Winston Peters seeking judicial review over Parliament trespass

May 4, 2022

Speaker Trevor Mallard issued the trespass order after Peters’ visited Parliament protesters on February 22. (Source: 1News)

Former Deputy Prime Minister Winston Peters says he is seeking a judicial review on the decision made to trespass him from Parliament for two years.

Peters said on Wednesday he was doing so after carefully considering advice from his lawyers.

Trespass notices are able to be issued under the power held by Speaker Trevor Mallard.

A judicial review asks a judge to review actions or decisions made by a public or private administrative body.

Peters was trespassed on Tuesday for two years for visiting Parliament protesters on February 22.

"It is my intention to seek a precedent on behalf of the hundreds of others who were unreasonably and therefore unlawfully trespassed for peacefully protesting," Peters said.

He said it was not about whether former MPs should be treated differently to others at the protest - "they should not" - but rather "fairness, freedoms, democracy and one law for all New Zealanders".

"I'm saying the laws of this country should be held equally, no matter who you are, no matter what your background is, and I think it's a principle worth fighting for and New Zealanders should fight for it, because if they don't, they'll find decay in their society and erosion of their fundamental rights as human beings," he earlier told Breakfast on Wednesday.

Prime Minister Jacinda Ardern had spoken to Speaker Trevor Mallard, encouraging him to talk to other parties in Parliament.

"He does ultimately have the jurisdiction and the responsibilities over these grounds, but it is an issue where he is having to decide whether past Members of Parliament are treated exactly as everyone else," Ardern said on Tuesday.

Mallard tweeted that a special Parliament group met to discuss whether past MPs should be exempt from receiving trespass notices, but only ACT supported the proposal.

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