Air Force appeal set to go

Campaigners fighting the Government decision to shed the air combat force go into the next round of their legal battle in the Court of Appeal next week.

Save Our Squadrons (SOS) campaign spokesman Clive Bradbury, an Auckland lawyer, said the group would challenge a High Court ruling which struck out its bid to establish that Defence Minister Mark Burton's decision to scrap the Skyhawks, Aermacchis and about 700 Air Force jobs exceeded his constitutional powers.

The group spent $20,000 to $50,000 on the High Court challenge in November, but Justice Richard Heron rejected its application for an interim order to stop the disbanding of the combat force until the decision could be reviewed.

Instead, Justice Heron accepted the Government's counter-claim to strike out the group's proceedings.

He said the armed forces were under ministerial control according to the Defence Act, which required that the Air Force exist but did not specify that there must be an air combat force.

Mr Bradbury said SOS would try to have the decision overturned in the Court of Appeal in Wellington next Tuesday.

This would allow the group to take its argument back to the High Court at Auckland or Wellington.

If the High Court found that the minister's decision was unlawful, the Government could be forced to bring legislation before Parliament where the decision could be debated.

Alternatively, the Government could be forced to reverse the changes or re-establish some form of air combat force.

Mr Bradbury said the group intended to make defence policies an election issue and would invite defence experts from Australia, Britain and the United States for a series of public meetings before the poll.

- NZPA

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