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United Future leader
Peter Dunne pointed out today that the legislation that will cause some bus
drivers to lose their jobs, because of minor sexual offences committed
several decades ago, appears to breach the New Zealand Bill of Rights Act
1990. "Section 26 states
that 'No one who has been finally acquitted or convicted of, or pardoned for,
an offence shall be tried or punished for it again,' " he said. "There's no doubt
that these drivers are being punished again for the crimes they committed and
were punished for decades ago as a result of the implementation of this
legislation. "This law, section
29A of the Land Transport Act, needs to be amended as a matter of urgency to
provide at least two things: · a limit on the
retrospectivity of the offending legislative provision and · the introduction of
appeal rights with retrospective effect. "The question is,
is this application of the law just in the circumstances of this case? "In every other
instance where Transport New Zealand has the power to revoke a P endorsement
there is a right of appeal. "Section 29B
specifically excludes a person who has been convicted of an offence specified
in section 29A (3) (b) (sex crimes) from the appeal process. "S29A is
retrospective without limitation. "The purpose of
the legislation is clear but a very blunt instrument has been employed to
remedy the harm identified," said Mr Dunne. |
