Court rules against Govt
PA Wellington The Court of Appeal has ruled unanimously that Cabinet papers relating to the decision to use fast track planning procedures for the Aramoana aluminium smelter should be presented to the court today. The environmental groups, the Royal Forest and Bird Society and the Environmental Society, have sought access to the papers so they can oppose Cabinet’s decision to implement National Development Act procedures. An approach to the court earlier this month, ended with the Court ruling that the Cabinet documents should be made available. The decision has, however, been contested by the acting Prime Minister (Mr MacIntyre). The Court on Tuesday heard arguments from the Solicitor-General, Mr D. P. Neazor, on behalf of the Government. - Mr Neazor said the entire workings of Cabinet were being asked to be opened by litigation. He said there were, and on past decisions of the Court, sound claims for privilege in the public interest against production of the documents.
Dr G. P. Barton, representing the environment groups, said that in the substance there was a claim from the Government of immunity called Crown privilege.
The Minister’s certificate as to public interest had to be weighed by the Court against the public interest that justice should be administered in the usual way. It was not a question of •delving into Government policy, rather of knowing what matters were being taken into consideration.
In its decision, the Court has ruled it will view the papers and make a decision as to their value as evidence in court proceedings planned by the environmental groups against the April 27 decision by Cabinet to use the National Development Act.
The Court said it would weigh the value of the documents as evidence against any public interest served by excluding them from evidence. The Court said it did not think the public interest would be imperilled by it •viewing the documents. On the contrary ... it seemed the public interest required it to do so.
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Press, 25 June 1981, Page 4
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330Court rules against Govt Press, 25 June 1981, Page 4
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