Fair and Reasonable Update: Review at 12 months, and the plan aheadBy Michael Dowling, COLFO
- 27th Aug, 2020 Aug 27, 2020, 12:29 PM
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A little over 12 months ago, we pulled together the ‘Fair and Reasonable’ campaign to fight back against the Government’s vilification of Licenced Firearms Owners, and our way of life.
Last week, we received the High Court decision on costs in relation to our judicial review of Stuart Nash’s decision on compensation for banned ammunition.
In it, the High Court Judge reduced the costs awarded - he reiterated what had been said in the June judgment: that, in general and at common law, New Zealanders have a right to compensation when government abrogates property rights.
Despite our narrow loss (which is why we’re currently appealing to the Court of Appeal) Cooke J’s decision on costs acknowledges that our case was brought in the public interest.
“We must continue to fight for our rights, including to property, and compensation when the state takes it from us.”
He said that the “Court’s judgment vindicated the (property compensation) right notwithstanding that the claims were unsuccessful.”
The Judge said individuals and groups seeking to uphold rights should not be dissuaded from taking court action by cost awards.
“Questions of legality, and legal principle, should be central when the government is responding to a crisis or emergency. Litigation challenging decisions made in such circumstances is not to be discouraged by costs awards, particularly if it properly concerns the protection of individual rights... These factors should be taken into account in deciding costs in this case.”
We must continue to fight for our rights, including to property, and compensation when the state takes it from us. As well as the appeal (which we’ll keep you updated on) here’s our summary of the year that was:
Thanks again for you, and all the others like you, who make this work possible.
Council of Licenced Firearms Owners
(on behalf of the Fair and Reasonable Campaign)
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- 2nd Sep, 2020
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