Parliamentary Service’s Defence

Parliamentary Service CrestThe Parliamentary Service has filed its statements of defence (one to my claim and one to Labour’s cross-claim).

The defence is as expected: Expenditures are incurred on the direct authority of members themselves and that it’s not the job of the Parliamentary Service to approve payments, it’s simply to write the cheques.

Invoices were provided to the Parliamentary Service stamped “approved for payment” and signed by Heather Simpson and, further, Heather Simpson informed the Parliamentary Service that

To my knowledge they comply with all applicable laws and procedures for such publications. That is entirely sufficient certification for your requirements. Kindly ensure that the payments are made without further delay.

The defence goes on to say that even if the payment of the invoices did constitute “a decision or action in the exercise or purported exercise of any statutory power” by the Parliamentary Service the Court should decline to review that decision or action because it is “a matter properly within the purview of Parliament and the subject of an investigation by the Controller and Auditor-General and possible response by the Speaker.”

New links: Parliamentary Service’s defence to my claim (PDF, 179 kB)
Parliamentary Service’s defence to Labour’s cross-claim (PDF, 95 kB)

Previous documents: Labour’s defence (PDF, 375 kB)
Statement of Claim

UPDATE (22/09/06): The NZ Herald has covered the defence: Pledge Card Invoices Stamped ‘Approved’.

37 Responses to “Parliamentary Service’s Defence”

  1. Keith Says:

    a “possible response by the Speaker” eh…..
    well, that gives one great confidence. yessir. Indeed.

  2. Darnton vs Clark » Blog Archive » Brash Demands Simpson Correspondence Says:

    […] Don Brash has demanded that Labour release the full correspondence between Heather Simpson and the Parliamentary Service that was released in part to me and published here yesterday in the Parliamentary Service’s defence. “Meanwhile, evidence presented in a court case against Helen Clark suggests Labour bullied Parliamentary Service into making Labour’s pledge card payment - which the service rightly resisted because it was against the rules.” […]

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