Law changes swiftly passed through Parliament recently include changes to rules on greyhound racing, pay equity and disestablishing the Maori Health Authority - but the urgency have raised some hackles. Photo: 123rf
From a ban on greyhound racing to dismantling the Māori Health Authority, this government's hallmark is fast becoming its speed of lawmaking - and the industries and unions in the firing line aren't happy about it
The government is being accused of bulldozing through major reforms without proper consultation and is being hauled before the courts by a growing number of upset unions, groups, and industries.
From banning greyhound racing; to changes in pay equity; to scrapping the Māori Health Authority; and even the redress scheme for state abuse survivors, ministers have been accused of sidelining the public and cutting corners on process.
"All governments do it," Newsroom political editor Laura Walters tells The Detail.
"All governments have used urgency, and all opposition parties almost always rail against it.
"But what we have seen through data that Newsroom has gathered ... is that this government has, on most metrics, used more urgency and at least truncated more select committee processes than other recent governments."
She says there is often a surge in the use of urgency when a new government comes into power, in a bid by ministers to stamp their mark and repeal laws implemented by previous governments.
"It's not good, it's not right, but that is quite normal, that is what has become the norm, unfortunately, in New Zealand.
"But we have seen as this government's term has gone on - we are almost two years in now - that the use of urgency has continued."
It is fast becoming a hallmark of the government to get things done quickly.
"This Prime Minister prides himself on fulfilling on his promises, on actions, on getting things done, not just talking about them," says Walters.
But the "too fast, too furious" fallout is mounting. Greyhound advocates, unions, Māori health leaders, and survivor groups have all blasted the process, calling it disrespectful and undemocratic, and are now taking the government to court.
Last month, Greyhound Racing NZ argued its case against the Crown, claiming that the decision to impose a ban on greyhound racing was illegal, that the industry had not been consulted, and that there was no proper regard for recent animal welfare reports.
The government argued the court had no ability to intervene when it came to political decisions to legislate.
In his judgement, released last week, the judge ruled against the racing industry body on all points and denied its application to pause operational work on winding down the industry.
There is another hearing in November.
Walters says this will be followed by other court hearings from other industries and individuals, who "don't feel like [they] got a fair hearing through Parliament," so are asking "will the courts take a different view and will they give us more ability to influence law-making and that law-making process."
In today's episode of The Detail, Walters explains the courts role.
"There is a very, very important separation there between the different powers or different branches of government, and that is entirely appropriate.
"They can't ask them to stop something, they can't overturn legislation, they can't order that they change it; that is up to the executive, the government, to make political decisions and set the policy, and then it's up to the whole of Parliament to make those laws.
"The judiciary, the courts, cannot step across that."
But a tool in a judge's arsenal to protect against oppressive or arbitrary use of power in New Zealand is the Declaration of Inconsistency, which can be issued when a law, or part of a law, is inconsistent with one of the fundamental rights protected under the New Zealand Bill of Rights Act.
"The courts' powers are limited, but it's still not nothing."
After the most recent ruling, the government may go on to win its spate of legal battles, but will there be a cost when it comes to public trust?
"That trust has already been eroded. But this is a global trend ... this is not a position unique in New Zealand, and it's not entirely born out of what is happening in New Zealand," says Walters.
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