040 Speaker 1: and it was completely bollocks and nuts everybody looked at 21 00:00:54,040 --> 00:00:57,920 Speaker 1: it and went, how can anybody think that this is okay? Well, 22 00:00:57,960 --> 00:00:59,680 Speaker 1: thank god that the Supreme Court did not think it 23 00:00:59,720 --> 00:01:02,520 Speaker 1: was okay. And these guys are more senior judges obviously, 24 00:01:02,560 --> 00:01:03,960 Speaker 1: and they came out this week and said to the 25 00:01:03,960 --> 00:01:06,319 Speaker 1: lower Court, no, you're wrong, you erd in that decision, 26 00:01:06,640 --> 00:01:08,880 Speaker 1: and they set the thing right. Now, why I think 27 00:01:08,880 --> 00:01:11,520 Speaker 1: this is important is because this actually goes beyond this 28 00:01:11,600 --> 00:01:14,160 Speaker 1: one piece of law. Right. This is actually a significant 29 00:01:14,160 --> 00:01:17,240 Speaker 1: problem we've got at the moment where the judiciary has 30 00:01:17,319 --> 00:01:20,280 Speaker 1: basically just gone off on this really weird tangent where 31 00:01:20,280 --> 00:01:22,520 Speaker 1: they think that they are the ones writing laws and 32 00:01:22,560 --> 00:01:24,880 Speaker 1: they can just ignore what Parliament wants and they can 33 00:01:24,920 --> 00:01:27,440 Speaker 1: call all the shots, and they act like Parliament is 34 00:01:27,440 --> 00:01:29,240 Speaker 1: full of a bunch of idiots and we need to 35 00:01:29,280 --> 00:01:32,800 Speaker 1: be saved from them. The Court of Appeal decision was 36 00:01:32,880 --> 00:01:34,880 Speaker 1: only one of the examples of this. It was the 37 00:01:34,880 --> 00:01:38,040 Speaker 1: most high profile, but there are heaps of other examples, 38 00:01:38,040 --> 00:01:41,760 Speaker 1: for example three strikes where they just ignored the three 39 00:01:41,800 --> 00:01:45,560 Speaker 1: strikes law in so many cases, or even more recently, 40 00:01:45,600 --> 00:01:48,360 Speaker 1: the cases you know those forty two k c's who 41 00:01:48,400 --> 00:01:50,280 Speaker 1: wrote the open letters to the government about the Treaty 42 00:01:50,320 --> 00:01:53,280 Speaker 1: Principles Bill. They actually said in that letter, we're not 43 00:01:53,320 --> 00:01:56,240 Speaker 1: sure that you actually can pass laws like this. Hello, 44 00:01:56,720 --> 00:02:01,040 Speaker 1: Yes you can your parliament. It's bizarre cases even would 45 00:02:01,080 --> 00:02:05,240 Speaker 1: say something like that anyway. Mainly, the point I'm trying 46 00:02:05,280 --> 00:02:08,359 Speaker 1: to make is that the overreach from the judiciary has 47 00:02:08,400 --> 00:02:10,880 Speaker 1: gone way too far and has got to stop. It's 48 00:02:10,960 --> 00:02:14,040 Speaker 1: actually a real problem for democracy because democracy relies on 49 00:02:14,080 --> 00:02:16,920 Speaker 1: Parliament being able to call the shots and everybody just 50 00:02:16,919 --> 00:02:18,960 Speaker 1: about going. We might not like the law, but that's 51 00:02:19,000 --> 00:02:21,040 Speaker 1: the law now. So I'm pleased to see that the 52 00:02:21,120 --> 00:02:22,840 Speaker 1: Court of Appeal has been put back in its place 53 00:02:22,840 --> 00:02:24,600 Speaker 1: by the Supreme Court this week, and I'd like to 54 00:02:24,600 --> 00:02:27,840 Speaker 1: see more of that. Please. For more from Hither Duplessy 55 00:02:27,880 --> 00:02:30,720 Speaker 1: Allen Drive, listen live to news talks. 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