A request for a Commission of Inquiry into the case of Peter Ellis, a former Christchurch childcare worker convicted of sexual offending in 1993, has been declined by the Justice Minister.
Amy Adams said the request was turned down on the basis that an inquiry could not be used to determine the liability of any person.
Ellis was convicted in 1993 on multiple charges of sexual offending against children while working at a Christchurch childcare centre.
He was sentenced to 10 years in prison, and since then his convictions have been the subject of extensive consideration, including two appeals, an inquiry by former Chief Justice Sir Thomas Eichelbaum and two overseas experts, and a 2003 petition to Parliament.
In 2008, a similar request for a Commission of Inquiry was made to and rejected by former Justice Minister Simon Power.
Ms Adams said she considered the public interest and legal issues before declining the request for an inquiry.
"The new Inquiries Act 2013 is clear that a Commission of Inquiry is not an appropriate vehicle for inquiring into the correctness of a person's convictions."
Section 11 of the Inquiries Act states that an inquiry has no power to determine the criminal liability of any person.
"Furthermore, the request is almost identical to the one made to former Justice Minister Power, and contains no new evidence. I'm not satisfied there is any new information or development that warrants reconsideration of Mr Power's decision," Ms Adams said.
Ms Adams said Mr Ellis had not exhausted the appeal rights available to him through the court system and could still apply for leave to appeal to the Privy Council.
"Notwithstanding the lengthy history of the case and its numerous reviews, it remains open to Mr Ellis to challenge his convictions through the proper channels, particularly if there is now new and compelling evidence relevant to his convictions that has not previously been considered. That is a matter for Mr Ellis to decide," Ms Adams said.
The request for the inquiry was made by former leader of the National Party Don Brash and Dunedin author Lynley Hood.
In a letter addressed to Dr Brash and Dr Hood, Ms Adams said the supporters had stated new academic research highlighted the unreliability of the children's evidence against Ellis.
However, Ms Adams said the research hadn't been produced in support of their request.
Ms Adams said the pair had claimed "vested interests" of ministry officials had precluded proper considerations for a Commission of Inquiry into Ellis' case.
She said this claim was "completely without merit" and she had no problem acting contrary to official advice if she believed it was wrong.
