Legislative right ‘in no doubt’

Press, 15 July 1982, Page 6

Legislative right ‘in no doubt’

PA Invercargill Parliament's right to pass a law confirming the Crown’s Clutha water rights was in no doubt, said the Minister of Justice (Mr McLay) vesterday. He told Invercargill businessmen that Parliament had that right, even if the legislation interfered with the rights of the eight remaining objectors to the water right for the Clyde high dam. The essential issue was whether the Government should do it — not whether the Government could do it.

Mr McLay said that the rebel National member, Mr M. J. Minogue, acknowledged that Parliament had the constitutional right to pass empowering legislation. Mr Minogue’s argument was "essentially a political argument,” Mr McLay said. Mr Minogue was merely saying that Parliament should not use the power that it undoubtedly had. ’ Mr McLay attacked "selfproclaimed constitutional experts” who he said were misleading the public on the water right issue. The Planning Tribunal would not reconvene to consider the water right issue until August 2. Any decision it made would still be subject to further appeals both in the High Court and the Court of Appeal, he said.

"With the best will in the world, and with the maximum possible co-operation from everyone — the objectors and the court — all those legal proceedings can-

not be completed before the end of the year at the earliest,” said Mr McLay. _ There was only one way that work on the dam site could continue after the end of this month, and that was for Parliament to pass, or ensure that it could pass, legislation confirming the water right. . The Chief Justice, Sir Ronald Davison, will make no comment on whether the Government should pass special legislation to build the Clyde high dam. He did not wish to speak to the press on the matter, he said yesterday. ;

The New Zealand Law Society is also withholding comment on the propriety of the Government’s passing legislation that would overturn any court decision unfavourable to it A spokesman for the office of the Chief Justice said that Sir Ronald might, have a personal opinion, but that traditionally he did not comment publicly on "matters concerned with the judicial process.” Mr McLay was originally to have visited the Clyde dam today, but is unable' to do so because of snow.