The Christchurch Civic Creche Case

News Reports Index

1999 Jan-June



NZ Parliament
February 25, 1999

Questions for Oral Answer

Question No - 1

Petition for Pardon---Peter Ellis


1. Ron Mark (NZ First) to the Minister of Justice:
Noting that the next Parole Board hearing for Peter Ellis is due next month, can he explain why the petition to the Governor-General for a pardon, filed 16 November 1998, has still not been dealt with?

Hon. Tony Ryall (Minister of Justice):
The petition lodged by Mr Ellis on 16 November 1998 seeks a free pardon in respect of the sexual indecency charges on which he remained convicted. It is the second such petition lodged by Mr Ellis. His first petition, which also sought a free pardon, was lodged on 1 December 1997 and resulted in his case being referred back to the Court of Appeal for further consideration following the provision of formal advice to the Governor-General by the then Minister of Justice, Sir Douglas Graham, in March of last year. The Court of Appeal hearing is set down for the week commencing 31 May 1999. The second petition lodged by Mr Ellis canvasses many of the issues raised in the first petition and also raises a number of new and complex issues that require detailed consideration. It is expected that formal advice will be provided to His Excellency the Governor-General on the second petition before the Court of Appeal hearing in May. The fact that Mr Ellis is to be considered by the Parole Board next month is unconnected with the consideration of his petition to the Governor-General, and it should not detract, therefore, from the need to examine the petition carefully.

Ron Mark:
Given that the final decision might well have implications for the Government and the judicial system of New Zealand, and recognising that justice delayed is justice denied, does it not warrant the urgent attention of the Minister and an answer to him before the Parole Board sits?

Hon. Tony Ryall
No, I believe---and I am sure the member would agree---that the matters raised in the second petition are quite new and complex. I want to give it full consideration. I will be able to do that before 31 May. I do not feel that we will be in a position to do that before the Parole Board hearing.

Pansy Wong:

How many petitions to the Governor-General are currently being investigated, and should the Ellis petition be treated any differently?

Hon. Tony Ryall
Five petitions to the Governor-General are currently under consideration, including one from David Bain. These petitions raise numerous and complex issues that need to be investigated in depth. While it would be unfair to give special priority to the petition lodged by Mr Ellis, the Government is aware of the importance of completing any investigations into that petition before the Court of Appeal hearing in May.

Hon. Phil Goff:
Has the Minister been advised by his officials that anything in the new evidence put forward by Mrs Ablett-Kerr would create reasonable doubt as to the conviction entered into for Mr Ellis?

Hon. Tony Ryall
I have not yet had the opportunity to receive the report from Ministry of Justice officials.


 




NZ Parliament

February 25, 1999

Questions for Oral Answer

Question No - 1

Petition for Pardon---Peter Ellis


1. Ron Mark (NZ First) to the Minister of Justice:
Noting that the next Parole Board hearing for Peter Ellis is due next month, can he explain why the petition to the Governor-General for a pardon, filed 16 November 1998, has still not been dealt with?

Hon. Tony Ryall (Minister of Justice):
The petition lodged by Mr Ellis on 16 November 1998 seeks a free pardon in respect of the sexual indecency charges on which he remained convicted. It is the second such petition lodged by Mr Ellis. His first petition, which also sought a free pardon, was lodged on 1 December 1997 and resulted in his case being referred back to the Court of Appeal for further consideration following the provision of formal advice to the Governor-General by the then Minister of Justice, Sir Douglas Graham, in March of last year. The Court of Appeal hearing is set down for the week commencing 31 May 1999. The second petition lodged by Mr Ellis canvasses many of the issues raised in the first petition and also raises a number of new and complex issues that require detailed consideration. It is expected that formal advice will be provided to His Excellency the Governor-General on the second petition before the Court of Appeal hearing in May. The fact that Mr Ellis is to be considered by the Parole Board next month is unconnected with the consideration of his petition to the Governor-General, and it should not detract, therefore, from the need to examine the petition carefully.

Ron Mark:
Given that the final decision might well have implications for the Government and the judicial system of New Zealand, and recognising that justice delayed is justice denied, does it not warrant the urgent attention of the Minister and an answer to him before the Parole Board sits?

Hon. Tony Ryall
No, I believe---and I am sure the member would agree---that the matters raised in the second petition are quite new and complex. I want to give it full consideration. I will be able to do that before 31 May. I do not feel that we will be in a position to do that before the Parole Board hearing.

Pansy Wong:

How many petitions to the Governor-General are currently being investigated, and should the Ellis petition be treated any differently?

Hon. Tony Ryall
Five petitions to the Governor-General are currently under consideration, including one from David Bain. These petitions raise numerous and complex issues that need to be investigated in depth. While it would be unfair to give special priority to the petition lodged by Mr Ellis, the Government is aware of the importance of completing any investigations into that petition before the Court of Appeal hearing in May.

Hon. Phil Goff:
Has the Minister been advised by his officials that anything in the new evidence put forward by Mrs Ablett-Kerr would create reasonable doubt as to the conviction entered into for Mr Ellis?

Hon. Tony Ryall
I have not yet had the opportunity to receive the report from Ministry of Justice officials.