compensation

Dotcom pinged for ripping off his staff

Get used to Orange fatty

When I first heard about this case I was shocked, I actually called a unionist called Matt McCarten to see if he would help them out.

He refused. Little did I know the reason why he refused to help these poor workers dudded by Kim Dotcom…because he was donkey deep involved in planning Dirty Politics at the time. Hindsight is a wonderful thing.

Now the Employment Relations Authority has found that Dotcom did rip off his workers.

Kim Dotcom has been ordered to pay more than $33,000 in lost wages and compensation?to former staff.

A ruling released by the Employment Relations Authority on Monday has upheld complaints from two of the internet mogul’s former employees that they were unfairly dismissed. ? Read more »

Hide on paying scumbag prisoners your tax money

We don’t like paying money to wife-beaters, rapists and other thugs.

We don’t like retrospective legislation.

We don’t like governments imprisoning citizens unlawfully.

Fair call. ?That’s the Kiwi way. ? But that leaves the government in a pickle.

There’s no quirk or loophole. Corrections quite simply got it wrong. And their wrong-headedness was backed by the High Court and Court of Appeal.

It took the Supreme Court to point out the law as it’s written and intended, fix the anomalies, and re-apply the New Zealand Bill of Rights.

No one has put their hand up or been held to account for the unlawful detention of hundreds of citizens.

Indeed, if anything, the Prime Minister has pinned the blame on the Supreme Court declaring the decision “out of left field”.

That’s nonsense.

The Supreme Court simply did its job. The only thing “out of left field” has been Corrections, the High Court and the Court of Appeal misreading Parliament’s clear instruction.

Corrections simply carried out the law as they understood it to be. ?That’s somewhat different to wilfully keeping people locked up for kicks. Read more »

Collins crushes hopes

Awesome. ?Despicable crims are unlikely to get a pay-out

Prisoners considering seeking compensation for being jailed for too long should not get their hopes up, says Corrections Minister Judith Collins.

Following a Supreme Court decision released on Thursday, the Department of Corrections has admitted wrongly calculating release dates for 500 serving prisoners.

In its judgment, the Supreme Court ruled a violent offender, Michael Marino, spent about four months longer in jail than he should have because the department had failed to accurately factor in the time he had spent on remand.

Corrections is re-calculating release dates and some prisoners are due to be freed as early as today as a result.

Marino’s lawyer, Douglas Ewen, said sentencing laws had been confusing since 2003 and thousands of prisoners could be affected.

He said that could cost the department millions if it had to pay compensation.

But Ms Collins has questioned that.

Yeah nah. ?There is no mistake you see. ?It was legal at the time. ?There is no question the government, or Department of Corrections more specifically, have been negligent in any way. ? Read more »

Pressure builds for National to review their Pora compensation

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It could not be any clearer. Mr Pora spent 21 years in jail for a crime he did not commit. He has lived more than half his adult life behind bars.

He has been separated from his daughter, subjected to the harshness of imprisonment, defined by the justice system as a murderer and twice convicted of slaying a woman in a home he had not set foot in. In New Zealand judicial history, Mr Pora’s case ranks among the worst miscarriages of justice. On that ground alone, those with the task of reaching a fair and just settlement need to temper their accounting with compassion.

Yet despite months of freedom, and a report by a retired High Court judge which found unequivocably that a different man was solely responsible for the heinous rape and murder of Susan Burdett, Mr Pora finds himself still fighting the state to show an element of decency. Read more »

David Bain compensation report a long time coming

David Bain and Joe Karam

David Bain and Joe Karam

The New Zealand Government is still awaiting the conclusions of an independent report looking at whether David Bain should be compensated for wrongful conviction.

Mr Bain was imprisoned in 1995 after being convicted for the murder of his parents, two sisters and brother in Dunedin. He spent 13 years in prison before being found not guilty of murder in a retrial.

In March this year, the Hon. Ian Callinan AC QC, a former Justice of the High Court of Australia, was hired to conduct a fresh inquiry into Mr Bain’s claim for compensation for wrongful conviction and imprisonment.

Justice Minister Amy Adams said at the time that she expected a report back “within six months”.

However, a spokesman for her office today told NZME News Service that Mr Callinan’s inquiry is “still ongoing” and “tracking along”. Read more »

ACT on the damage the political Lochinver decision has caused

Stevenson Group Should be Compensated
Under the Public Works Act the government can commandeer your property for a public purpose but it must compensate you.? The principle is that the public benefit so the public pay, not just the property owner.? The requirement to compensate is an important check on governments trampling property rights.? By blocking Stevenson Group from selling Lochinver Station, the government has trampled property rights and should compensate.

What Public Interest?
It is not clear what public interest we are concerned about.? We have an immigration department to decide if people can come here.? Foreign Investment is when people stay where they are and send money.? The best of all worlds, some might say.? What about the land?? We don?t believe the Chinese can take it home.? What about security? ?Free Press follows Bastiat?s warning that free trade and investment are the best path to peace: ?if goods don?t cross borders, soldiers will.?

How Much Compensation?
The next best deal on offer was $68 million from a local buyer, so Don Brash suggests Stevenson should receive the $20 million difference. That is not a bad starting point.? Then there is the question of delay.? Much of the difficulty with bad regulation is actually the time lost and Stevenson Group have lost 14 months waiting for an adverse decision.?Free Press does not know how to value such a delay but clearly it is costly, for example a 10 per cent return on capital would suggest around $10m.

10% return? ?That’s a little optimistic. ?But the point remains valid. ?There is a loss through government denying the lawful enactment of a sale. Read more »