Mariya is now in the eighth year of her proceedings against Robert Roper and the Attorney - General representing the New Zealand Defence Force (the Crown).
19 August 2024Notwithstanding that the Court of Appeal had ordered the return of the case to the High Court to deal with the issues of damages (compensatory and exemplary) the Crown persuaded the Supreme Court to overrule the Court of Appeal which according to the relevant legislation was the final repository of the power to determine matters arising under the accident compensation legislation. In so doing the Supreme Court restricted Mariya's entitlement to damages to that of exemplary damages.
The legislation says that Parliament is sovereign. Parliament has given jurisdiction to the Supreme Court to hear and rule on cases save for those cases that are statutorily controlled by legislation providing that the Court of Appeal has the final say in cases where such legislation so provides.
The accident compensation legislation provides that the Court of Appeal has the final say in cases of that kind, not the Supreme Court. The Supreme Court has ruled contrary to the legislation that the Accident Compensation Act of 2001 prevents Mariya from obtaining compensatory damages.
This issue Mariya proposes to petition the parliament to exercise its sovereignty over the attempt by the Crown to nullify the statutory demand that the final decision resided with the Court of Appeal. In the event that is not achieved and domestic remedies are exhausted she is prepared to take her case to the United Nations Human Rights Committee with the intention of highlighting the failure of the courts in New Zealand to abide by the rule of law.
In October the case has a fixture before the High Court judge who is in a very difficult position given that the Court of Appeal which is supposed to have the final say on matters under the Accident Compensation Act 2001 has apparently been overruled and is subject to the decision of the Supreme Court. Courts of a status below that of the High Court have declined to follow the Supreme Court decision in Mariya's case and have held that it has no commanding authority.
The costs of the litigation have seen Crown Law paid $1,150,000 so far for their fees and $175,000 for the legal aid provided to Robert Roper for his legal costs all at the expense of the taxpayer.
Given the findings of the Royal Commission on Abuse in Care the complaints found justified by the Commission are almost a carbon copy of the case of Mariya Taylor and the RNZAF.
Mariya of course is anxious to see the litigation completed but feels she is letting down those who have suffered as she has and like them has received no compensation whatsoever and unless a stand is taken at this stage the New Zealand legal system will be in disarray and has already been described as failing to comply with the rule of law by international observers.
This present case highlights the difficulties sufferers of the wrongful acts have in trying to obtain any retribution while the government entities such as Crown Law receive vast fees. Mariya would be extremely grateful for any assistance she could receive to her Givealittle page which has assisted her to date in continuing her battle for justice.