Last ditch bid to identify NZ First defendants thrown out

WELLINGTON: The media’s latest bid to name the accused in the New Zealand First Foundation court case has failed.

The Court of Appeal has declined to grant leave to appeal a name suppression order protecting the identities of the accused.

This latest development ends the media’s fight to name the pair before the general election.

The Serious Fraud Office has charged two people with obtaining by deception after its investigation into the foundation and its handling of donations.

They are accused of obtaining more than $700,000 between 2015 and 2020, then used to pay expenses of the New Zealand First party.

RNZ, Stuff, NZME and TVNZ have challenged a name suppression order protecting their identities that was granted after a series of secret/late notice court hearings the media was not present for.

In both the district and high courts, media lawyer Robert Stewart argued there was compelling public interest in naming the accused before the election.

He also submitted any secrecy around their identities impinged on the public’s right to be fully informed before they cast their votes.

The media challenged the order in both the district and high courts — failing in both jurisdictions — before yesterday seeking leave to appeal to the Court of Appeal.

In a decision released yesterday afternoon, Court of Appeal president Justice Kos noted today was the eve of the general election and an unprecedented level of advance voting had already occurred.

He said he was not persuaded sharing additional information with only some of those voting justified a departure from due process in the courts.

Justice Kos declined to grant leave, citing the Latin legal phrase ‘‘Fiat justitia ruat caelum’’.

‘‘Justice must take its normal course, even in abnormal times,’’ the end of the decision read.