28 October 2008

Honorary Consul to Monaco - Cabinet Papers

> OneNews: "Email trail relinks Peters to Glenn" > KiwiBlog: "The corruption of the Clark/Peters Government"

Peters role in the purportedly recommending that Owen Glenn be appointed the Honorary Counsul to Monaco has once again hit the wires. Some time ago I made an OIA request to obtain any Cabinet papers on such an appointment since the beginning of 2006 or alternatively to obtain confirmation that none exist. Below is the response I received, confirming that no such paper was put to Cabinet (it was also clarified that the response also applied to Cabinet Committees as well as Cabinet itself):

Of course, one would have expected such an appointment to be approved by Cabinet. As the Cabinet Guide records:

Which appointments should be considered by Cabinet? The collective interest of the government is best served if the whole of Cabinet participates in the making of appointments. In general, all but the most minor appointments made by Ministers, or by the Governor-General on the advice of a Minister, should first be considered by APH. Even where an appointment is the responsibility of a particular Minister, it is important that it is raised with colleagues to ensure the widest possible input into the appointment process.

See also para 5.12(l) of the Cabinet Manual.

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Course Outline

Lord Justice Lawton in Maxwell v Department of Trade and Industry [1974] 2 All ER 122 said:

"From time to time ... lawyers and judges have tried to define what constitutes fairness. Like defining an elephant, it is not easy to do, although fairness in practice has the elephantine quality of being easy to recognise. As a result of these efforts a word in common usage has acquired the trappings of legalism: 'acting fairly' has become 'acting in accordance with the rules of natural justice', and on occasion has been dressed up with Latin tags. This phrase in my opinion serves no useful purpose and in recent years it has encouraged lawyers to try to put those who hold inquiries into legal straitjackets.... For the purposes of my judgment I intend to ask myself this simple question: did the [decision-maker] act fairly towards the plaintiff?"

This course examines the elephantine concept of fairness in the law, along with other contemporary legal issues.

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