Law review will skirt Ahmed Zaoui case

The legislation dealing with asylum-seekers such as Algerian Ahmed Zaoui is a "litigators' paradise" but a review of the law will not prejudice Mr Zaoui, Prime Minister Helen Clark said yesterday.

Last week she labelled the legislation a dog's breakfast, saying she was focused on a review of the law, which was passed in 1998.

Helen Clark has consistently said the legal process for dealing with asylum-seekers such as Mr Zaoui would be reviewed when his case was over.

She now appears to be advancing that review, telling reporters at her post-Cabinet press conference yesterday that a rewritten law would be ready sooner rather than later.

"Governments do have a responsibility to police borders and uphold the national security, and it's not acceptable to me that a law designed to do that ends up with someone still with their future hanging up in the air after two years."

Mr Zaoui, a former Algerian MP, was held in jail as a "threat to national security" after he arrived here in December 2002.

He was declared a genuine refugee by the Refugee Status Appeals Authority.

The security certificate needs to be reviewed by the Inspector-General of Security but that cannot be done while court action is pending.

Mr Zaoui was granted bail by the Supreme Court last week. He is living with an order of Dominican friars.

Further appeals are in the pipeline and it could be another year before a final outcome is known.

Helen Clark said yesterday that no new law should apply to Mr Zaoui's case "but that doesn't mean the Government shouldn't get on with getting new legislation ready as quickly as possible".

Asked whether the review could prejudice Mr Zaoui's case, she said the new law would not apply retrospectively.

"The Zaoui case is going on but we are certainly reviewing the law.

"What it's about is ensuring that we do have law which can operate and this law is clearly a dog's breakfast, it's flawed, it doesn't enable timely decisions to be made and ... I think that's the reason why the Supreme Court invoked inherent jurisdiction."

Helen Clark did not accept that the Supreme Court ruling was embarrassing to the Government or the Security Intelligence Service.

She said Mr Zaoui was out on bail because it had taken so long to complete the process.

"It all comes back to a deeply flawed law passed in 1998 which we've inherited.

"The law is a litigators' paradise and every possible opportunity to litigate around it has been taken.

"Now you can say that's fair for one and all but as Prime Minister I have to say that the Government has a responsibility to ensure that where there is a security risk assessed, that needs to be then independently reviewed and assessed in a timely manner so decisions can be made."

- NZPA