Monday, October 15, 2012

Injunction time

When the government paused its asset-sales programme for "consultation" a few months ago, we all knew that it was a box-ticking exercise which would change nothing. And as expected, it hasn't - they've announced that they will move immediately to remove Mighty River Power from the State-Owned Enterprises Act, so they can flick it off next year.

So, its injunction time. As with New Zealand Maori Council v Attorney-General (1987), the government is attempting to sell Treaty redress, in violation of clear law saying that it must act consistently with the principles of the Treaty. In 1987, the courts were clear that that was not acceptable, and enjoined any asset-transfer. The question is whether the government's bad-faith "consultation" will fool them into changing their minds. Given the direction of Treaty jurisprudence over the last 25 years, I doubt it.