NZ Air Force lobby loses appeal

New Zealand's ageing Skyhawk fighters (lower aircraft) have been grounded since December

WELLINGTON, New Zealand (CNN) -- A group campaigning to stop the New Zealand government selling off the country's air force strike capability has lost its case in the Court of Appeal.

The "Save Our Squadrons" group had argued that the decision last May to decommission the combat aircraft was unconstitutional because it went against legislation requiring New Zealand to have an armed air force, as well as an armed navy and army.

Lawyers for the group, which claims more than 4,000 supporters, argued that without an air combat capability the Royal New Zealand Air Force (RNZAF) could not be considered an armed force under the terms of the country's Defense Act.

The case was thrown out by the High Court at the end of last year, but campaigners decided to take the case on to appeal.

Speaking to CNN Monday SOS campaign convener Clive Bradbury said the government's decision was "short-sighted" and "based on the assumption that we live in benign strategic circumstances."

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In the wake of the September 11 attacks, he said, "all that has changed."

However the appeal court ruled that the extent to which the air force was armed was a matter of policy for the government to decide and did not fall within the court's jurisdiction.

Grounded

New Zealand's 15 ageing Skyhawk fighters as well as 18 Italian-made Aermacchi training jets have been grounded since December and will be put up for sale.

The decision to abandon air combat operations has been widely satirized

The center-left coalition government of Prime Minister Helen Clark says the disbanding of the RNZAF's combat wing, part of a program announced last year to update the country's armed forces, will save around $357 (NZ$870) over the next decade.

Speaking to parliament last year Defence Minister Mark Burton said the money saved would remain in the defense budget to be spent re-equipping the country's army for overseas peacekeeping duties and building up the navy to patrol New Zealand's extensive maritime territory.

The decision does not mean the complete abolition of the RNZAF as the force will still maintain several patrol, surveillance and transportation aircraft that will be used to support the operations of the other two services.

However, SOS says that by eliminating New Zealand's air strike capability the government is not only wiping out 62-years of military aviation history but also removing "a reservoir of knowledge and expertise that was available to be built on if the need ever arose."

A statement carried on the group's website said such a decision constituted "an abuse of the trust placed in the government to ensure our future national security."

Having exhausted all legal challenges SOS says it will now focus its campaign on elections due in November to make the government "accountable for its decision at the ballot box."