Bain seeks judicial review

Last updated 16:45 30/01/2013

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David Bain has filed a claim in the Auckland High Court seeking a judicial review of Justice Minister Judith Collins' handling of his compensation case.

A statement issued by Bain supporter Joe Karam said he was seeking a judicial review of the actions taken by Collins since she received Justice Binnie's report in late August 2012, including the "secret process" which culminated in the subsequent report by Judge Robert Fisher.

"The claim includes allegations that the Minister has breached David's rights to natural justice, breached his rights under the New Zealand Bill of Rights Act 1990, acted in bad faith, abused her power, and acted in a biased, unreasonable and predetermined manner," Mr Karam said.

"Declarations are sought from the Court to this effect, along with any necessary further directions."

The claim also requested the Crown defer any further action in relation to Bain's claim pending the outcome of the judicial review.

"David Bain has particularly requested that I make it known that he anguished over the prospect of returning to Court, and only did so with great reluctance," spokesman Joe Karam said.

"The application is necessary because the Minister has continued her policy of refusing to constructively communicate with his advisers, and because he no longer has any confidence that his claim is being assessed in a fair manner. "

Bain's legal team have asked for the application for compensation to be put on hold.

Collins said she is considering their request. "This will result in further delay," she said.

She has taken steps to ensure the process is "fair and proper throughout," she said.

Because the application for compensation falls outside Cabinet guidelines, any award would be made at ministers' discretion.

As the matter is now before the Courts she will comment further.

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