1 00:00:00,240 --> 00:00:02,400 Speaker 1: The debate of a compulsory teaching a Marii lessons for 2 00:00:02,480 --> 00:00:04,320 Speaker 1: law students. So we've talked about this on the program 3 00:00:04,320 --> 00:00:07,320 Speaker 1: before reaches Parliament today King's Council Gary Judd's taking his 4 00:00:07,440 --> 00:00:10,879 Speaker 1: fight to the Government Regulations Review Select Committee. Now he 5 00:00:11,000 --> 00:00:13,520 Speaker 1: argues the Council of Legal Education is stepping outside it's 6 00:00:13,600 --> 00:00:17,239 Speaker 1: remit by forcing non proper law subject on students and 7 00:00:17,280 --> 00:00:20,880 Speaker 1: Gary's back with us. Gary, morning to you since we 8 00:00:20,960 --> 00:00:23,040 Speaker 1: last talked, what sort of reaction have you got? 9 00:00:25,320 --> 00:00:31,040 Speaker 2: Well, I think the people are becoming more and more 10 00:00:31,920 --> 00:00:36,600 Speaker 2: understanding of the fact that we have an activist of 11 00:00:36,720 --> 00:00:40,839 Speaker 2: politically activist judiciary at the moment. This of course is 12 00:00:40,880 --> 00:00:43,159 Speaker 2: not all judges, but some of them seem to have 13 00:00:44,000 --> 00:00:49,120 Speaker 2: gained the view that instead of being there as impartial 14 00:00:49,320 --> 00:00:53,680 Speaker 2: deciders of the particular case, they are there to make 15 00:00:54,040 --> 00:00:58,160 Speaker 2: an unmake law, which of course is the province of Parliament. 16 00:00:59,000 --> 00:01:04,080 Speaker 2: Now this committee, the Regulation Review Committee, has the ability 17 00:01:04,120 --> 00:01:07,800 Speaker 2: to send a very strong signal that this is not 18 00:01:08,040 --> 00:01:14,720 Speaker 2: acceptable by disallowing regulations which have been passed by the 19 00:01:14,800 --> 00:01:19,479 Speaker 2: Council of Legal Education to make tea Kunger compulsory for 20 00:01:19,800 --> 00:01:24,840 Speaker 2: law students and to infuse Tea Kunger into all aspects 21 00:01:25,080 --> 00:01:31,120 Speaker 2: of our legal system. Now, if the Committee decides that 22 00:01:31,760 --> 00:01:35,360 Speaker 2: it should move a resolution in the House to disallow 23 00:01:35,440 --> 00:01:40,319 Speaker 2: these regulations, it will be sending a powerful signal to 24 00:01:41,480 --> 00:01:46,080 Speaker 2: those who should hear it that this is not acceptable. Well, if, 25 00:01:46,120 --> 00:01:50,640 Speaker 2: on the other hand, they decide not to do anything, 26 00:01:50,880 --> 00:01:53,520 Speaker 2: they will essentially be seen as giving the green light 27 00:01:54,160 --> 00:01:56,400 Speaker 2: to what is ready his political activisity. 28 00:01:56,480 --> 00:01:58,480 Speaker 1: Here's my problem, Gary, I talked to the Prime Minister 29 00:01:58,520 --> 00:02:02,360 Speaker 1: about something very similar. The Solicitor General's instructions for prosecution 30 00:02:02,440 --> 00:02:04,440 Speaker 1: in the Court says of January this year he ran 31 00:02:04,480 --> 00:02:06,480 Speaker 1: for the hills. He says, it's all independent, it's not 32 00:02:06,520 --> 00:02:08,360 Speaker 1: about me. There's nothing I can do. I don't like 33 00:02:08,400 --> 00:02:10,760 Speaker 1: the sound of it. Why wouldn't the Committee say the 34 00:02:10,800 --> 00:02:12,839 Speaker 1: same thing today? All the courts don't want to touch them? 35 00:02:13,760 --> 00:02:17,519 Speaker 2: Well, well think they do. But I think this actually 36 00:02:17,600 --> 00:02:23,560 Speaker 2: is a watershed moment for Parliament. If they don't do anything, 37 00:02:24,440 --> 00:02:26,360 Speaker 2: This is the point that I'm making. If they don't 38 00:02:26,400 --> 00:02:29,480 Speaker 2: do anything, they will be seen to be giving the 39 00:02:29,560 --> 00:02:32,520 Speaker 2: green light to the sort of activism and it is 40 00:02:33,000 --> 00:02:37,200 Speaker 2: very very damaging to New Zealand socially, but not just 41 00:02:37,320 --> 00:02:42,800 Speaker 2: socially but also economically. Because tea Hunger is a sort 42 00:02:42,840 --> 00:02:47,600 Speaker 2: of a flexible type of it's interpreted. 43 00:02:47,800 --> 00:02:49,720 Speaker 1: You can make it, you can interpret it any way 44 00:02:49,720 --> 00:02:50,000 Speaker 1: you like. 45 00:02:50,639 --> 00:02:53,640 Speaker 2: It's not really law at all. Now, you know, for 46 00:02:53,919 --> 00:02:58,200 Speaker 2: accustom to the over hundreds of years it's been a 47 00:02:58,440 --> 00:03:01,200 Speaker 2: law was built up that for a custom to be 48 00:03:01,480 --> 00:03:04,959 Speaker 2: accepted as law, it had to be certain and consistent, 49 00:03:05,840 --> 00:03:08,680 Speaker 2: it had to be reasonable, and it had to be 50 00:03:08,800 --> 00:03:13,280 Speaker 2: not repugnant to justice and morality. Now, what the Supreme 51 00:03:13,360 --> 00:03:18,200 Speaker 2: Court has said is that because Tea Kunger cannot satisfy 52 00:03:18,320 --> 00:03:22,640 Speaker 2: those tests, therefore the tests have to change. I mean, 53 00:03:22,720 --> 00:03:26,000 Speaker 2: it really is an unbelievable situation because if the judges 54 00:03:26,040 --> 00:03:29,840 Speaker 2: were doing their job properly, they would have said, those 55 00:03:29,880 --> 00:03:34,400 Speaker 2: things are required before a customer can be recognized as law. 56 00:03:35,000 --> 00:03:39,480 Speaker 2: Ta Kunger cannot satisfy those requirements. Therefore we reject the 57 00:03:39,520 --> 00:03:41,800 Speaker 2: notion of Tea Kung of being part of the law. 58 00:03:42,040 --> 00:03:43,920 Speaker 1: You were one hundred percent correct, Gary, But whether or 59 00:03:43,960 --> 00:03:45,600 Speaker 1: not you'll get that across the line today is going 60 00:03:45,640 --> 00:03:47,400 Speaker 1: to be a great fascination to me. So I appreciate 61 00:03:47,400 --> 00:03:50,040 Speaker 1: your time very much, Gary. Jud caase for more from 62 00:03:50,080 --> 00:03:53,200 Speaker 1: the mic, asking Breakfast, listen live to news talks that'd 63 00:03:53,200 --> 00:03:56,280 Speaker 1: be from six am weekdays, or follow the podcast on 64 00:03:56,320 --> 00:03:57,080 Speaker 1: iHeartRadio