Legal Beagle by Graeme Edgeler

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Legal Beagle: Q&A: John Banks' judicial review

115 Responses

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  • BenWilson, in reply to Moz,

    Or to put it in terms he’s familiar with: as you give, so shall you receive.

    Heh, long live Kant? I'm down with deterrence, and removal of the the offender from ability to offend again, and restitution if possible. But not retribution. Tempting though it is. Last thing anyone needs is Banks sanctified as ACTs glorious martyr.

    Auckland • Since Nov 2006 • 10657 posts Report Reply

  • Moz, in reply to BenWilson,

    long live Kant?

    I was thinking that him being a fundamentalist Christian he'd appreciate a bit of biblical stylin'. But Kant also works for me.

    Banks sanctified

    If we send him off to the Vatican after he's convicted, can we refuse to let him back in on the grounds of poor character?

    Sydney, West Island • Since Nov 2006 • 1233 posts Report Reply

  • BenWilson, in reply to Moz,

    Aha, let me find Leviticus to see what his punishment should be....

    Hmmm, it's actually quite light on fraud. I was expecting a horsewhipping, or maybe bastinadoing (could be mixing up with Islam here). But it seems that it's only paying back what was taken fraudulently + 20%, with a sacrificial animal thrown in. So by the Bible he owes KDC 72 grand and a goat.

    Auckland • Since Nov 2006 • 10657 posts Report Reply

  • Moz, in reply to BenWilson,

    So by the Bible he owes KDC 72 grand and a goat.

    But the offense was also committed against the people of Aotearoa, so he owes us ... one term of being a 120% honest MP. And a goat.

    Sydney, West Island • Since Nov 2006 • 1233 posts Report Reply

  • BenWilson, in reply to Moz,

    True. He should be allowed to run for office again, so long as he openly acknowledges a love of KDC and all his works, and sacrifices a goat to him.

    Auckland • Since Nov 2006 • 10657 posts Report Reply

  • Sacha, in reply to BenWilson,

    72 grand and a goat

    make it a beagle

    Ak • Since May 2008 • 19740 posts Report Reply

  • Matthew Poole,

    So, Banks is going to jump rather than be pushed.

    ETA: We shall see in a week's time whether it's my assessment or Rich's that is correct.

    Auckland • Since Mar 2007 • 4097 posts Report Reply

  • Rich of Observationz,

    Oh, I don't think Labour will back a by-election. That would be far to attacky.

    Back in Wellington • Since Nov 2006 • 5550 posts Report Reply

  • BenWilson, in reply to Rich of Observationz,

    I don't think they should back it, either. It is actually a costly form of grandstanding.

    Auckland • Since Nov 2006 • 10657 posts Report Reply

  • Craig Ranapia, in reply to BenWilson,

    I don’t think they should back it, either. It is actually a costly form of grandstanding.

    And at least, as far as I understand the law, it can be avoided without a dirty little stitch-up to retrospectively change the Electoral Act under urgency, despite the utter lack of genuine public interest or constitutional urgency.

    North Shore, Auckland • Since Nov 2006 • 12370 posts Report Reply

  • Matthew Poole, in reply to Rich of Observationz,

    That would be far to attacky.

    What it would be is a gross waste of taxpayer money on a political stunt.

    Auckland • Since Mar 2007 • 4097 posts Report Reply

  • Russell Brown, in reply to BenWilson,

    I don’t think they should back it, either. It is actually a costly form of grandstanding.

    They won't. Cunliffe has basically said so.

    Auckland • Since Nov 2006 • 22848 posts Report Reply

  • Russell Brown, in reply to Craig Ranapia,

    And at least, as far as I understand the law, it can be avoided without a dirty little stitch-up to retrospectively change the Electoral Act under urgency, despite the utter lack of genuine public interest or constitutional urgency.

    Yes. Just a simple parliamentary vote.

    I presume you're referring to the vote to validate Harry Duynhoven's seat after he inadvertently made himself ineligible by seeking to resume his Dutch citizenship, which had lapsed thanks to a technical change by the Dutch government. There was no dishonesty involved.

    There was some urgency in the sense that if it hadn't been validated there would have to have been a costly by-election, which he would have won. I guess it was a matter of distaste for a retrospective law change vs a pointless waste of taxpayers' money.

    Auckland • Since Nov 2006 • 22848 posts Report Reply

  • Craig Ranapia, in reply to Russell Brown,

    There was some urgency in the sense that if it hadn’t been validated there would have to have been a costly by-election, which he would have won.

    ... and which, to be cold about it, no party really had the money or inclination to contest at that point in the electoral cycle. Which sucks for them (and I've eaten enough rubber chicken and brought enough raffle tickets to say that sincerely), but is a pretty lousy justification for fucking around with electoral law without proper select committee scrutiny or public input. And, in all candor, "it's too expensive" is about the worse argument against any by-election you can come up with. Hell, if you want to do democracy on the cheap and nasty that's what you're going to get. We do better than that.

    North Shore, Auckland • Since Nov 2006 • 12370 posts Report Reply

  • Ian Dalziel,

    For what it's worth...
    Christchurch now has a Council Community Board by-election coming up...

    By-election for Shirley–Papanui Community Board member
    Nominations are now open for candidates seeking a position representing the community on the Shirley–Papanui Community Board.
    The by-election will be held on Friday 29 August and is the result of the recent resignation of Shirley–Papanui Community Board Deputy Chair Gemma Maslin. Nominations must be received by Electoral Officer Clare Sullivan by noon on Thursday 3 July 2014.

    Christchurch • Since Dec 2006 • 7950 posts Report Reply

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