Mallard’s trespass of Peters 'unreasonable' and 'irrational'

October 20, 2022
Winston Peters at the anti-mandate Parliament protest.

The Wellington High Court has released a ruling stating that Trevor Mallard in his role as Speaker was unreasonable, irrational, and unjustified in his decision to trespass Winston Peters from Parliament.

Peters was initially trespassed on May 3 for two years because he visited Parliament protesters on February 22, but the notice was withdrawn the next day.

"I thought it had to be a joke," Peters said after receiving the trespass notice on his door step. The following day he announced he would be seeking a judicial review into the matter.

Today Peters made public yesterday's judgement by Justice Gwyn, who ruled Mallard's notice was an "unjustified limitation on the applicant’s right to freedom of movement under s18 of the New Zealand Bill of Rights Act 1990".

She said it was an "unreasonable and irrational" exercise of the Speaker's power.

Peters said today, "the ruling highlights the unjustified contempt with which all parliamentarians treated those peaceful protesters who were there rightfully, and just wanted to be heard".

"Failure to talk to those peaceful protesters early and hear them out, a process that has happened countless times over decades at parliament, led to a serious deterioration of lawlessness by some – who were never intending to peacefully protest in the first place."

"You cannot be allowed to get away with that behaviour, this is just plain wrong," he told 1News.

Asked whether he expected an apology from Mallard, Peters said "you've got to be joking".

Mallard announced his resignation as Speaker on August 23, effective the following day. Foreign Affairs Minister Nanaia Mahuta announced shortly after that Mallard will take up the post of Ambassador to Ireland.

The former Deputy Prime Minister has been banned for two years for visiting the Parliament protest.

He is due to give his valedictory speech later this afternoon. Peters said he's "flat out" today and doesn't plan to watch.

Mallard has been Speaker since 2017 and was an MP for 35 years.

New Speaker Adrian Rurawhe has apologised over the trespass notice.

Rurawhe said last month "to date, legal costs have been paid of $23,585.45" for the legal spat between Mallard and Peters.

Former MPs Matt King, Rodney Hide, Marama Fox and Darroch Ball also had trespass orders removed.

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